Kovind-led panel aims at “minimum possible” amendments to Constitution and election-related laws
Kovind-led panel is aiming at “minimum possible” amendments to the Constitution and various other election-related laws, to enable a switch to simultaneous polls. However, this is bound to be challenging given that assessments so far point to extensive constitutional and legal amendments. Anubhuti Vishnoi takes a look:
First Time: Law Commission’s 1999 report called for a two-phase process with some assemblies going to polls midterm of the Lok Sabha and the remaining at the end of Lok Sabha’s tenure with EC notifying polls six months before completion of term.
Niti Aayog’s 2015 proposal also pitched for a two-phase process while the EC has suggested that all elections falling in one year be conducted together, and states going to polls in the same year as general elections be clubbed with Lok Sabha polls.
All these options, however, are against Article 83(2) and 172(1) of the Constitution which state that the term of the House of People and state assembly respectively should be for five years.
Premature Dissolution/ Extension of House: The provisions to Article 83(2) and Article 172(1) do allow for extension of Parliament/legislative assembly’s term for a period of six months at a time but only following a “proclamation of emergency”.
On states, Article 356 of the Constitution allows the Centre to bring a state under President’s rule by prematurely dissolving its assembly. A Presidential rule is also subject to a proclamation that has to be approved by both Houses of Parliament.
Midterm Govt Collapse: To check
