January 24th 2023
New Delhi: The Law Commission has sought fresh views from various stakeholders, including political parties and the Election Commission, on simultaneous elections on six questions flagged by the previous panel in its draft report on the politically sensitive subject. The 22nd Law Commission had brought out a public notice last month seeking views of stakeholders.
Referring to the draft report on simultaneous polls of the 21st Law Panel, the 22nd commission said it has decided to ‘again seek the opinion’ of stakeholders on the six questions put forth by the 21st Law Commission in its draft report.
“Will holding simultaneous elections, by any means tinker with the democracy, basic structure of the Constitution or the federal polity of the country?” the Law Commission has asked.
The suggestions given by various committees and commissions to deal with the situation of hung Parliament or Assembly, where no political party has majority to form a government, propose that the prime minister or chief minister may be appointed or selected in the same manner as a speaker of the House or assembly is elected.
“Will it be possible? If so, will it be in consonance and in conformity with the Tenth Schedule (disqualification) to the Constitution?” the Law Panel asked.
It has also sought to know that will such an appointment or selection of the prime minister or chief minister by consensus among political parties or their elected members require amendment to Tenth Schedule to the Constitution, and if so, to what extent.
“After detailed discussions, the panel (21st Law Commission) has come to the conclusion that holding simultaneous elections would be ideal as well as desirable, but a workable formula is required to be provided in the Constitution. What other Articles of the Constitution may require amendment(s)/insertion of new clauses or Articles, other than those discussed in the draft report?” the commission has asked.
The Law Commission has also asked that to hold simultaneous elections, are there any other issues apart from those discussed in the draft report that would require elaborate study. It has also asked stakeholders whether any of the suggestions or recommendations made in the draft report of the 21st Law Commission violate the constitutional scheme.
(Source : https://www.orissapost.com)