Implications of 'Simultaneous Elections' in India

 

 

Implications of 'Simultaneous Elections' in India

Important for Prelims:

Part- XX Article 368, Law Commission, 10th Schedule (52nd Amendment Act, 1985), Anti-Defection Law, S.R. Bommai Case (1994), Rameshwar Prasad Case (2006), Article 356, President's Rule, Judicial Review, Election Commission of India, Representation of the People Act, 1951

Important for Mains:

GS-2: Arguments for and against holding simultaneous elections, constitutional obstacles, importance and challenges

Dec. 07, 2023

Context:

Recently, the proposal for simultaneous elections has received support in a report released by the Law Commission, which is reportedly exploring the feasibility of a common electoral roll.

  • In September, 2023, the central government had notified the formation of a six-member panel, headed by former President Ram Nath Kovind, to examine and make recommendations on holding simultaneous elections to the Lok Sabha, state assemblies and local bodies.

Objective of constituting the panel:

  • This panel is tasked with proposing specific amendments to the Constitution and any other legal changes required to conduct simultaneous elections.
  • The panel is also to give its opinion on whether the proposed amendments would require the consent of half the state legislatures, as stipulated in Article 368.
    • Part-XX Article 368 (1) of the Constitution of India provides the Parliament with the power to amend the Constitution.
    • Under Article 368, the Constitution can be amended after a special majority in the Parliament and the recommendation of half the state legislatures.
  • In this sequence, on October 25, 2023, the panel held discussions with the Law Commission to discuss the roadmap for simultaneous holding of parliamentary and assembly elections by 2029.
  • Simultaneous elections can be conducted through amendments in the Constitution, Representation of the People Act, 1951 and rules of procedure of Lok Sabha and State Assemblies.

Simultaneous elections in India:

  • In the first four general elections in the country after independence, simultaneous elections for the Lok Sabha and state assemblies were held. This was possible because the Congress was in power at both the national and state levels.
  • Following are the reasons behind the different electoral process in the country:
    • Prime Minister Indira Gandhi's populist appeal after the split of the Congress Party in 1969
    • Frequent dissolution of Assemblies and Lok Sabha before the end of their term.
  • Currently, Lok Sabha elections are held along with assembly elections in four states: Andhra Pradesh, Odisha, Arunachal Pradesh and Sikkim.
  • Since 2014, the ruling party BJP has been trying for the proposal of holding simultaneous elections. Following NITI Aayog's support in 2017, then President Ram Nath Kovind, in his address to the joint session of Parliament, had asked the parties to 'continuously debate the issue of holding simultaneous elections'.
  • The Law Commission had also released a report on August 30, 2018, examining the legal-constitutional aspects related to this proposal.
  • Prime Minister Narendra Modi reiterated the need to hold simultaneous elections in his Independence Day speech in 2019.

​ Arguments in favor of holding simultaneous elections:

The following arguments are being given in favor of holding simultaneous elections:

  • First, holding separate elections will save huge amounts of money spent by the state and central governments. In case of simultaneous elections, there will be only one voter list for all the elections and the Government will require the services of security forces and civil authorities only once. This will save public money and human resources which can be deployed in other public works.
  • Second, the dense election cycle involves prolonged deployment of security and police forces on election duty, raising concerns about national security and maintaining law and order. The administration comes under stress due to large-scale transfers of officers within the state, either by the government looking for flexible officers in key positions or by order of the ECI after the implementation of the code of conduct. High-ranking officials from other states are also deployed as observers in the election state. There is an environment of political uncertainty, with officials constantly in election mode.
  • Third, holding separate elections comes in the way of development because if the code of conduct is in force for a long time, the ongoing development work comes to a halt. No new projects can be started during this period and even ongoing projects suffer from inertia. To gain electoral gains, parties in power always indulge in populist schemes and do not commit to long-term investments in priority sectors. This happens often, which puts a burden on the government treasury.
  • Fourth, holding simultaneous elections will reduce the role of money in elections as the campaign finance of parties will be reduced. With a concerted effort at the national level, the monitoring of election expenditure by the Election Commission will also become more effective.
  • Fifth, given the increasing role of divisive politics for electoral gains, the 'One Nation-One Election' scheme will help in reducing the harmful role of regionalism, casteism and communalism in uniting voters. This will help in bringing issues of national importance to the election agenda.
  • Finally, it is argued that having too many elections creates a feeling of voter fatigue. Voter turnout at the national level has stagnated in recent elections.
  • Currently, simultaneous elections are held in the following countries: South Africa, Sweden, Britain, Germany.

