Should Legislatures in India have Fixed Tenures?

Should Legislatures in India have Fixed Tenures?

The Constitution (129th Amendment) Bill proposes aligning State Assembly and Lok Sabha elections with fixed five-year tenures to reduce disruptions. Critics, however, raise concerns about its impact on governance, federalism, political accountability, and democratic stability.

The bill proposes that if the Lok Sabha or any State Assembly is dissolved before completing its full term, mid-term elections will be held only for the remaining duration of the five-year term.

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The Current Debate on Fixed Legislative Tenures: 

1. On Reduction of Electoral Disruptions and Governance Improvement

  • Criticism of Cost Reduction Claims:
    • The Bill’s claim of reducing election costs is not convincing. Most election expenses come from political parties, not government budgets.
    • Even if costs are saved, it is unlikely these funds would be redirected to development or infrastructure projects.
  • Impact on Political Accountability:
    • While frequent elections enhance accountability by ensuring representatives regularly engage with voters, simultaneous elections could reduce this engagement, impacting democratic participation.
  • Mid-term Elections Provision:
    • The Bill does not mandate a fixed term for legislatures but allows mid-term elections if necessary. This ensures accountability to the legislature, aligning with the parliamentary system’s principles and basic structure of the Constitution.
      • However, as the legislatures elected in mid-term polls will serve only the remainder period, the effectiveness of this provision in improving governance remains uncertain.  

Thus, while the Bill aims to reduce disruptions and improve efficiency, critics argue it may undermine accountability, and its ability to enhance governance remains uncertain.

2. On Federalism and Political Plurality

In Favor

  • Symmetry in Election Timelines: The Bill standardizes the timing of elections without making State Assemblies subordinate to Parliament. If the central government collapses mid-term, new Lok Sabha elections would be held, but subsequent elections would align all legislatures to a common date.
  • No Threat to Federalism: State Assemblies are not being “aligned with Parliament” but are integrated into a synchronized electoral system. 
    • Federalism remains intact, as State Assemblies continue to function autonomously until their scheduled election cycles.
  • Electoral Independence Maintained: The argument that simultaneous elections would lead voters to favor the same party for both the Centre and the States is unconvincing. 
    • The claim that federalism would weaken because the public would focus more on central issues than regional ones is flawed. 
    • Voters are aware of the distinction between national and state-level concerns. 
    • Historical examples, such as the 2014 Delhi elections, show that voters can distinguish between national and state-level preferences.

Against Alignment

  • Forcing State Assemblies to align with Parliament undermines their autonomy, which is central to federalism.
  • Under the current system, State Assemblies can function independently, and this Bill weakens that structure.

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3. On Discouraging Destabilization and Practices like Horse-Trading:

  • Limited Impact on Horse-Trading:
    • Recent cases of large-scale defections in Madhya Pradesh and Karnataka show systemic issues beyond election timing.
    • The Bill does not directly address mechanisms to prevent such practices, leaving this concern unresolved.
  • Challenges with Shortened Tenures:
    • If mid-term elections are required, the remaining term for the new legislature might be too short for effective governance.
    • Frequent mid-term elections, though rare, could still disrupt stability and create administrative delays.

4. On addressing  political crisis

  • The Bill allows mid-term elections to resolve political stalemates, such as hung assemblies, but the new legislature will serve a shorter term instead of five full years.
  • This approach ensures some level of accountability while managing crises.
  • Fixed terms might provide stability, but they reduce the ability to dissolve assemblies and seek fresh mandates, which has been an important tool in managing crises.             

                      

Could the German model of a constructive vote of no-confidence help resolve political stalemates?
Understanding the German Model:

  • In the German system, a constructive vote of no-confidence requires that a no-confidence motion against the government must simultaneously propose an alternative government that commands majority support. 
  • This mechanism ensures stability by preventing a government from being toppled without an immediate replacement.

Indian Model:

  • In contrast, India’s system differs in that a no-confidence motion can be passed even if no alternative government is proposed, regardless of whether a coalition is formed or not.
  • A high-level committee led by former President Ram Nath Kovind rejected the idea of adopting the German model in India, deeming it unsuitable for India’s diverse political landscape.
  • The committee cited India’s experience with political instability as a key factor, highlighting the challenges of implementing such a system. 
  • For instance, coalitions in India often come together solely for a confidence motion, and when a ruling government loses a no-confidence motion, no alternative government commands a majority in the House.

Comparing the Repealed U.K. Fixed-term Parliaments Act (FTPA) with the Indian Bill:
Key Features of the UK’s FTPA (2011–2022): 

  • The Fixed-term Parliaments Act (FTPA), in effect from 2011 to 2022, introduced a fixed five-year legislative term. 
  • Under this system, a newly elected legislature was required to serve its full five-year term, even if mid-term elections were called.

Proposed Indian Bill:

  • In contrast, the Indian Bill proposes that if the government loses the confidence of the legislative majority, mid-term elections would be held. 
  • The newly elected legislature would then serve a truncated tenure, rather than completing a full five-year term.

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Conclusion

In conclusion, while political instability at the state level is a concern, the current electoral system, despite its flaws, should be preserved. The focus should shift to addressing more urgent challenges that directly affect the people, rather than pursuing simultaneous elections.

Mains Question:

Q. While fixed legislative tenures might bring administrative stability, they could potentially undermine federal autonomy and democratic accountability. In light of the proposed 129th Amendment Bill, critically analyse the implications of simultaneous elections on India’s federal democratic structure. (15 M, 250 words)

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