Law Commission endorses simultaneous polls, says will require constitutional amendment

The Law Commission on Thursday came out with a draft suggestion on how to hold simultaneous pollsin the country.

The Law Commission admitted it was not possible to hold simultaneous pollsunder the current framework of the Constitution, and therefore suggested that a constitutional amendment would be required.

The Law Commission added that simultaneous polls are good for the country since they will save public money, reduce the administrative and security burden, and ensure that the administration is engaged in development work after the holding of elections.

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The Law Commission suggested three options for the holding of simultaneous polls.

The first option suggested that Lok Sabha elections can be bunched with a few states in 2019 while the remaining states can hold assembly elections in 2021 with their tenure limited to 30 months.

This will ensure that in 2024 all states and the centre hold simultaneous polls which the BJP has been assiduously campaigning for. This would entail the amendment of article 172.

The second option also requires amendment of the state article but looks like an act of compromise. It argues that willing states should be bunched during 2019 Lok Sabha elections and rest with an amendment to the article in 2021 so that elections are held in two cycles every 5 years. It is argued that this act will reduce the administrative burden.

The last option says that all state elections should be bunched together on a yearly bases which translates into one set of elections every calendar year. This too would require an amendment to article 85 and 174.

This would also require half of the states of the union to fall in line and sign the provision for change. To ensure stability, the concept of a constructive vote of confidence may need to be adopted. It will also lead to a limited number of motions against the government. In case there is a hung Parliament or assembly and the government falls and elections happen, the House will only be constituted for the remainder of the term. The Commission said that for this article 83 and 172 will need to be amended.

On the issue of disqualification, the Law Commission says that such issues will have to be dealt by the chair of the House within 6 months and all by-elections arising must be clubbed together for the calendar year.