​ Arguments against simultaneous elections:

  • First, the simultaneous election initiative approved by the Central Government is being considered contrary to the federal spirit as it has not been carried out through extensive consultation with the constituent states, especially those ruled by non-BJP parties.
  • Second, holding simultaneous elections will likely marginalize local and regional issues.
  • Holding simultaneous elections in federal politics will give rise to regional discontent.
  • Third, as far as cost savings are concerned, holding simultaneous elections will require large-scale procurement of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail Machines (VVPATs).
  • Additionally, biennial elections and by-elections to Legislative Councils/Rajya Sabha will still be held, which will cost money and resources.
  • Fourth, frequent elections keep voters enthusiastic rather than dampen them, as evidenced by the comparatively high percentage of voting in state and local elections. The frequency of elections at different levels also helps in increasing accountability as elected representatives and their parties remain vigilant.

Legal and Constitutional Issues:

  • Even if the proposal to hold simultaneous elections were to be adopted in principle, it would require a complex and lengthy legal process to implement.
  • First, at least five Articles in the Constitution shall need amendment.
  • These articles are Articles 83(2) and 85(2) that relate respectively to the duration and dissolution of the Lok Sabha. Also, on the legislative agenda would be Articles 172(1) and 174(2), which provide for the duration and dissolution of the State Assemblies.
  • Article 85 (1) and 174 (2) allows the President and the Governor to dissolve the Lok Sabha and Vidhan Sabha before the completion of their tenure of five years, under the circumstances mentioned in the Constitution.
  • Article 83(2) allows the tenure of the Lok Sabha to be extended for one year at a time in case of an Emergency being proclaimed under Article 352. Article 172(1) makes a similar provision for State assemblies. These provisions would need to be repealed.
  • As of now, after the passage of the anti-defection law enshrined in the 10th Schedule (52nd Amendment Act,1985) and later the Supreme Court judgment in S.R. Bommai case (1994) followed by the High Court judgment in Rameswar Prasad (2006), the decision to dissolve the Vidhan Sabha and impose President Rule under Article 356 is subject to judicial review.
  • The Court can revive the Assembly and restore the government if it does not find the grounds of the President's rule to be constitutionally valid as has happened in recent years in the case of Nagaland, Uttarakhand and Arunachal Pradesh.
  • Moreover, such amendments need not only the two-third-majority support of both Houses of Parliament but also ratification by at least half of the State Legislatures under Article 368. Currently, no party has even simple majority in Rajya Sabha while the States have different parties in power, many of which are not in favour of such amendments.
  • It would also be much more complex and difficult to link general elections with local bodies elections. This is because local government is a State subject (seventh schedule, List II) and all the State Legislatures have passed separate Panchayati Raj Acts and Municipal Acts, fixing the tenure of these bodies (five years) as per Article 243(E) and 243 (U) respectively. Since all 28 States have their own specific Acts, it would require changes in 56 sets of legal provisions.

Way forward:

  • Given the complexity of the issue, the Central Government should consider how Lok Sabha, Assembly and local elections can be held simultaneously across the country. For this the government may have to face many obstacles. Since the proposal involves Centre-State relations, judicial review of the amendment acts will be a major hurdle. Several amendments to the Constitution would be required.
  • To make the process of holding simultaneous elections successful and to form a stable government, the Central Government should conduct as many assembly elections in the country simultaneously or simultaneously with the Lok Sabha elections in the initial phase.
  • Furthermore, the central government should hold extensive discussions among regional parties and constituent states to make this a reality.

Source: The Hindu

------------------------------------

Mains Question

Discuss the challenges and its significance related to simultaneous elections in the country.