Overview
- In a written submission, the Union Law Ministry told the Joint Parliamentary Committee that synchronising elections does not violate the Constitution’s basic structure or federal character, arguing the five-year term is not sacrosanct and a one-time curtailment is permissible.
- The 23rd Law Commission has firmed up the view that Parliament may amend Articles 83 and 172 to align tenures for simultaneous polls without disturbing the basic structure.
- The commission also maintains the Bills do not require ratification by states because the proposed changes do not fall within the proviso to Article 368(2).
- The JPC, chaired by BJP MP P. P. Chaudhary, will hear the Law Commission and the Election Commission on December 4, with the Law Ministry slated to appear later.
- The Law Ministry says the Election Commission retains autonomy under Article 324 and its scheduling powers under the Representation of the People Act, as the Law Commission opposes a constructive no-confidence rule and statutory backing for the Model Code of Conduct while highlighting time and cost savings from synchronised elections.