The Union Law Ministry has informed the Joint Parliamentary Committee (JPC) that implementing simultaneous elections will not violate the Constitution’s basic structure. The move aims to streamline elections without affecting federal principles or voter rights.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Union Law Ministry, in a written submission to the Joint Parliamentary Committee (JPC) reviewing the proposed Bills on simultaneous elections, stated that the framework does not violate the basic structure of the Indian Constitution nor undermine India’s federal principles. The JPC, chaired by BJP MP P.P. Chaudhary, is currently examining the feasibility and legal implications of holding Lok Sabha and State Assembly elections together.
The committee will meet representatives of the 23rd Law Commission and the Election Commission of India (ECI) on December 4, while the Law Ministry will appear at a later date. The Law Commission has also submitted a detailed 100-page report supporting similar positions.
Addressing questions regarding whether simultaneous polls would curtail an existing government’s term and violate voters’ mandate, the Ministry cited Articles 83(2) and 172(1), which state that the Lok Sabha and State Assemblies can function for five years “unless sooner dissolved.”
Key Constitutional Points:
- The phrase “unless sooner dissolved” was intentionally drafted by the framers.
- The five-year tenure is not an unchangeable or sacred part of the basic structure.
- The 42nd Constitutional Amendment (1976) extended the term of legislatures to six years, which was later reversed by the 44th Amendment.
Ministry’s Argument:
If the tenure could be extended through Constitutional amendment, a one-time curtailment to align elections cannot violate the basic structure.
The Ministry emphasized that the proposed changes do not conflict with the Supreme Court’s Kesavananda Bharati ruling on the basic structure doctrine. It argued that simultaneous elections do not compromise the separation of powers or federalism.
Quoting Dr. B.R. Ambedkar, it said the Constitution is meant to be flexible and to operate federally under normal circumstances and unitary under emergencies.
Synchronisation of elections through Constitutional amendment does not disturb this balance.
Mid-Term Elections
The Ministry clarified that:
- Mid-term elections do not restrict the electorate’s power.
- The right to vote is grounded in Article 326, but is not a fundamental right, citing the Supreme Court ruling in Kuldip Nayar vs. Union of India (2006).
Statutory Restrictions Allowed
Under the Representation of the People Act, 1951, voters may be disqualified for reasons like:
- Non-citizenship,
- Unsoundness of mind,
- Electoral offenses, or
- Corrupt practices.
Role of the Election Commission
Responding to concerns that simultaneous elections may give excessive power to the Election Commission, the Ministry said the ECI already holds autonomous authority under Article 324 and routinely sets election schedules under Sections 14 and 15 of the Representation of the People Act, 1951.
In rare circumstances where polls cannot be conducted, the EC may recommend a deferment to the President.
According to the Ministry, the goal is to reduce the high frequency of elections and national expenditure, without compromising democratic rights or federal governance.
Click Here to Read Our Reports on One Nation One Election