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Law Commission says simultaneous polls better, but idea needs to be debated further

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7 years ago

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Law Commission says simultaneous polls better, but idea needs to be debated further

Putting out a draft report on feasibility of holding simultaneous polls to Lok Sabha and state assemblies a day before the end of his term as chairman of the Law Commission, Justice (Retd) BS Chauhan called for “wider consultation with the public and Constitutional experts” on the “serious issue”.

“Our term is getting over on Friday. There was no time to finalise it. This is a serious issue, and needs wider consultation with the public and Constitutional experts. But we did not want our work and research on it wasted. We are leaving it for a future Law Commission to ponder upon,” said Justice Chauhan.

The panel’s draft report on the contentious issue – a priority agenda of Prime Minister Narendra Modi and his party, the BJP – practically endorses their view, but also leaves the issue open for further debate, and possibly another round of consultation by the next Law Commission.

While Justice Chauhan told a leading newspaper that he was submitting the report endorsing simultaneous polls with a public appeal to “have further discussions and examination on the matter, involving all the stakeholders” before making final recommendations to the government, his report recommends, as a first option, that elections to 12 state assemblies and one Union Territory can be synchronised with the 2019 Lok Sabha elections.

These 12 assemblies are of the states of Madhya Pradesh, Rajasthan, Chhattisgarh, Mizoram (elections are due in these states in December), Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim, Telangana (where polls anyway coincide with Lok Sabha elections), Haryana, Jharkhand, Maharashtra and the NCT of Delhi (due for polls in the months following the general election).

Earlier this month, Shah had, in an 8-page submission to the Law Commission, lobbied for synchronising the assembly polls in these 12 States with the 2019 Lok Sabha election.

However, the law panel has also said that the intention of its report is to “intention to initiate a healthy and sustainable debate on the issue” of simultaneous polls, which it underscores are “not possible within the existing framework of the Constitution”.

Though endorsing “holding of simultaneous polls”, the law panel has also underlined that for doing so “certain inevitable Constitutional amendments” are needed. Its report states: “The Commission has ensured that the amendments to the Constitution and other statutes are kept to the barest minimum,” but also raises a critical question – whether conducting simultaneous elections would “tinker with democracy, basic structure of the Constitution or the federal polity of the country”

“Most of the participants in the consultations raised the issue that holding simultaneous elections will adversely affect the above three concepts. However, none could explain as to how and in what manner these principles would be violated…,” the panel said.

The report raises several questions that need to be resolved before a final decision on simultaneous polls.

These include questions on the appointment of the Prime Minister or Chief Minister in the event of a hung Parliament or assembly and whether in such an event the appointment can be done in a manner in which a Speaker is chosen. The report goes on to ask if that would violate the anti-defection law. The panel then asks if the anti-defection law will need to be amended if this appointment process were to be adopted.

The report echoes the Prime Minister’s views on conducting simultaneous assembly and Lok Sabha polls, stating that the exercise will save public money, help reduce the burden on the administrative set-up and security forces, ensure better implementation of government policies, and the administrative machinery will be continuously engaged in developmental activities rather than in electioneering.

It recommends amendments to Article 172 of the Constitution (term of state assemblies).

While advising synchronizing assembly polls for 12 states with the Lok Sabha election as a pilot for the exercise, the panel also states that in the remaining 16 States and one union territory, holding simultaneous elections is “impracticable”.

It says elections to these states could be synchronized for 2021, “which will be approximately midway of the term of the House of the People, assuming that the term of the 17th Lok Sabha begins in mid of 2019. In such a scenario, the maximum period by which any State Assembly is to be extended will be by thirteen months (in the case of Bihar) and the maximum period of curtailment is seventeen months (in the case of Karnataka).”

As a second option, the Law Commission suggests holding elections twice, i.e., in two batches, in a 5-year period: “The elections to twelve State Legislative Assemblies and one Union Territory (with Legislature), are synchronised along with the elections to the House of the People in 2019 and the remaining sixteen State Legislative Assemblies and one Union Territory (with Legislature) by the end of 2021, the elections will stand synchronised in such a manner that they are held only twice in five years, repeating the cycle of the elections to the House of the People and thirteen States (including one Union Territory with Legislature) in mid-2024 and elections to seventeen States (including one Union Territory with Legislature) by the end of 2026. This will result in elections only twice in a period of five years.”

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Rahul Gandhi attacks Centre ahead of Vladimir Putin’s India visit

Rahul Gandhi alleged that the government discourages visiting foreign dignitaries from meeting Opposition leaders, calling it a sign of “insecurity,” hours before Russian President Vladimir Putin arrives in Delhi.

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1 day ago

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December 4, 2025

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Rahul Gandhi

As Russian President Vladimir Putin arrives in Delhi today for the India-Russia Annual Summit, Leader of the Opposition Rahul Gandhi has renewed his charge that the Centre discourages visiting foreign leaders from meeting Opposition representatives. He called it a sign of “insecurity” within the government.

Rahul Gandhi alleges break in long-followed tradition

Speaking outside Parliament, Rahul Gandhi said that it has traditionally been the norm for visiting foreign leaders to meet the Leader of the Opposition, a practice he claims continued during the tenures of Atal Bihari Vajpayee and Manmohan Singh.

He alleged that the present government advises foreign dignitaries against such meetings. “When foreign leaders come, the government suggests they should not meet the Leader of the Opposition. This is their policy,” Gandhi said. He added that a meeting with the Opposition offers visiting leaders a broader perspective, as “we too represent India.”

Gandhi further stated that this approach reflects the government’s reluctance to allow engagement between the Opposition and foreign guests.

