Law Panel Says Simultaneous Elections Can Be Held In Two Phases

New Delhi: A law commission internal working paper has recently recommended holding of simultaneous Lok Sabha and assembly elections in two phases beginning 2019. The aim of the recommendation seems to be the government’s concept of ‘one nation, one elections’.

The second phase for simultaneous elections can take place in 2024, according to the document.

The document has proposed amending the Constitution and the Representation of the People Act to shorten or extend the terms of state legislative assemblies to effect the move.

The document contains proposals amending the Constitution and the Representation of the People Act to shorten or extend the terms of state legislative assemblies to effect the move.

The amendments are as per the ones recommended by a parliamentary panel and the Niti Aayog.

The working paper will also be discussed by the ‘full commission’ on April 17. “It is a draft document and no final decision has been taken. If members suggest, changes could be made before a final report is submitted to the law ministry,” a top law panel functionary said.

The states which comes under the recommendation under phase I are where assembly elections are due in 2021. These all include Andhra Pradesh, Assam, Bihar, Madhya Pradesh and Maharashtra.

The states which come under phase II are Uttar Pradesh, Gujarat, Karnataka, Delhi and Punjab. To hold elections in all these states along with LS polls, the terms of the assemblies need to be extended.

As per the suggestion that was made by the Election Commission, the working paper also says that a no- trust motion against the government need to be followed by a trust motion. This will help ensure that if the opposition does not have any numbers to form an alternative government, the regime in the office cannot be removed.

Chief Election Commissioner Om Prakash Rawat had got a word of caution for simultaneous polls when he recently said that the framework in legal terms required for holding of the two elections together will take a lot of time to get ready.

“We cannot put the cart before the horse. Logistical issues are subservient to legal framework. Unless legal framework is in place, we don’t have to talk about anything else because legal framework will take a lot of time, making constitutional amendment to (changing) the law, all the process will take time,” he said.

He had also said that once the legal framework is ready, the Election Commission will deliver. EC is a creation by the Constitution.

But according to some experts, the simultaneous elections cannot be that much easy as it is being presumed. Once done, it will bring out many irregularities and unchecked procedures in the way.

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