The High-Level Committee (HLC) on ‘’One Nation, One Election,” headed by former President Ram Nath Kovind, submitted its report on the feasibility of conducting simultaneous polls to President Droupadi Murmu on March 14. The 18,626-page report contains 11 chapters along with annexures and has been prepared after extensive consultations with stakeholders and experts over a period of 191 days.
The panel unanimously recommended simultaneous elections for Lok Sabha and State Assemblies as the first step followed by synchronised local body polls within 100 days, highlighting that such a mechanism will augment development and social cohesion and deepen the “foundations of the democratic rubric.”
Set up on September 2, 2023, the panel included Union Home Minister Amit Shah, former Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad, former Chairperson of the 15th Finance Commission NK Singh, former Lok Sabha Secretary General Subhash C Kashyap, senior advocate Harish Salve, and former Chief Vigilance Commissioner Sanjay Kothari. Union Minister of Law and Justice Arjun Ram Meghwal was a “special invitee.”
Leader of the Congress in Lok Sabha Adhir Ranjan Chowdhury however declined to be a part of the panel, calling the exercise a “total eyewash” since the panel was in favour of recommending simultaneous polls even before the start of the consultation process.
The 22nd Law Commission headed by Justice (retired) Ritu Raj Awasthi is also likely to back simultaneous polls and suggest tentative timelines for the 2024 and 2029 election cycles. It is slated to submit its final report to the Law Ministry soon.
What is meant by simulatneous polls?
The idea of simultaneous polls aims to synchronise the timing of Lok Sabha and State Assembly elections across all States to reduce the frequency of polls throughout the country. During the first four general election cycles of 1952, 1957, 1962 and 1967, the elections to the Lok Sabha and State Legislative Assemblies were held simultaneously. This practice was first dissolved in 1959 after the Union government invoked Article 356 (failure of constitutional machinery) of the Constitution to dismiss the then-Kerala government. Subsequently, due to the premature dissolution of the Lok Sabha and Legislative Assemblies on various occasions owing to defections and counter-defections between parties, the elections to the Lok Sabha and various state Assemblies came to be conducted at different times. At present, only four states hold simultaneous elections with the Lok Sabha — Andhra Pradesh, Odisha, Arunachal Pradesh, and Sikkim.
The proponents of such a proposal argue that simultaneous polls will reduce expenses associated with holding elections. It is reported that the 2014 general elections cost the public exchequer an estimated ₹3,870 crore. It has also been pointed out that the Model Code of Conduct currently comes into effect twice in a five-year election cycle resulting in prolonged “governance downtime”.
However, opponents contend that this is likely to favour larger political parties with a national presence while disproportionately affecting smaller regional parties. A 2015 study by the independent think tank IDFC Institute revealed that between 1999 and 2014, there was a “77% chance that the winning political party or alliance will win both the Lok Sabha and Assembly elections in that state when held simultaneously.” This figure drops to 61% if the elections are held even six months apart.
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Here are the key recommendations of the panel.
Need for alleviating “huge burden” on stakeholders
Emphasising the need to restore the cycle of simultaneous elections, the panel pointed out that conducting several elections every year casts a “huge burden” on stakeholders such as the government, businesses, workers, courts, political parties, candidates contesting elections, and the civil society at large. Accordingly, it said that the government must develop a “legally tenable mechanism” to ensure that elections to the Lok Sabha, State Assemblies and local bodies can be held simultaneously by 2029. It also maintained that simultaneous polls do not infringe upon the fundamental rights of the citizens or the basic structure of the Constitution.
Synchronisation of polls and truncation of State assemblies’ terms
The committee has suggested a two-step process for making simultaneous polls a reality. First, it recommended holding simultaneous elections for the Lok Sabha and State Legislative Assemblies. Second, it proposed synchronising the elections for municipalities and panchayats with the general (simultaneous Lok Sabha and Assembly) elections in a manner that ensures that the former is conducted within 100 days of the latter.
Thereafter, the President will have to issue a notification on the same date as the date of the first sitting of the Lok Sabha designating it as the “appointed date” for the synchronisation of elections. Once such a date is fixed, the terms of all State Assemblies constituted after it shall end with the expiry of the Lok Sabha’s term. This will result in most State governments being unable to complete their stipulated five-year term even if they enjoy a majority.
If the new government elected after the 2024 Lok Sabha polls accepts these recommendations and immediately initiates the process, the first simultaneous polls could be held as early as 2029. During this transition period, all States with elections due between June 2024 and May 2029 would see their terms expire alongside the 18th Lok Sabha. Consequently, some State Assemblies would have terms of less than five years as a one-time measure to facilitate this synchronisation.
