## Report on Notification Regarding Election of Members to the Council of States from Kerala
**1. Executive Summary:**
This report analyzes a notification issued by the Ministry of Law and Justice, Legislative Department, Government of India, dated April 13, 2021. The notification pertains to the election of three members to the Council of States (Rajya Sabha) from the State of Kerala, necessitated by the retirement of existing members. The report identifies the key provisions for initiating this election process and its legal basis.
**2. Introduction:**
The purpose of this report is to provide an overview of a specific government notification regarding the election of members to the Council of States from Kerala. This analysis is solely based on the provided text of the notification.
**3. Policy Overview:**
This notification outlines the process for electing members to fill vacant seats in the Council of States.
* **Core Objective(s):** The core objective is to initiate the election process to fill three vacant seats in the Council of States representing the State of Kerala. This is triggered by the impending retirement of existing members on April 21, 2021.
**4. Background and Rationale:**
* **New Policy:** This is a notification triggering a specific process mandated by existing laws, therefore it is not an inherently "new policy" but follows a pre-existing legal framework. The policy addresses the need to maintain representation from the State of Kerala in the Council of States by initiating the election process to replace retiring members. The notification ensures continuity and adherence to the principles of representation.
**5. Key Provisions / Changes:**
* **New Policy:**
* The President of India, acting under Section 12 of the Representation of the People Act, 1951, calls upon the elected members of the Legislative Assembly of Kerala to elect three members to the Council of States.
* The election must be conducted in accordance with the provisions of the Representation of the People Act, 1951, and the rules and orders made thereunder.
* The election is for filling seats that will become vacant on April 21, 2021, due to the retirement of three members.
**6. Target Audience and Stakeholders:**
The primary target audience includes:
* Elected members of the Legislative Assembly of Kerala.
* The Election Commission of India (implied, though not explicitly mentioned).
* Potential candidates for the Council of States seats.
* Citizens of Kerala (indirectly, as their representation is being maintained).
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Ministry of Law and Justice issued the notification, indicating its role in overseeing legal and procedural aspects. The Election Commission of India is implicitly responsible for conducting the election process according to established rules and procedures. The Legislative Assembly of Kerala is responsible for conducting the election of new members.
* **Timelines and Procedures:** The notification specifies the date (April 21, 2021) on which the seats become vacant. The timeline for conducting the election is not explicitly stated, but it is implied that the election process needs to be completed promptly to ensure continuous representation. The notification references the Representation of the People Act, 1951, indicating that the election procedures outlined in that Act must be followed.
**8. Expected Outcomes / Impact of Changes:**
* **New Policy:** The expected outcome is the election of three new members to the Council of States from Kerala, ensuring continued representation of the state in the upper house of the Indian Parliament. This maintains the balance of power and allows Kerala to participate in national-level legislative and policy discussions.
**9. Conclusion:**
The notification from the Ministry of Law and Justice initiates the process for electing three members to the Council of States from Kerala. This action is mandated by the Representation of the People Act, 1951, and ensures that the State of Kerala maintains its representation in the Indian Parliament. The implementation of this notification is crucial for maintaining the democratic process and ensuring fair representation of all states in the Council of States.
Key Entities Referenced
Legislative Assembly of the State of Kerala: The legislative assembly of the state of Kerala, India, whose elected members are being called upon to elect members to the Council of States.
Council of States: The upper house of the Parliament of India, also known as the Rajya Sabha. Three members are retiring and need to be replaced.
Representation of the People Act, 1951: An act of the Parliament of India that regulates elections to the Parliament and the State Legislatures.
Ministry of Law and Justice: A ministry of the Government of India.
Dr. G. NARAYANA RAJU: Secretary in the Legislative Department, Ministry of Law and Justice.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलx.x-GअID.-E1x3xx0 42021-226573
CG-DL-E-13042021-226573
असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 1487] नई ददल्ली, मगं लिार, अप्रलै 13, 2021/चत्रै 23, 1943
No. 1487] NEW DELHI, TUESDAY, APRIL 13, 2021/CHAITRA 23, 1943
जिजध और न्याय मंत्रालय
(जिधायी जिभाग)
अजधसूचना
नई ददल्ली, 13 अप्रैल, 2021
का.आ. 1598(अ).—राष्ट्रपजत, लोक प्रजतजनजधत्ि अजधजनयम, 1951 (1951 का 43) की धारा
12 के अनुसरण में, केरल राज्य की जिधान सभा के जनिााजचत सदस्ट्यों से, उक्त अजधजनयम और उसके
अधीन बनाए गए जनयमों के उपबंधों और दकए गए आदिे ों के अनुसार, राज्य सभा के उन स्ट् थानों को
भरने के प्रयोिन के जलए, िो तीन (3) सदस्ट् यों की पदािजध के अिसान पर जनिृत्त होने के कारण 21
अप्रैल, 2021 को ररक्त हो रह े ह,ैं जनिााजचत करने की अपेक्षा करते ह।ैं
[फा.सं.एच-11024/2/2021-जि. II]
डा. िी. नारायण रािू, सजचि
2251 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
NOTIFICATION
New Delhi, the 13th April, 2021
S.O. 1598(E).––In pursuance of section 12 of the Representation of the People Act, 1951 (43 of
1951), the President is pleased to call upon the elected members of the Legislative Assembly of the State of
Kerala to elect, in accordance with the provisions of the said Act and of the rules and orders made
thereunder, three (3) members for the purpose of filling the seats which are due to fall vacant on the 21st
April, 2021 on the retirement of three members of the Council of States, on the expiration of their term of
office.
[F. No. H.11024/2/2021-Leg.II]
Dr. G. NARAYANA RAJU, Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.