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Niti favors law for fixed-tenure Parliament and assemblies

By IndianMandarins- 17 Apr 2018
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niti-favors-law-for-fixed-tenure-parliament-and-assembliesThe Niti Aayog has reportedly advocated legislatively-enabled "fixed tenures" for Lok Sabha and state assemblies to "sustain the electoral cycle" if simultaneous elections have to be held across the country. It has cited an Act framed by the UK to underline its point. The UK enacted the Fixed-term Parliaments Act, 2011, mandating completion of a term of Parliament before general elections are held. It represents a significant change in the stand of the Aayog on the fixed terms for Parliament and state assemblies. In a report last year, it had found little merit in the idea of fixed tenure. In a discussion paper then, it had said that a "fixed term is not proposed". Instead, it suggested tweaking the recommendations of the Election Commission of India. In its final report, however, the Aayog has recommended a fixed term. The Aayog has suggested that the term of the Lok Sabha commence on the first Monday in June in the fifth calendar year following that in which the term of the previous Lok Sabha commenced - starting June 3, 2019. Elections to the Lok Sabha, it adds, should be held in April-May of the fifth year after the commencement of the previous Lok Sabha, starting with April-May 2019. Dividing states and union territories into two groups for holding simultaneous elections, the Aayog recommended that the term of 14 states in the first group commence in April-May 2019. For the remaining 17, it can be from October-November 2021. This is in sync with the Aayog's stated stand that simultaneous elections should be ushered in by synchronizing the election cycle in two phases. The formula for fixed tenures, the report reads, can be implemented by effecting "suitable amendments in the Constitution of India and the applicable statutory framework". The effect of giving a fixed term is to ensure the stability of governments and avoid by-polls to the "extent possible". Adding a word of caution, the report says the idea of fixed tenure may "not end the possibility of a byelection altogether". To tackle such eventuality, it reiterated to adopt a "constructive vote of no confidence" along the lines of Germany.

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