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

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8 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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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

Published

19 hours ago

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July 26, 2026

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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Centre ready for NEET debate in Parliament, Rahul Gandhi’s paper leak claims to be investigated: JP Nadda

Union Health Minister JP Nadda said the government is prepared for a detailed Parliament debate on the NEET paper leak issue and will investigate Rahul Gandhi’s allegations of multiple paper leaks over the last decade.

Published

4 days ago

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July 22, 2026

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JP-Nadda

The Centre has reiterated its willingness to hold a detailed discussion on the NEET paper leak issue in Parliament, with Union Health Minister JP Nadda saying the government is prepared for a debate of any duration. He also said Leader of the Opposition Rahul Gandhi’s allegations of around 152 examination paper leaks over the past 10 years would be investigated.

Government open to debate of any duration

Speaking to the media on Wednesday, JP Nadda said the government has consistently supported a discussion on the paper leak issue in Parliament. He stated that the Opposition could decide the duration of the debate through the Business Advisory Committee, whether it is a short discussion or one extending to 12 or even 18 hours.

Nadda, who is also the Leader of the House in the Rajya Sabha, said the government remains fully prepared for a comprehensive discussion and urged the Opposition not to shift its position on the issue.

Rahul Gandhi’s paper leak allegations to be examined

Responding to Rahul Gandhi’s recent presentation, Nadda said the Congress leader referred to nearly 150 paper leak incidents over the last decade. He described those claims as a matter that requires investigation and said the government would examine the allegations before presenting the facts to the public.

According to Nadda, a responsible government is committed to verifying such claims and ensuring that the truth is established through due investigation.

Calls for a united approach on NEET issue

Highlighting the significance of the matter, Nadda said the future of students should remain the top priority for both the government and the Opposition. He appealed to political parties to work together in finding a long-term solution to prevent examination irregularities.

He added that safeguarding the interests of students is a shared responsibility and called for constructive cooperation instead of political differences.

Nadda on meeting with CJP representatives

The Union Minister also spoke about his recent interaction with representatives of the Cockroach Janata Party (CJP). He said the meeting was held in a cordial atmosphere, during which the government listened to their concerns and asked them to submit their suggestions in writing.

Nadda said the government remains open to further discussions whenever required and clarified that no meeting with the group was held on Wednesday.

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Opposition demands Dharmendra Pradhan’s resignation before NEET discussion in Parliament

The Opposition has demanded Union Education Minister Dharmendra Pradhan’s resignation before any discussion on the NEET paper leak in Parliament, while the Centre says it is fully prepared for a debate.

Published

4 days ago

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July 22, 2026

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The political deadlock over the NEET paper leak issue continued in Parliament on Wednesday, with Opposition parties demanding the resignation of Union Education Minister Dharmendra Pradhan before any discussion takes place. The Centre, however, maintained that it is fully prepared to debate the matter during the ongoing Monsoon Session.

Leading the Opposition in the Rajya Sabha, Congress president Mallikarjun Kharge said there could be no fair discussion on the NEET issue unless Dharmendra Pradhan resigned from his post.

Centre rejects Opposition’s condition

Responding to the Opposition’s demand, Leader of the House JP Nadda said the government was not avoiding a discussion and remained open to debating all issues, including the alleged NEET paper leak.

He said the government had already made its position clear and described it as transparent, adding that it was willing to discuss every matter raised by the Opposition.

Parliamentary Affairs Minister Kiren Rijiju also reiterated that the Centre had been ready for discussions since the beginning of the Monsoon Session. He said the government had consistently conveyed its willingness to debate the NEET issue and other important matters.

Rijiju added that if the Opposition was looking for reasons to avoid a discussion, it would not be appropriate. According to him, the procedure and timing of the debate would be decided after consultations among all parties under the Chair’s guidance.

Opposition maintains resignation demand

The government also informed the House that its willingness to discuss the issue had been communicated to Congress leaders and representatives of other political parties.

Samajwadi Party chief Akhilesh Yadav echoed the Opposition’s stand, saying students were seeking the resignation of the Education Minister before any discussion. He asserted that the resignation should come first, followed by parliamentary debate on the issue.

Akhilesh Yadav also joined Rahul Gandhi and other Opposition MPs during a march towards the Prime Minister’s residence in New Delhi on Tuesday as part of the protest over the NEET controversy.

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