Former Solicitor General Harish Salve and former Chief Justice of Delhi High Court Ajit Prakash Shah appeared before the Joint Committee of Parliament on Monday to share their views on the proposed simultaneous elections. The two legal luminaries presented differing opinions on the matter, with Salve supporting the idea and Shah criticizing it.
Salve, who was a member of the high-level committee that recommended simultaneous elections to the Lok Sabha and state assemblies, argued that the constitutional amendments proposed by the bills are within the bounds of the Constitution. He pointed out that the amendments do not curtail voting rights and cited a report by the high-level committee, which did not find that simultaneous elections would violate the Basic Structure and federal principles of the Constitution.
On the other hand, Shah, who was a member of the high-level committee that reviewed the plan, expressed concerns about the proposals, stating that they may face legal challenges. He emphasized that the power to recommend the postponement of Assembly polls given to the Election Commission goes against the Constitution’s Basic Structure and federal principles.
Shah also questioned the claim that simultaneous elections would save public money, terming it as “misconceived.” He cited the provision given to the Election Commission to recommend the postponement of Assembly polls as an example, suggesting that the simultaneous election bills contradict the Constitution’s fundamental principles.
During the five-hour meeting, both Salve and Shah answered questions from MPs, with Salve elaborating on the bills clause by clause. The opposition members raised concerns about the impact of the bills on the Basic Structure and federalism, to which Salve responded by citing the high-level committee report.
The debate surrounding simultaneous elections has been ongoing, with proponents arguing that it will reduce election-related expenses and increase governance. Critics, however, point out that it may compromise on the independence of state governments and the integrity of the electoral process.
The high-level committee, comprising former President Ram Nath Kovind, had recommended holding simultaneous elections to the Lok Sabha and state assemblies. Salve, as a member of the committee, passionately advocated for the cause, while Shah, as a legal expert who opposed the proposal, presented his reservations. The deliberations are set to continue, with the joint committee examining the constitutionality and feasibility of the proposed bills.
Original Source: https://indianexpress.com/article/india/harish-salve-backs-simultaneous-polls-justice-shah-opposes-9891573/
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Publish Date: 2025-03-18 03:06:00
