Tenure of Lok Sabha and State Assemblies
Context:
In a written submission to the Joint Parliamentary Committee (JPC) examining the Bills on simultaneous elections, the Union Law Ministry defended the proposal to synchronise elections.
The Ministry asserted that curtailing the tenure of a government to align election cycles does not violate the basic structure of the Constitution or its federal framework.
Constitutional Provisions on Tenure of Lok Sabha and State Assemblies:
Article 83(1) specifies that the Lok Sabha (House of the People) shall not continue for more than five years from the first meeting of the House, unless dissolved earlier.
Article 83(2) allows for an extension of the term of the Lok Sabha in the case of an Emergency. This extension can be for a period not exceeding one year at a time.
Article 172 states that State Legislative Assemblies (Vidhan Sabhas) have a five-year tenure, beginning from the date of their first meeting, unless they are dissolved earlier.
Article 172(1) states that no State Legislative Assembly can function for more than five years without fresh elections unless it is dissolved earlier.
Historical Precedent and Amenability
42nd Amendment (1976): During the Emergency, the tenure of legislatures was extended from five to six years.
44th Amendment: The tenure was subsequently restored to five years.
Basic Structure
The Ministry maintained that the proposed legislation does not erode the separation of powers or federalism which are part of the basic structure doctrine (Kesavananda Bharati judgment).
Law Ministry views on Tenure of Lok Sabha and state assemblies:
The Ministry argued that the phrase unless sooner dissolved indicates that the five-year tenure is not absolute or sacrosanct.
It was deliberately drafted to allow for premature dissolution under specific circumstances.
The Ministry contended that since the tenure has been amended in the past (both extended and restored), a one-time curtailment to synchronise elections is constitutionally permissible and does not violate the basic structure.
Right to Vote:
It clarified that the right to vote and contest elections (Article 326) is a constitutional/legal right, not a fundamental right.
Therefore, mid-term elections or tenure adjustments do not limit the plenary power of the electorate.