The 23rd Law Commission has clarified to the Joint Parliamentary Committee (JPC) that Parliament holds the constitutional authority to amend the five-year term of the Lok Sabha and state assemblies to facilitate simultaneous elections. In a detailed submission ahead of its December 4 briefing, the Commission stated that the terms prescribed under Articles 83 and 172 are not fixed or unchangeable, and may be altered through a constitutional amendment to achieve larger national objectives.
The Commission emphasized that the Constitution already provides flexibility—allowing premature dissolution and extension of terms during emergencies—indicating that the five-year duration is not an unalterable feature. It argued that synchronized elections, even if they require curtailing existing terms, are aimed at ensuring stability, minimizing frequent electoral disruptions, and enhancing governance efficiency.
Rejecting criticism that the proposal weakens democracy, the Law Commission asserted that it, in fact, strengthens democratic processes by reducing repeated expenditure and administrative strain caused by staggered elections. It further stressed that the right to free, fair, and periodic elections remains intact, as the proposal only seeks to align their timing.
The Commission also clarified that the proposed amendment does not require ratification by half the states and that additional powers granted to the Election Commission are an extension of its existing mandate.
