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EC suggests 5 amendments to Constitution for simultaneous polls

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EC suggests 5 amendments to Constitution for simultaneous polls

Chief Election Commissioner OP Rawat, Photo Credit: Agencies

Election Commission backs proposal for simultaneous Lok Sabha and Assembly polls but says 5 Articles under the Constitution will have to be amended first

Close on the heels of Prime Minister Narendra Modi’s concerted campaign for simultaneous polls to the Lok Sabha and state assemblies, the Election Commission has written to the Union Law Ministry stating that while it backed the idea, at least five Articles under the Constitution will have to first be amended to make this major reform possible.

According to a report in the Times of India, the Election Commission has sent a detailed note to the Union Law Ministry on the legislative requirements that need to be met before the Modi government can actually go ahead with the idea of holding simultaneous elections. The details from the Election Commission were sought in response to a private member’s bill in Rajya Sabha.

The required amendments to the Constitution that the EC has pointed out pertain to five Articles which largely govern the duration and dissolution of the Lok Sabha and state assemblies.

An internal note of prepared on the issue by the law ministry after factoring in the suggestions of the Election Commission was reportedly accessed by the TOI. The TOI report says: “…EC said terms of state legislatures could be extended, or curtailed, to coincide with LS polls. Article 83, dealing with duration of Houses of Parliament may need amendment. Other Articles that may need amendment include Article 85, regarding dissolution of the Lok Sabha by the President; and Article 172, relating to duration of state legislatures, Article 174 relating to dissolution of state assemblies; and Article 356”.

Here’s what the Articles pointed out by the EC for relevant amendments state:

Article 83

“The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year as a time and not extending in any case beyond a period of six months after s the Proclamation has ceased to operate.”

(Relevant part regarding the Lok Sabha; the Article also talks about the Rajya Sabha but the amendment need not be made to the part concerning the Upper House as its term is not affected by the dissolution of the Lok Sabha or state assembly)

Article 85

Sessions of Parliament, prorogation and dissolution

(1) The President shall form time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session

(2) The President may from time to time

(a) prorogue the Houses or either House;

(b) dissolve the House of the People

Article 172

Duration of State Legislatures

“(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.”

Article 174

Sessions of the State Legislature, prorogation and dissolution

“(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session

(2) The Governor may from time to time

(a) Prorogue the House or either House;

(b) dissolve the Legislative Assembly.”

Article 356 – Outlines rules for declaration of President’s Rule in States

The TOI report also mentions that, despite the push for simultaneous polls by Prime Minister Narendra Modi and more recently also by President Ram Nath Kovind, the Election Commission has advised caution against implementing this ambitious plan without extensive discussions with all stakeholders. The report says that the Election Commission has told the Law Ministry: “Having regard to the federal structure of our system of governance, it is imperative that consensus of all state governments is obtained” on the issue of holding simultaneous polls to the Lok Sabha and state assemblies.

The poll panel has further noted: “In order to avoid premature dissolution, it may be provided that any ‘no-confidence motion’ moved against the government in office should also necessarily include a further ‘confidence motion’ in favour of a government to be headed by a named individual as the future PM and voting should take place for two motions together.”

It may be recalled that before his elevation as the Chief Election Commissioner, OP Rawat had indicated that the poll panel was in favour of the Prime Minister’s idea of conducting simultaneous elections for the Lok Sabha and state assemblies.

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Sharad Pawar discharged from hospital, NCP merger speculation intensifies

Sharad Pawar was discharged from Breach Candy Hospital in Mumbai on Saturday after receiving treatment for a chest and respiratory infection. His discharge comes amid renewed political discussions surrounding a possible merger of the NCP factions.

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Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was discharged from Mumbai’s Breach Candy Hospital on Saturday after undergoing treatment for a chest and respiratory infection. The 85-year-old leader returned to his residence following a three-day stay at the hospital.

Pawar had been admitted to Breach Candy Hospital earlier this week after being discharged from Pune’s Ruby Hall Clinic. He was initially admitted to the Pune facility on November 2 and discharged on November 4, following which he was shifted to Mumbai for further medical evaluation and treatment.

His hospitalisation had drawn visits from several political leaders and prominent personalities, including Congress leaders Sushilkumar Shinde and Balasaheb Thorat, NCP leader Dilip Walse-Patil, industrialist Gautam Adani and NCP leader Praful Patel.

Sharad Pawar’s hospitalisation and discharge

Pawar was receiving treatment for a chest and respiratory infection during his stay at Breach Candy Hospital. His discharge on Saturday followed the improvement in his health.

The veteran politician had initially complained of persistent cough and chest discomfort before being admitted to Ruby Hall Clinic in Pune. He was subsequently shifted to Mumbai for additional medical evaluation.

Prime Minister Narendra Modi had also spoken to Pawar over the phone to enquire about his health and advised him to take adequate rest.

NCP merger speculation gains momentum

Pawar’s discharge comes at a time when political discussions surrounding a possible merger between the Ajit Pawar-led Nationalist Congress Party and the Sharad Pawar-led NCP (SP) have gained attention.

The political buzz intensified following a meeting between senior NCP leaders and Union Home Minister Amit Shah in Delhi. The absence of NCP chief Sunetra Pawar and her son Parth Pawar from the meeting also drew attention amid reports of internal differences within the party.

