## Policy Analysis Report: Election to the Council of States from Puducherry
**1. Executive Summary:**
This report analyzes a notification from the Ministry of Law and Justice, Legislative Department, published in the Gazette of India on September 15, 2021. The notification pertains to the election of one member to the Council of States (Rajya Sabha) from the Union Territory of Puducherry. This action is initiated following Section 12 of the Representation of the People Act, 1951, due to the upcoming vacancy created by the retirement of a current member on October 6, 2021. The key finding is the formal call to the elected members of the Puducherry Legislative Assembly to elect a replacement, thus ensuring continued representation of the Union Territory in the Council of States.
**2. Introduction:**
This report provides an overview and analysis of a government notification regarding the election of a member of the Council of States from the Union Territory of Puducherry. The analysis is based solely on the information presented within the provided text of the notification.
**3. Policy Overview:**
* This appears to be a *new* policy action/notification, rather than an amendment to a pre-existing policy.
* **Core Objective:** The core objective is to initiate the process for electing a member to the Council of States from Puducherry to fill a seat becoming vacant due to retirement. This ensures continued representation of Puducherry in the Upper House of the Parliament.
**4. Background and Rationale:**
As a new policy action, the notification addresses the issue of an impending vacancy in the Council of States due to the retirement of a member representing Puducherry. The Representation of the People Act, 1951 mandates the filling of such vacancies through elections. The notification is a formal step in fulfilling this legal requirement and ensuring that the Union Territory maintains its designated representation in the Council of States.
**5. Key Provisions / Changes:**
This is a *new policy action/notification*, therefore, the key provisions are:
* The President, acting under Section 12 of the Representation of the People Act, 1951, formally calls upon the elected members of the Legislative Assembly of Puducherry to elect a member to the Council of States.
* The election must be conducted according to the provisions of the Representation of the People Act, 1951, and related rules and orders.
* The election is to fill the seat that will become vacant on October 6, 2021, due to the retirement of a member.
* Only one member is to be elected.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders are:
* Elected members of the Legislative Assembly of the Union Territory of Puducherry: They are directly responsible for electing the new member of the Council of States.
* The Election Commission of India: Responsible for overseeing and conducting the election process.
* Residents of Puducherry: They are indirectly affected by the representation their elected member will provide in the Council of States.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Ministry of Law and Justice (Legislative Department) issues the notification. The Election Commission of India is responsible for the election itself.
* **Timeline:** The notification specifies that the seat falls vacant on October 6, 2021. Therefore, the election process must be completed before this date. The exact procedures and dates of the election will be determined and announced by the Election Commission of India. The reference to the Representation of the People Act, 1951 suggests that the election process will conform to the relevant rules and regulations within that Act.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of this notification is the successful election of a new member to the Council of States representing the Union Territory of Puducherry. This will ensure that Puducherry's voice is represented in the Upper House of Parliament, allowing the territory to participate in national-level legislative discussions and decision-making.
**9. Conclusion:**
The notification issued by the Ministry of Law and Justice initiates the process for electing a member to the Council of States from Puducherry. This action ensures the continued representation of the Union Territory in the Upper House of Parliament and upholds the provisions of the Representation of the People Act, 1951. The election will be carried out by the elected members of the Puducherry Legislative Assembly, and the elected member will play a role in representing the interests of the Union Territory at the national level.
Key Entities Referenced
Representation of the People Act, 1951: An Act of the Parliament of India that regulates elections to the Parliament and the State Legislatures.
Legislative Assembly of the Union territory of Puducherry: The legislative body of the Union Territory of Puducherry, India.
Puducherry: A Union Territory of India.
Council of States: The upper house of the Parliament of India.
Anoop Kumar Mendiratta: Secretary, Ministry of Law and Justice, Legislative Department.
Ministry of Law and Justice: A ministry of the Government of India.
New Delhi: Capital of India, where the notification was issued.
Mayapuri, New Delhi: Location of the Government of India Press.
Delhi: Location of the Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलx.x-GअID.-E1x5xx0 92021-229650
CG-DL-E-15092021-229650
असाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 3478] नई ददल्ली, बधु िार, जसतम्ब र 15, 2021/भाद्र 24, 1943
No. 3478] NEW DELHI, WEDNESDAY, SEPTEMBER 15, 2021/BHADRA 24, 1943
जिजध और न्याय मत्रं ालय
(जिधायी जिभाग)
अजधसचू ना
नई ददल्ली, 15 जसतम्बर, 2021
का.आ. 3790(अ).—राष्ट्रपजत, लोक प्रजतजनजधत्ि अजधजनयम, 1951 (1951 का 43) की धारा 12 के
अनुसरण में, संघ राज्य क्षेत्र पुडुचेरी की जिधान सभा के जनिााजचत सदस्ट्यों स,े उक्त अजधजनयम और उसके अधीन
बनाए गए जनयमों के उपबंधों और दकए गए आदिे ों के अनुसार, राज्य सभा के उस स्ट्थ ान को भरन े के प्रयोिन के
जलए, िो एक (1) सदस्ट् य की पदािजध के अिसान पर जनिृत्त होन े के कारण 06 अक्टूबर, 2021 को ररक्त हो रहा
ह,ै जनिााजचत करन े की अपेक्षा करत े ह।ैं
[फा. सं. एच-11024/2/2021-जि.II]
अनूप कुमार मेंदीरत्ता, सजचि
5198 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 15th September, 2021
S.O. 3790(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
Union territory of Puducherry to elect, in accordance with the provisions of the said Act and of the rules
and orders made thereunder, one (1) member for the purpose of filling the seat which is due to fall vacant
on the 06th October, 2021 on the retirement of one member of the Council of States, on the expiration of his
term of office.
[F. No. H.11024/2/2021-Leg.II]
ANOOP KUMAR MENDIRATTA, 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.