What it will take to have simultaneous elections in India

What it will take to have simultaneous elections in India

Subject: Polity

Section: Elections

Context:

• The High Level Committee on One Nation, One Election headed by former President Ram Nath Kovind has recommended that elections to Lok Sabha and state Assemblies should be held at the same time.

More on news:

• The committee recommended that the  elections to local bodies (municipalities and panchayats) too should be “synchronized” so that they are held within 100 days of the simultaneous state and national elections.
• To give effect to its recommendation, the committee has suggested 15 amendments to the Constitution of India  in the form of both new provisions and changes to existing provisions to be carried out through two Constitution Amendment Bills.

About two Constitution Amendment Bills.:

• The first Bill will deal with the transition to a simultaneous election system, and the procedure for fresh elections to Lok Sabha or a state Assembly before the expiration of their stipulated five-year term.
• According to the Kovind committee, this Bill can be passed by Parliament without the requirement for consultation with state governments or ratification by state Assemblies.
• The second Bill will deal with municipal and panchayat elections, as well as the creation of a Single Electoral Roll by the Election Commission of India (ECI), with details of every voter and the seat for which they are eligible to vote.
• The Kovind committee has acknowledged that this Bill deals with subjects on which states have the primary power to enact laws — and it would, therefore, require the approval or ratification of more than half of India’s states before it can be enacted.

Transition to simultaneous polls; Parliament’s power to make laws

• The first Bill recommended by the Kovind committee would begin by inserting a new article— 82A —into the Constitution. Article 82A will establish the process by which the country will move to a system of simultaneous elections for Lok Sabha and state Assemblies.
• Article 82A(1) will state that “on the date of the first sitting of the House of the People after a general election”
• Article 82A(2) will state that “all the Legislative Assemblies constituted in any general election held after the appointed date shall come to an end on the expiry of the full term of the House of the People”.
• The proposed Article 82A(3) requires the ECI to hold “General elections to the House of the People and the Legislative Assemblies simultaneously”.
• Article 82A(4): If the ECI believes that elections to any legislative assembly cannot be conducted simultaneously, “it may make a recommendation to the President, to declare by an Order, that the election to that Legislative Assembly may be conducted at a later date”. 
• Article 82A(5) states  “the full term of the Legislative Assembly shall end on the same date as the end of the full term of the House of the People constituted in the General Election”.
• The proposed Bill also recommends amending Article 327, which gives Parliament the power to make laws relating to elections to Lok Sabha, Rajya Sabha, and state legislatures, including the preparation of electoral rolls and delimitation of constituencies.
• The Kovind committee has recommended that the power of Parliament under Article 327 should be expanded to include “conduct of simultaneous elections” as well.

When Lok Sabha or state Assembly is dissolved before ‘full term’ ends

• Lok Sabha and state Assemblies are constituted for a period of five years after each election.
• The committee has recommended that this five-year period be referred to as “the full term” by amending Sub-clause 2 of Article 83 (“Duration of Houses of Parliament”) and Sub-clause 1 of Article 172 (“Duration of the State Legislatures”).
• If Lok Sabha or a state Assembly is dissolved before the expiry of the full term, the remaining period will be referred to as the “unexpired term”.
• The recommended Articles 83(4) and 172(4) state that the Lok Sabha or state Assembly that replaces the previous one will serve only for the remaining “unexpired term” before being dissolved again once simultaneous elections are conducted as scheduled.
• These amendments are also a part of the first Constitution Amendment Bill proposed by the Kovind committee, which it says will not require ratification by states.

Amendment of certain laws relating to legislative Assemblies in Union Territories:

• The report has also recommended the amendment of certain laws relating to legislative Assemblies in Union Territories such as The Government of National Capital Territory of Delhi Act, 1991, The Government of Union Territories Act, 1963, and the Jammu and Kashmir Reorganisation Act, 2019. 

The amendment does not require States ratification:

• The elections to the House of the People and the State Legislative Assemblies are held by the Election Commission of India under the Constitution of India, The Representation of People Act, 1950, The Representation of People Act, 1951, and the rules and orders made thereunder.
• The amendments required for simultaneous elections to the House of the People and the State Legislative Assemblies do not fall under the purview of the provisions to Article 368(2) and hence, do not warrant a ratification by the States.

About Article 328:

• The Kovind panel has stated that states under Article 328 of the Constitution only have residual powers on conducting Assembly elections; the power is mainly entrusted to Parliament through Article 327.
• The article deals with Power of Legislature of a State to make provision with respect to elections to such Legislature

Simultaneous local body elections, preparation of single electoral roll

• The second Constitution Amendment Bill recommended by the Kovind committee contains amendments that would require ratification by the states.
• Under Article 368(2), any constitutional amendment that deals with subjects in the State List (where states have the power to enact laws) would have to be ratified by at least half of the state legislatures in the country before it can be passed.
• Amendments suggested in the second Bill relate to municipal and panchayat elections, which fall under Entry 5 of the State List titled “Local government” and would require ratification by the states.
• The committee has suggested the inclusion of a new Article 324A in the Constitution.
• This new article would empower Parliament to make laws to ensure that municipality and panchayat elections are held simultaneously with the General Elections (to Lok Sabha and state Assemblies).
• The Kovind committee has also recommended that new sub-clauses should be added to Article 325 of the Constitution. 
• The new Article 325(2) proposed by the committee will create a “Single Electoral Roll for every territorial constituency for election in the House of the People, Legislature of a State or to a Municipality or a Panchayat”.
• This electoral roll “shall be made by the Election Commission in consultation with the State Election Commissions”

Amendment to the Constitution:

• Article 368 of the Constitution deals with the power and procedure to amend the Constitution. 
• While several provisions can be amended by a simple majority like in passing any ordinary legislation, a special majority of not less than two-thirds of the members present and voting is required for other provisions.
• For a third category of “entrenched provisions” that impact the federal structure of the Constitution or the powers of the state Assemblies, an amendment requires to be ratified by legislatures of at least half of the states.
• Article 368(2)(d) lists the representation of states in Parliament as one of the issues that would require ratification.