Law Commission Backs Parliament’s Power to Alter Legislature Terms

The Law Commission has informed the Joint Parliamentary Committee (JPC) that Parliament holds clear constitutional authority to amend the five-year term of the Lok Sabha and state assemblies to facilitate simultaneous elections. The submission provides crucial legal backing to the proposed ‘One Nation, One Election’ Bills ahead of the Commission’s scheduled briefing.

Parliament’s Constitutional Authority

The Commission stated that the duration under Articles 83 and 172 is not rigid. It emphasised that while ordinary legislation cannot alter legislative terms, a constitutional amendment can. The Commission reiterated that the Constitution’s design allows Parliament to modify prescribed terms when required for broader public interest.

Flexibility Within Constitutional Framework

Highlighting existing provisions, the Commission pointed out that premature dissolution and extensions during a national emergency prove that fixed terms are not unchangeable. These mechanisms, it argued, show inherent constitutional flexibility in managing legislative tenures in line with national needs.

Public Interest and Synchronised Elections

The Law Commission asserted that simultaneous elections would enhance governance stability, reduce continuous electoral expenditure, and minimise administrative disruption. It argued that term adjustments aimed at synchronisation would ultimately strengthen democratic functioning by allowing governments to focus on long-term policy.

Exam Oriented Facts

• Articles 83 and 172 prescribe the five-year terms of Parliament and state assemblies.
• Article 368 permits constitutional amendments without mandatory state ratification unless specific federal provisions are affected.
• Midterm dissolution and emergency extensions demonstrate constitutional flexibility in legislative duration.
• The Election Commission manages conduct of elections under Article 324.

Position on State Ratification and Election Commission Powers

The Commission clarified that the proposed amendments do not fall under the category requiring approval from half the states under Article 368(2). It added that the enhanced role of the Election Commission aligns with its existing constitutional mandate and does not amount to excessive delegation.