Law Commission favours simultaneous elections

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Law Commission favours simultaneous elections

What has happened?

A draft white paper released by the Law Commission of India on Tuesday recommends holding of simultaneous elections to the Lok Sabha and the Assemblies, possibly in 2019

Open to suggestions

  • White paper would be circulated to “constitutional experts, academia, political parties, bureaucrats, students, etc.”
  • The commission, headed by former Supreme Court judge Justice B.S. Chauhan, says opinions and suggestions should come in by May 8, 2018

Key recommendations

  • Amending the constitution: Simultaneous elections may be restored in the nation by amending the Constitution, Representation of the People Act of 1951 and the Rules of Procedure of the Lok Sabha and Assemblies
  • Phased election
    • In 2019, the election could be held in phases
    • In the first phase, it says, elections to the legislatures which are scheduled to go for polls synchronous with the Lok Sabha in 2019 could be held together
    • The rest of the States could go to elections in proximity with the Lok Sabha elections of 2024
  • Relaxation of defection laws

Relaxation of the “rigours” of the anti-defection law in the Tenth Schedule to prevent a stalemate in the Lok Sabha or Assemblies in case of a hung Parliament or Assembly

  • Mid-term elections

In case of mid-term elections, the new Lok Sabha or Assembly would only serve the remainder of the term of the previous Lok Sabha/Assembly and not a fresh term of five years

  • Prime Minister/Chief Minister should be “elected” to lead by the full House like the Lok Sabha Speaker
  • The parties which introduce the no-confidence motion should simultaneously give a suggestion for an alternative government.
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