Legal Challenge Concern
Former Chief Justice U.U. Lalit expressed concerns that the current version of the Simultaneous Elections Bill would likely not survive a legal challenge in the Supreme Court.
Justice Lalit argued that curtailing the tenure of Assemblies to synchronize elections goes against the Basic Structure of the Constitution, as per the Kesavananda Bharati judgment.
The Bill’s Provisions
The Bill seeks to enable simultaneous elections to the Lok Sabha and State Assemblies.
The President will set an “appointed date” for the new electoral cycle to start, which may alter the tenure of current Assemblies.
Tenure Curtailment Issue
Justice Lalit highlighted that shortening the tenure of Assemblies could violate constitutional principles if 30-40% of their term is still remaining, labeling it as a “substantial” term.
He suggested a “staggered approach” for disbanding Assemblies in batches rather than curtailing their tenure abruptly.
Opposition Concerns
Various parties, including the JD(U) and Congress, raised objections to curtailing Assembly tenures, arguing it undermines the constitutional status of State legislatures.
Opposition members criticized the procedures followed in the committee, requesting a consolidated list of witnesses to be called.
Support for the Bill
Justice Awasthi, former Law Commission Chairperson, supported the Bill, calling it transformative and beneficial in addressing inefficiencies, policy paralysis, and high election costs.
Justice Awasthi stated that simultaneous elections could reduce election-related expenses, as Assembly and Lok Sabha elections often incur similar or even higher costs.
COMMENTS