NCP leader Praful Patel had also visited Sharad Pawar at Breach Candy Hospital. However, Patel had rejected speculation that their meeting involved political discussions, saying that he regularly met Pawar and Supriya Sule because of their family ties.

The possibility of bringing the two NCP factions together has therefore remained a subject of political discussion, although no confirmed merger announcement has been made.

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Abhishek Banerjee alleges BJP attack on Kolkata home, calls it 7th attempt on his life

Abhishek Banerjee alleged that BJP workers attacked his Kolkata residence around 2 am and injured TMC workers. The BJP rejected the allegation and called the incident a “drama”.

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Abhishek Banerjee

Trinamool Congress MP Abhishek Banerjee has alleged that BJP workers attacked his residence in Kolkata around 2 am on Saturday following a confrontation between workers of the two parties. The incident took place outside his Kalighat home during celebrations linked to his birthday.

Banerjee accused the BJP workers of throwing stones and bricks at his supporters and alleged that some of them were carrying revolvers. He also claimed that several TMC workers were injured in the confrontation.

According to the TMC leader, one of his colleagues, Tapas, suffered a serious injury near his thumb and would require plastic surgery. He also said another person suffered a fracture below the eye. These injury claims were made by Banerjee while speaking to the media.

Abhishek Banerjee calls it seventh attempt on his life

Banerjee said the incident was not an isolated one and claimed it was the seventh attempt on his life in the last six months.

In a post on X, he alleged that BJP workers had conducted reconnaissance around his residence before the alleged attack. He also accused the police and judiciary of failing to take action.

Banerjee referred to an earlier June 19 incident in Sonarpur, claiming that armed individuals had attempted to attack him while he was returning from Delhi. He said his workers had caught them and that a complaint was filed. 

The allegations about the latest incident followed Banerjee’s earlier claim that unidentified individuals had been monitoring his office and residence for two days. He said they identified themselves as police personnel when confronted and sought an inquiry into the alleged surveillance.

BJP rejects allegation, calls incident ‘drama’

The BJP rejected Banerjee’s allegations. Bengal BJP minister Dilip Ghosh described the incident as a “drama” and questioned the circumstances surrounding the confrontation.

Ghosh said there was no reason to believe that anyone was attempting to kill Banerjee and accused the TMC leader of using emotional rhetoric to mislead people.

The BJP’s response came after the late-night confrontation between supporters of the two parties outside Banerjee’s residence. The episode began after a shouting match around 2 am following slogans directed at Banerjee, according to the report.

Banerjee had earlier raised surveillance concerns

A day before the alleged attack, Banerjee had claimed that unidentified people were conducting surveillance of his office and residence.

He questioned why the state police would allegedly monitor the premises of an elected MP and asked who had authorised such surveillance. He said he was bringing the matter to the attention of Lok Sabha Speaker Om Birla, Kolkata Police, the Union Home Ministry and West Bengal Police.

The latest clash has intensified the political confrontation between the TMC and BJP in West Bengal, with Banerjee alleging a targeted attack and the BJP dismissing his claims.

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Pralhad Joshi accuses Rahul Gandhi of sharing cropped Amit Shah SIR clip

Pralhad Joshi accused Rahul Gandhi of sharing a cropped Amit Shah video over SIR and challenged the Congress leader to debate the issue in Parliament.

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Pralhad Joshi

Union Minister Pralhad Joshi has accused Congress leader Rahul Gandhi of sharing a cropped and out-of-context video of Home Minister Amit Shah over the Special Intensive Revision (SIR) of electoral rolls.

The latest exchange comes amid a growing political dispute between the BJP and the Opposition over SIR and allegations concerning the electoral roll revision process.

Joshi questioned Gandhi’s understanding of the issue and challenged him to take up the matter in Parliament rather than relying on selectively edited video clips.

The remarks came after Amit Shah challenged Gandhi to discuss SIR in Parliament. Shah said the government was prepared to hold a special session if the Congress leader wanted a debate on the issue.

Rahul Gandhi shares Amit Shah video

The controversy intensified after Rahul Gandhi shared a video featuring two statements by Amit Shah concerning whether SIR could be discussed in Parliament.

Gandhi used the video to question Shah’s position and urged him to persuade Prime Minister Narendra Modi to agree to an open debate on the issue.

The video highlighted what Gandhi described as differing positions on the discussion of SIR in Parliament. The Congress leader has continued to press for a debate on the electoral roll revision exercise.

Joshi challenges Gandhi over SIR

Responding to Gandhi’s position, Joshi accused him of circulating a cropped video that did not present Shah’s remarks in their complete context.

Joshi also questioned the Congress leader’s criticism of the electoral process, arguing that the party had faced defeats in Lok Sabha elections before the current SIR exercise.

The BJP has maintained that its concerns about the electoral rolls should be addressed through a discussion in Parliament. Amit Shah has separately pointed to the 2014, 2019 and 2024 Lok Sabha elections while arguing that there was no SIR during those elections and Congress still lost.

BJP-Congress clash over SIR

The dispute over SIR has become a major political flashpoint, with the Opposition raising concerns about electoral rolls and the BJP defending the revision process.

The latest confrontation follows protests by the INDIA bloc against alleged irregularities in electoral rolls and demands concerning the Election Commission. The BJP, meanwhile, has challenged the Opposition to take its arguments to Parliament.

The disagreement over the Amit Shah video is therefore part of the wider political battle between the BJP and Congress over SIR, electoral rolls and the conduct of elections.

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