Law Commission Backs Parliament’s Power to Modify Legislative Terms for Simultaneous Polls

Law Commission Endorses Parliament’s Power to Change Legislature Terms for Synchronised Elections

In a significant development for the ‘One Nation, One Election’ proposal, the Law Commission has informed the Joint Parliamentary Committee (JPC) that Parliament is constitutionally empowered to alter the tenure of the Lok Sabha and state assemblies , provided the change is enacted through a constitutional amendment. This opinion forms a key legal foundation for the government’s push to hold simultaneous elections across the country.

Scope for Amendments Under Constitutional Framework

The Commission highlighted that Articles 83 and 172 , which currently prescribe five-year terms for legislatures, are not immutable . While an ordinary law cannot change these durations, such a move is possible through a formal amendment under Article 368 . The Commission stated that the framers of the Constitution designed governance structures with built-in flexibility , allowing term modification when required in the national interest.

Instances such as mid-term dissolutions and extensions of parliamentary tenure during emergencies already reflect constitutional elasticity. These provisions, the Commission noted, prove that legislative duration is not an inflexible constant.

Support for Simultaneous Polls

The Law Commission also reiterated the governance benefits of synchronising elections—streamlined administrative functioning, reduced financial burden, and fewer policy disruptions due to frequent polling. It argued that aligning terms to one electoral cycle could shift governmental focus toward long-term development rather than constant electoral management.

The panel additionally clarified that state ratification may not be required , as the proposed changes do not directly alter federal power distribution. It further observed that expanding the Election Commission’s role in conducting concurrent polls falls well within its constitutional mandate under Article 324 .

Exam Oriented Facts

• Articles 83 & 172 fix five-year tenures for Parliament and state assemblies.

• Tenure changes require a constitutional amendment under Article 368 .

• Emergency extensions & mid-term dissolutions demonstrate flexibility in tenure .

• Election Commission’s authority to conduct polls arises from Article 324 .