Constitutional amendments required
Introduction of Article 82A
To sync the Assembly and Lok Sabha polls, the panel has recommended the introduction of Article 82A in the Constitution. According to the committee report, “on the date of the first sitting of the House of the People after a general election,” the President will issue a notification bringing this provision into effect. Further, 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 Election Commission of India (ECI) will be required under Article 82A(3) to hold general elections and the Legislative Assembly elections together. If the ECI is unable to conduct such simultaneous polls, Article 82A(4) authorises it to “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.” However, even in cases where the State Assembly election is deferred, “the full term of the Legislative Assembly shall end on same date as the end of the full term of the House of the People constituted in the General Election.”
Amendment to the Parliament’s law making powers
The report also recommended amending Article 327, which gives the 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. Such powers should be enhanced to include the “conduct of simultaneous elections” as well, it recommends.
Amendments to the terms of the Lok Sabha and State assemblies
Amendments to Article 83, which deals with the duration of the Lok Sabha, and Article 172, which deals with the duration of a State Assembly, have also been suggested. Both the Lok Sabha as well as the State Assemblies are constituted for a five-year term after each election. According to the panel, this five-year term should be referred to as “the full term” by amending Articles 83(2) and 172(1). If the Lok Sabha or the State Assembly is dissolved prematurely, then the remaining period will be referred to as the “unexpired term.” Subsequently, the new Lok Sabha or State Assembly will serve only for the remaining “unexpired term” before being dissolved again once simultaneous polls are conducted as scheduled.
For instance, if the Lok Sabha or a State Assembly gets dissolved before its term of five years because of a loss of majority in the House after the “appointed date,” fresh elections will be held. However, these will be “midterm elections” and the new government can only serve for the remainder of the term. This also has the potential to curb no-confidence motions since Opposition parties might find it futile to challenge existing governments since the subsequent government can only be in power for half a term or less.
“In this manner at the end of five years, the House of the People and all the State Legislative Assemblies would reach the end of their tenure at the same time, and be ready for a General election held simultaneously,” the panel reasoned.
Introduction of Article 324A
The inclusion of Article 324A in the Constitution has also been recommended. This new provision would empower the Parliament to make laws to ensure that municipality and panchayat elections are held simultaneously with the general elections of the Lok Sabha and theSstate legislative Assemblies.
The proposed Article 324 A reads as follows: “Notwithstanding anything in Art. 243E and 243U, Parliament may by law make provision for ensuring that the elections to Municipalities and Panchayats are held simultaneously with the General Elections, and for this purpose, make provisions as may be necessary, including provisions for determination of the term of the Municipalities and Panchayats sooner than the expiry of five years from the date appointed for their first meeting, and for limiting the term of such Municipalities and Panchayats constituted under a mid-term election to the unexpired period of their term until the next general elections.”
Amendments to existing statutes
The report has also recommended the amendment of existing statutes governing 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. These amendments will ensure that Assembly elections in union territories also take place simultaneously with Lok Sabha and State Assembly elections.
Single electorate roll and election ID
The committee also recommended that Article 325 be amended to enable the preparation of a single electoral roll and single Elector’s Photo Identity Card (EPIC) by the ECI, in consultation with the State Election Commissions (SECs). If this recommendation is accepted, the process of creating electoral rolls will be taken over by the ECI, and SECs will play a purely consultative role.
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” and will substitute any electoral roll prepared earlier by either the Election Commission under Art 325 or the State Election Commissions under Art. 243K and Art. 243ZA.”
Ratification by States
Article 368 governs the process of amending the Constitution. While some provisions can be amended in the same way ordinary legislations are passed— through a simple majority of those present and voting in each House of the Parliament; others require a “special majority” i.e., not less than two-thirds of the members present and voting in each House of the Parliament as well as by a majority of the total membership of each House.
A third category commonly referred to as “entrenched provisions” requires both a “special majority’” and ratification by at least one-half of the State legislatures. An amendment to these would impact the federal structure of the Constitution since they govern the powers of the State Assemblies. Article 368(2)(d) specifically includes the representation of States in Parliament as one of the issues that would require such a ratification.
According to the report, ratification by States will not be required for the constitutional amendments that would sync the Assembly elections with the Lok Sabha elections. However, amendments for the preparation of a common electoral roll, and syncing municipal and panchayat elections with the general elections will require the concurrence of the States.
Constructive vote of no-confidence
The report revealed that committee member Subhash C. Kashyap had recommended the concept of a “constructive vote of no-confidence,” a practice followed in Germany, where to bring a no-confidence motion against the government, a positive vote of confidence in an alternate leader or government is required. However, the committee did not agree with Mr. Kashyap’s proposal.
“In respect of the confidence motion and the proposal of constructive vote of no confidence of Dr. Kashyap, the Committee is of the considered opinion that the prevailing Parliamentary practice in this regard is appropriate and does not require any change. Making a motion of no confidence by the Members of the Parliament is not only their right but also their responsibility. The Committee would not like to dilute this feature of the Indian Parliamentary system,” the report outlined.
Meeting logistical requirments
To meet the logistical demands of conducting simultaneous polls, the panel suggested that the ECI in consultation with the SECs should plan in advance and take steps for the deployment of manpower, polling personnel, security forces, and EVMs/VVPATs, among other measures.
