The Law Commission of India has invited suggestions from the public and political parties on the holding of simultaneous elections to the Lok Sabha and the State Legislatures. The Commission has sent letters to political parties inviting their comments and suggestions, and the same has been put up as a public notice on its website. Stating that the Commission has come to the conclusion that holding simultaneous elections would be ideal as well as desirable, it has sought to form a workable formula for the Constitution.
The 22nd Law Commission, headed by Justice Ritu Raj Awasthi, has invited suggestions on six questions in its public notice. The questions were part of the draft report prepared by the previous law commission titled ‘Simultaneous Elections’. Stating that the current commission decided that it should seek the opinion of stakeholders, including national political parties, the Election Commission of India, bureaucrats, academicians, experts, etc, the questions have been put on public domain. They are:
> Will holding simultaneous elections, by any means tinker with the democracy, basic structure of the Constitution or the federal polity of the country?
> It is proposed that the Prime Minister or the state’s Chief Minister may be appointed or selected in the same manner as a Speaker of the House or Assembly is elected, in case no political party gains majority. Will it be possible and be in consonance and in conformity with the Tenth Schedule to the Constitution?
> Will such an appointment or selection by consensus amongst the political parties or elected members require amendment to the Tenth Schedule to the Constitution [Provisions as to disqualification on ground of defection] and to what extent?
> What other Articles of the Constitution may require amendment(s) or insertion of new clauses or Articles, other than those discussed in the Draft Report?
> To hold simultaneous elections, are there any other issue(s) apart from those discussed in the Draft Report that would require elaborate study?
> Do any of the suggestions or recommendations made in the draft report of the 21st Law Commission violate the constitutional scheme and to what extent?
The suggestions can be uploaded here before January 16, 2023.
The Law Commission’s public notice comes a day after the Ministry of Law and Justice informed the Rajya Sabha that simultaneous elections would lead to “huge saving to the public exchequer, avoidance of replication of effort on part of administrative and law and order machinery in holding repeated elections and bring considerable savings to political parties and candidates in their election campaigns”.
Bharatiya Janata Party (BJP) MP Harnath Singh Yadav from Uttar Pradesh asked the Rajya Sabha if Lok Sabha and State Legislative Assembly elections were held simultaneously post independence and their details; and the concept behind holding simultaneous elections and its benefits. Minister of Law and Justice Kiren Rijiju, in a written response, said that the General Elections to Lok Sabha and all State Legislative Assemblies were held simultaneously four times, in 1951-52, 1957, 1962 and 1967. “However, due to the premature dissolution of some Legislative Assemblies in 1968 and 1969, the cycle got disrupted,” he said.
Further, he pointed out that the Law Commission of India, in its 170th Report on Reform on Electoral Laws, suggested simultaneous elections to Lok Sabha and state Assemblies for the sake of stability in governance. He added that it will also be limiting the “adverse effect/schemes due to prolonged enforcement of Model Code of Conduct” that is put in place during Lok Sabha and state Assembly elections, including bye-elections.