The Union Law Ministry, in a written submission to the Joint Parliamentary Committee (JPC) examining the Bills on simultaneous elections, said that the proposed framework does not violate the Constitution’s basic structure, nor does it infringe upon the federal structure of the Constitution.
The JPC, headed by senior BJP leader P.P. Chaudhary will be meeting representatives from the 23rd Law Commission and the Election Commission on December 4. The Law Ministry, which has already submitted replies to the questions posed by the panel, will be appearing at a later meeting. The Law Commission has submitted a report running 100 pages, making arguments similar to that of the Law Ministry.
Responding to queries on whether curtailing the tenure of a government undermines the voter’s right to elect a government for five years, the Ministry said Articles 83(2) and 172(1) of the Constitution explicitly provide that the term of the Lok Sabha and State Assemblies shall be five years “unless sooner dissolved.” This phrase, the Ministry argued, was deliberately incorporated by the framers to allow for premature dissolution under certain circumstances.
“The five-year tenure is neither sacrosanct nor part of the basic structure,” the Ministry noted, citing historical precedent. It pointed out that the 42nd Constitutional Amendment (1976) made during the 19-month Emergency imposed by the Indira Gandhi government extended the tenure of legislatures to six years, which was later restored to five years through the 44th Amendment.
