Two Bills seeking to ‘implement simultaneous elections to the Lok Sabha and the State Assemblies were introduced in the Lok Sabha by the Law Minister.
About the Bill
- In September 2023, The Union government constituted a six-member panel led by former President Kovind ‘examine and make recommendations for holding simultaneous elections’.
- The two bills include The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and The Union Territories Laws (Amendment) Bill, 2024.
- The Lok Sabha has referred the Bill on Simultaneous Elections (often called “One Nation, One Election”) to a Joint Parliamentary Committee (JPC) for detailed examination.
Enroll now for UPSC Online Course
Key Features of the Constitution (129th Amendment) Bill, 2024
- Amendment of Three Articles : The Bill proposes changes to three existing articles of the Constitution:
- Amends Articles 83 (duration of Houses of Parliament),
- Article 172 (duration of state legislatures), and
- Article 327 (power of Parliament to make provisions with respect to elections to Legislatures).
- Insertion of Article 82A: A new provision (Article 82A, clauses 1-6) is introduced to enable simultaneous elections.
- Provisions of Article 82A
- Timeline for Implementation – 82A (1) : President can notify the appointed date for the changes after the first sitting of the Lok Sabha following a general election.
- Curtailed Tenures for State Assemblies – 82A (2) : Assemblies elected after the appointed date but before the Lok Sabha’s term ends will have their terms curtailed to align with the Lok Sabha’s full five-year term.
- Election Commission’s Role in Conducting Simultaneous Elections – 82A (3) : Election Commission of India (ECI) is tasked with conducting general elections for the Lok Sabha and all Legislative Assemblies simultaneously.
- Definition of Simultaneous Elections – 82A (4) : Simultaneous elections are defined as “general elections held for constituting the House of the People and all the Legislative Assemblies together.”
- Exception Clause for Assembly Elections – 82A (5) : ECI may recommend postponing a particular Assembly election if it determines simultaneous elections are not feasible.
- The President can then issue an order for those elections to be conducted separately.
- Alignment of Deferred Elections – 82A (6) : If an Assembly election is deferred, the term of that Assembly will still end with the full term of the Lok Sabha elected in the general election.
- Amendment to Article 83: Defines Unexpired Term, Mid-term and General Elections
- Article 83 : Prescribes a fixed five-year term for Lok Sabha unless dissolved earlier.
- New Clauses for Unexpired Terms : If Lok Sabha is dissolved before completing its full term, the next Lok Sabha will only serve the unexpired period of the original term.
- Example : If Lok Sabha is dissolved after 3 years and 6 months : Subsequent Lok Sabha will serve the remaining 18 months.
- The new House (formed after the mid-term election) will not be a continuation of the old one. This means that Bills pending in the House will expire as it happens even when the House has functioned for a full term.
- Amendments to Article 327: Enabling Simultaneous Elections
- Article 327 gives Parliament the authority to legislate on matters related to elections, including electoral rolls and delimitation of constituencies.
- The amendment proposes adding “conduct of simultaneous elections” to this list.
- Ensures Parliament can make provisions to align elections for both Houses of Parliament and State Legislatures.
- Changes to Article 172 (Duration of State Legislatures): Similar to Lok Sabha, state Assemblies’ terms will also align with the “unexpired term” provision.
- If a state Assembly is dissolved before its full term, elections will be conducted for the remaining term of the dissolved Assembly.
About Union Territories Laws (Amendment) Bill, 2024
- Purpose: Align Union Territories with the framework for simultaneous elections.
- Reason: Union Territories are governed under a separate constitutional scheme that is different from states.
- Proposed Amendments
- Government of Union Territories Act, 1963: Adjustments to enable synchronized elections in Union Territories.
- Government of the National Capital Territory of Delhi Act, 1991: Similar changes for Delhi.
- Jammu and Kashmir Reorganisation Act, 2019: Amendments to include Jammu and Kashmir within the simultaneous election framework.
About “One Nation, One Election”
- Holding elections to Lok Sabha, all the state assemblies, and local bodies – municipalities and panchayats, together.
- Simultaneous Elections in the Past were the first four general elections of India.