Former Foreign Secretary counters Gandhi’s remarks

Responding to Gandhi’s allegations, former Foreign Secretary and Rajya Sabha MP Harsh Vardhan Shringla said visiting leaders operate on very tight schedules and there is no protocol mandating a meeting with the Leader of the Opposition. He stressed that such interactions depend entirely on the guest’s time and preference, noting that the required meetings are those with the President and the Prime Minister.

Putin’s schedule packed with bilateral engagements

Russian President Vladimir Putin is set to land in Delhi this evening on Prime Minister Narendra Modi’s invitation. His itinerary includes:

  • A private dinner with PM Modi
  • Visit to Mahatma Gandhi’s memorial at Raj Ghat
  • Engagements at Bharat Mandapam and Hyderabad House
  • A banquet hosted by President Droupadi Murmu

The visit forms part of the 23rd India-Russia Annual Summit.

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TMC MLA Humayun Kabir suspended after Babri Mosque replica proposal sparks row

TMC suspended MLA Humayun Kabir after he proposed building a Babri mosque replica in Murshidabad, a move that drew criticism from the party and sparked political tension.

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1 day ago

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December 4, 2025

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Trinamool Congress on Thursday suspended MLA Humayun Kabir after he publicly announced plans to construct a replica of the Babri Masjid in West Bengal’s Murshidabad district. Party leaders said Kabir had earlier been cautioned for making such statements but continued to push ahead with the controversial proposal.

Kolkata Mayor Firhad Hakim said the MLA’s remarks were unacceptable, stressing that the party stood firmly by its secular stance. “We noticed that one of our MLAs suddenly declared he would build the Babri masjid. We had warned him before. As per the party’s decision, we are suspending him,” he said.

Kabir vows to continue project, may form new party

Kabir had planned to lay the foundation stone for the mosque replica in Beldanga on December 6. Sources indicated he is likely to resign from Trinamool on Friday and float a new party while continuing with the project.

The choice of date and nature of the project drew sharp criticism from the Trinamool leadership. Hakim alleged the move reflected a “divisional politics” strategy aligned with the BJP. “Why December 6? He could build a school or college. This is divisional politics,” he said.

Sources also said Chief Minister Mamata Banerjee was “hugely annoyed” by Kabir’s remarks and informed him that the party would not support or associate with such activities.

Governor raises concerns, administration on alert

West Bengal Governor Ananda Bose questioned why action was not being taken if the MLA’s statements risked creating a law-and-order issue. He said intelligence inputs suggested attempts to turn Murshidabad into a “hub of scandal,” adding that authorities would not remain silent if communal tensions were provoked.

Officials confirmed that while Kabir has permission to hold the December 6 event, the administration is maintaining a high-level alert in Murshidabad.

Minutes after his suspension, Kabir withdrew from Mamata Banerjee’s rally in the India–Bangladesh border district, where she was protesting against the Special Intensive Revision (SIR) of voter lists.

BJP attacks Kabir over remarks

BJP spokesperson Pratul Shah Deo condemned Kabir’s comments, claiming they were intended to “create communal tensions.” He said any attempt to raise structures linked to historical rulers would trigger disputes similar to the Babri Masjid conflict.

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Karnataka Power Shift: What Siddaramaiah–DK Shivakumar compromise formula means

A closer look at the emerging ‘compromise formula’ between Karnataka’s top leaders Siddaramaiah and DK Shivakumar, and how it may shape the state’s political future.

Published

6 days ago

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November 29, 2025

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A possible settlement between Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar has emerged, signalling a calmer phase in the leadership tussle within the state Congress. While the final decision rests with the party leadership in Delhi, details of the so-called “compromise formula” are gradually becoming clearer.

Breakfast diplomacy calms tensions

After weeks of speculation over friction between the two top leaders, Siddaramaiah and Shivakumar met over breakfast today. The meeting, aimed at projecting unity, served as a symbolic reset after their strained ties over the chief ministership question.

Analysts believe the optics were crucial — the Congress successfully avoided a public showdown by diffusing tensions before they escalated further.

A transition of power likely, say analysts

According to political observers, the compromise indicates a strong possibility of Shivakumar taking over as Chief Minister in a smooth transition, potentially as early as March–April 2026.
For now, sources say the arrangement requires Shivakumar to continue as Deputy Chief Minister without pushing for immediate change.

In return, the formula reportedly includes more cabinet positions for leaders loyal to Shivakumar and continuation of his role as the state Congress chief. Siddaramaiah is also expected to back Shivakumar as the party’s face for the 2028 Assembly election.

Why the Congress prefers this route

Replacing Siddaramaiah abruptly would not only upset internal balance but could also weaken the party, given his stature and mass appeal. Shivakumar, despite his influence, does not have the numbers within the legislature to force a takeover, making compromise the most viable path.

Siddaramaiah has already stated that this will be his final term as Chief Minister. With his legacy secure and his position as one of Karnataka’s tallest leaders intact, he appears willing to enable a dignified transition when the time comes.

Variables that could shape the final outcome

The success of the formula depends on three key factors:

1. Trust between the two leaders

Whether Shivakumar believes Siddaramaiah will keep his word remains uncertain. Karnataka’s political history is full of last-minute shifts, giving rise to the phrase “natak in Karnataka”.

2. Decision-making by the Congress high command

Delhi’s leadership must ensure the transition happens on time and without internal resistance, especially in the run-up to the 2028 Assembly polls.

3. Caste equations and political alignment

Siddaramaiah is the strongest face of the AHINDA bloc, while Shivakumar represents the OBC Vokkaliga community. The Congress cannot afford to alienate either group, making the timing and execution of any transition extremely delicate.

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