Sources said the Congress highlighted the non-feasibility of holding simultaneous polls, citing constitutional grounds. (Express Photo/Used for representational purpose)
The Congress has told the Law Commission that the proposal of holding Lok Sabha and Assembly elections together is “unconstitutional and impractical”. The party joins nine other regional parties, invited by the Law Commission, who have opposed the view. On Friday, a Congress delegation led by senior leaders Mallikarjun Kharge, P Chidambaram, Kapil Sibal, Abhishek Manu Singhvi, Anand Sharma and J D Selam met the Law Commission headed by Justice B S Chauhan.
“The provisions of the Constitution of India… read with provisions of the Representation of People Acts (1950 and 1951) will make it abundantly clear that the exercise that you intend to undertake is unconstitutional, undemocratic and forbidden by law,” the Congress conveyed to the Law Commission.
Sources said the Congress highlighted the non-feasibility of holding simultaneous polls, citing constitutional grounds. It conveyed that if a party loses the confidence of Lok Sabha or Assembly and no other alternative is able to form a new government, fresh elections have to be held in these circumstances. The party cited instances of 1979, 1990, 1998 and 1999.
“The council of ministers shall be collectively responsible to the Lok Sabha or state Assembly as the case may be. If the council of ministers loses the confidence of the house, it is obliged to resign. Suppose no other person or party or combination of parties is able to command the support of the majority of the house, the only course open under the Constitution is to call a fresh election. Such an election cannot be deferred to be held simultaneously with another election that may be due, say, after 3 or 4years…” the Congress told the Law Commission.