‘Jamili’ file at the Law Commission


Prime Time Zone, Telangana Bureau: The Union Ministry of Justice has clarified that the Central Government has not yet taken a final decision regarding the conduct of the Jammu and Kashmir elections and the matter is currently pending before the Law Commission. Jamili clarified that an exercise would be held on roadmap preparation and framework on how to conduct elections. In a written reply on Wednesday to a question from several Lok Sabha members, Union Justice Minister Ravi Shankar Prasad said that the Parliamentary Standing Committee had made some recommendations in its 79th report and the Law Commission was looking into them.

He said the Parliamentary Standing Committee on Personnel Grievances and Law-Justice had discussed with all the states and the Central Electoral Commission on holding simultaneous elections to the Lok Sabha and state assemblies. The Minister explained that after considering all these, the Parliamentary Standing Committee had prepared a report and made some recommendations and referred to the Law Commission to prepare a roadmap and framework to make it practical.

Like back then ..

The Parliamentary Standing Committee chaired by Congress MP Sudarshan Nachiyappan submitted a report to Parliament on December 17, 2015 with some recommendations. Jamili recommended that holding elections every five years would not be possible in the near future and would be possible in an orderly fashion. At the same time, with the cooperation of political parties and the readiness of the people, Jamili said that the conduct of elections was feasible. It recalled that it was not legally possible to extend the term of the elected legislature, but that the Election Commission could hold elections six months in advance, but not disclose the results until the end of the term.

It will be conducted in two stages.

As an alternative to holding simultaneous elections, Jamili suggested that the practice could be conducted in two phases. In the run-up to the by-elections, Jamili said the term could be fixed only in view of the election year. Until 2014, the tenure of all the seven Lok Sabha had ended in the middle of the day, with the no-confidence motion likely to mean the dissolution of the House or the holding of elections. In this context, the Central Government will have to take a policy decision on the conduct of the Jammu and Kashmir elections in line with the view expressed by the Law Commission.

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