- However, this synchronization was disrupted after 1967 due to premature dissolutions of some state assemblies and the Lok Sabha.
- Countries where simultaneous elections are conducted : South Africa, Sweden , Germany, Britain.
Check Out UPSC NCERT Textbooks From PW Store
Significance of ‘One Nation, One Election’
- Cost Efficiency: Simultaneous elections can significantly enhance cost efficiency by reducing election expenses for both the government and political parties.
- Reduced Voter fatigue: Voter fatigue is a cause of voter abstention which results from the electorates of representative democracies being asked to vote often, on too many issues or without easy access to relevant information.
- Policy Continuity: Simultaneous elections can enhance policy continuity by minimising the influence of frequent election cycles, enabling governments to prioritise long-term planning and implementation over short-term political strategies.
- Model Code of Conduct (MCC) Impact: By reducing the number of election cycles, the MCC’s impact on governance can be minimised, allowing for more continuous and effective policy implementation.
- Reduced Black Money: Fewer elections can reduce the circulation of unaccounted money used in campaigns.
- Public Services: Prevents disruption in public services due to frequent deployment of government staff for election duties.
- National Unity: Promotes national over regional perspectives in the electoral process.
Challenges of implementing Simultaneous Elections
- Constitutional Amendments: Implementing One Nation One Election requires changes to several constitutional provisions like Article 85, Article 356, and others.
- It will lead to alteration of the Basic Structure of the Constitution. Eg. it will affect the Federal character of the Constitution.
- Logistical Challenges: Organizing elections simultaneously across the country presents significant logistical hurdles, such as coordinating security forces, organising Electronic Voting Machines (EVM’s) on a large scale.
- Against Federalism: It could weaken India’s federal structure, as state-specific issues might be overshadowed by national concerns.
- Simultaneous Elections have the tendency of moving the country towards a unitary state rather than a federal one that the Constitution envisages.
- Regional Issues may take backseat: The blending of national and regional issues in simultaneous elections could overshadow local concerns, shift priorities, and create an imbalance, potentially giving national parties an undue advantage over regional ones.
- Voting Behaviour: Evidence shows that voters often tend to vote for the same party for both State and Central governments when voters are required to cast their ballots for both the State and Central governments simultaneously, at the same polling booth, and on the same day.
- Feasibility: Concerns arise over the feasibility of conducting elections across all state governments if a coalition central government collapses.
| Recommendations of Various Committees on Simultaneous Elections |
| Committee |
Recommendations |
| Law Commission Report (1999) |
Suggested simultaneous elections to reduce election-related expenditure and ensure stability in governance. |
| The Parliamentary Standing Committee (2015) |
Called for a detailed discussion and consensus on the concept of one nation, one election, citing concerns over potential constitutional and practical challenges. |
| The Niti Aayog Draft Report (2016) |
Supported the idea, recommending that all elections be held simultaneously to reduce the election cycle burden on the economy and administration. |
| The Election Commission (2018) |
Stated that simultaneous elections could be beneficial, but highlighted constitutional hurdles and logistical challenges that need resolution. |
Way Forward
- Align Election Cycles: It is necessary to schedule legislative assembly elections to coincide with Lok Sabha elections for terms ending within six months to one year before or after, to create a synchronised electoral cycle.
- Increase Political Transparency: Bring political parties under the Right to Information (RTI) Act to enhance transparency, accountability, and democratic processes within parties.
- Ensure Free and Fair Elections: Strengthen the Election Commission’s regulatory role and monitoring capabilities to oversee poll expenditure and ensure the integrity of elections at all levels.
- Implement Electronic Voter ID Cards: Utilise IT-enabled tools like electronic voter ID cards to eliminate bogus entries from electoral rolls, improving the accuracy and integrity of voter registration.
- Consider State Funding of Elections: There is a need to explore the state funding options to reduce the influence of money in politics and create a more level playing field for all candidates.
Enroll now for UPSC Online Classes
Conclusion
While the concept of simultaneous elections offers several benefits like cost savings and governance stability, it also raises significant constitutional, logistical, and political challenges. The referral of the Bill to the JPC is a critical step toward addressing these complexities, ensuring that any decision balances the goals of efficiency and democratic principles.
December 20, 2024
