Explorer

Simultaneous polls: Law Commission recommends tough legal framework

As the government toys with the idea of holding simultaneous polls to Lok Sabha and state assemblies, the Law Commission has recommended a tough legal framework for such a gigantic exercise.

NEW DELHI: As the government toys with the idea of holding simultaneous polls to Lok Sabha and state assemblies, the Law Commission has recommended a tough legal framework for such a gigantic exercise. The law panel, in its draft recommendations made last August, recommended amendments to the Constitution and the Representation of the People Act to ensure simultaneous elections. Simultaneous elections to Lok Sabha and state assemblies can be held in two phases, provided at least two provisions of the Constitution are amended and ratified by majority of the states, the Commission had recommended. Agreeing with the view of the law panel, former chief election commissioner T S Krishnamurthy said the 'one nation one election' idea is very attractive but cannot be put into practice without a constitutional amendment providing for fixed tenure for legislatures. Prime Minister Narendra Modi Wednesday discussed with heads of various political parties which have at least one MP either in the Lok Sabha or Rajya Sabha, the issue of "one nation, one election". Krishnamurthy, who oversaw the 2004 Lok Sabha elections, said a lot of administrative arrangements, including increasing the strength of paramilitary forces for poll duties, might be required for holding simultaneous elections but they are possible. The idea has several advantages, he said, but the biggest impediment in its implementation is constitutional provision relating to no-confidence motion and related issues. "The only way out is amendment by which you say... a vote of confidence will be effective only if some other person is elected as a leader; otherwise old government will continue. Unless you provide for fixed tenure of the House, it's not possible," he told PTI. "... Transitional provisions may be required because some Houses would have had two-and-half years (of its tenure), some would have had four-and-half years, like that. Transitional provision providing for extending the (tenure of) Houses to a common date may be required," Krishnamurthy said. The law panel document stated that the leader of the majority party be elected prime minister or chief minister by the entire House (Lok Sabha or state Assembly) to ensure stability of the government as well as the Lok Sabha or the Assembly. The report proposed amending the Constitution (Articles 83(2) and 172(1) dealing with tenures of Lok Sabha and state Assemblies) and the Representation of the People Act to extend the terms of state legislative Assemblies to effect the move. It suggested that in case a government fell mid-term, the term of the new government would be for the remaining period "and not for a fresh five-year term". "As an abundant caution and in order to avoid a challenge (in the courts) to amendments on the ground of not having obtained ratification by majority of the states, such ratification could be obtained for the proposed (constitutional) amendment," the report said.
View More
Advertisement
Advertisement
25°C
New Delhi
Rain: 100mm
Humidity: 97%
Wind: WNW 47km/h
See Today's Weather
powered by
Accu Weather
Advertisement

Top Headlines

'You Will Be Chief Minister Someday': Fadnavis Tells His Deputy Ajit Pawar, Shares 24-Hour Work Plan
'You Will Be Chief Minister Someday': Fadnavis Tells His Deputy Ajit Pawar, Shares 24-Hour Work Plan
'Motion' To Remove Jagdeep Dhankhar As Rajya Sabha Chairman Dismissed On Technicality. Here's What Happened
'Motion' To Remove Dhankhar As RS Chairman Dismissed On Technicality
Rahul Gandhi Sports Blue T-Shirt To Protest Ambedkar's 'Insult'. Know Why Blue Is Linked With Dalit Resistance
RaGa Sports Blue T-Shirt To Protest Ambedkar's 'Insult'. Know Why Blue Is Linked With Dalit Resistance
'I Never Thought...': Ravichandran Ashwin Responds To Father's Controversial Remarks
'I Never Thought...': Ravichandran Ashwin Responds To Father's Controversial Remarks
Advertisement
ABP Premium

Videos

Rahul Gandhi Linked to Incident That Led to BJP MP Mukesh Rajput’s HospitalizationBJP MP Mukesh Rajput Hospitalized in ICU After Alleged Push by Rahul GandhiHeated Exchange in Parliament as Opposition Targets Amit Shah Over Ambedkar RemarksLucknow Protest Turns Tragic: Congress Worker Dies, Police Investigation Underway

Photo Gallery

Embed widget