Union Law Ministry defends simultaneous polls proposal, Pg12

Key Highlights:

• The Union Law Ministry defended the simultaneous polls proposal in a submission to the Joint Parliamentary Committee (JPC).
• The Ministry argued that the proposal does not violate the Constitution’s basic structure or infringe upon federalism.
• Articles 83(2) and 172(1) of the Constitution allow for premature dissolution of the Lok Sabha and State Assemblies.
• The Ministry cited the 42nd and 44th Constitutional Amendments as precedents for altering the tenure of legislatures.

Detailed Insights:

• The Joint Parliamentary Committee (JPC), led by P.P. Chaudhary, is examining Bills related to simultaneous elections.
• The Law Ministry asserted that curtailing a government's tenure to synchronize elections does not undermine voters' rights, as the Constitution allows for premature dissolution.
• The Ministry referenced the Kesavananda Bharati judgment, arguing that the proposed legislation does not erode the principle of separation of powers or federalism.
• The Election Commission's autonomy under Article 324 and its authority to schedule elections under the Representation of the People Act, 1951, would not be excessively expanded by the new framework.
• Simultaneous elections aim to reduce the frequency and expenditure of polls while upholding constitutional principles.

Key Concepts Involved:

• Simultaneous Elections: Holding elections for the Lok Sabha, State Assemblies, and local bodies at the same time.
• Basic Structure Doctrine: The principle that certain fundamental features of the Constitution cannot be amended.
• Federalism: A system of government in which power is divided between a central authority and constituent political units.