• UGI USER
  • Dec 08, 2023
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UNDERSTANDING SIMULTANEOUS ELECTIONS

Relevance:

  • GS2 : 
    • Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
    • Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges Therein.
Source: Times of India

Issue in Focus:

  • The Union Government formed a six-member panel in September to examine and recommend simultaneous elections for Lok Sabha, State assemblies, and local bodies.
  • The panel’s task includes proposing specific constitutional amendments and legal changes required for conducting simultaneous elections.

Historical Context:

  • The first four general elections witnessed simultaneous elections for Lok Sabha and State Assemblies.
  • The bifurcation occurred due to the advancing of Lok Sabha elections in 1969.
  • The Law Commission, led by BP Jeevan Reddy in 1999, proposed the concept of holding simultaneous elections.
  • Currently, Lok Sabha elections coincide with Assembly elections in Andhra Pradesh, Odisha, Arunachal Pradesh, and Sikkim.

Recent Developments

  • Demand for simultaneous elections has been in focus since 2014.
  • In 2015, the Election Commission of India submitted a feasibility report and proposed amending the Constitution and the Representation of the People Act, 1951, but the government has not yet acted.
  • NITI Aayog supported the proposal in 2017, and President Ram Nath Kovind mentioned it in his address to Parliament in 2018.
  • In August 2018, the Law Commission released a draft report examining legal-constitutional aspects of simultaneous elections.
  • Prime Minister reiterated the need for simultaneous elections in his Independence Day speech in 2019.
  • The recent Law Commission Report explores the feasibility of a common electoral roll

Countries with Simultaneous Election

Belgium, Sweden, and South Africa are the remaining three nations that conduct elections concurrently.

Arguments in Favour of Simultaneous Elections

  • Cost Savings and Efficiency
    • Conducting separate elections incurs significant recurring expenditure for both the State and Central governments.
    • Simultaneous elections would result in one electoral roll and optimize the use of security forces and civilian officials, saving public money and resources.
  • National Security Concerns
    • Prolonged deployment of security and police forces during the dense electoral cycle raises national security and law and order concerns.
    • Mass-scale transfers of officials within the State and the associated political uncertainty affect administrative efficiency.
  • Developmental Impact
    • Separate elections impede development due to the enforcement of the code of conduct, leading to the stoppage of ongoing projects.
    • Populist schemes are often prioritized for electoral gains, hindering long-term investments in primary sectors.
  • Reduced Role of Money in Elections
    • Simultaneous elections would reduce campaign finance for parties, contributing to lessening the role of money in elections.
    • Effective monitoring of election expenditure by the Election Commission of India (ECI) would be enhanced at the national level.
  • Mitigating Divisive Politics
    • Simultaneous elections under the ‘one nation-one election’ plan would reduce the impact of regionalism, casteism, and communalism.
    • National issues would take precedence, fostering a more unified electoral agenda.
  • Addressing Voter Fatigue
    • Frequent elections contribute to voter fatigue, and simultaneous elections could alleviate this sense of exhaustion.
    • Bringing together multiple elections creates a more streamlined and efficient electoral process.

Arguments Against Simultaneous Elections

  • Federalism Concerns
    • Critics argue that the Centre’s initiative lacks wider consultation with constituent States.
    • Contradicting Article 1 which declares India as a” Union of State “. The move is viewed as antithetical to the federal spirit of the country.
  • Diminished Focus on Regional Issues
    • Simultaneous elections might sideline local and regional issues, leading to a ‘national constituency phenomenon.’
    • Polity-wide parties could gain an advantage over regional parties, potentially incentivizing regional discontent.
  • Cost-Related Challenges
    • While cost-saving is touted as a benefit, the large-scale purchase of Electronic Voting Machines (EVM) and Voter Verifiable Paper Audit Trail Machines (VVPAT) would be required for simultaneous elections.
    • Biennial elections and by-elections would still incur costs.
  • Voter Enthusiasm and Accountability
    • Frequent elections keep voters engaged and enthusiastic, as evidenced by higher voting percentages in State and local elections.
    • Multiple layers of elections contribute to increased accountability among elected representatives.

Legal and Constitutional Challenges

  • Constitutional Amendments Needed
    • At least five Articles in the Constitution would require amendment for simultaneous elections.

[ Articles 83(2), Article 85(2),Article 172(1), Article 174(2), and Article 352.]

  • Amendments necessitate two-thirds majority support in both Houses of Parliament and ratification by at least half of the State Legislatures under Article 368.
  • Complexity in Linking General and Local Body Elections
    • Local government being a State subject requires changes in 56 sets of legal provisions across all States.
    • Coordinating general elections with local body elections presents additional complexities.

Law Commission Draft Report Highlights:

  • Legal Amendments:
    • Amend the Constitution, Representation of the People Act, 1951, and Lok Sabha/State Assembly Rules.
    • Add a definition of “simultaneous elections” to the 1951 Act.
  • Constructive No-Confidence Motion:
    • Replace no-confidence motions with constructive no-confidence motions to prevent instability.
  • Dilution of Anti-Defection Law:
    • Modify the Anti-Defection Law to avoid stalemates in hung parliaments.
  • Flexibility for Election Timing:
    • Extend the six-month limit for issuing election notifications for greater flexibility (one-time measure).

Future Considerations

  • The focus may shift to holding simultaneous Lok Sabha and Assembly elections.
  • Multiple amendments would be necessary, and judicial review of such amendments could pose challenges.

Possible Course of Action

  • A gradual approach, attempting to synchronize Assembly elections with Lok Sabha elections, might be more feasible.
  • Wider consultation across parties and states is crucial.
  • Club as many Assembly elections as possible to coincide with Lok Sabha or hold them together.

Implementing simultaneous elections involves a complex legal process, requiring extensive amendments to the Constitution.The debate continues on finding a balanced approach that aligns with constitutional principles and addresses the practical challenges of simultaneous elections.

Source : https://www.google.com/amp/s/www.thehindu.com/news/national/understanding-simultaneous-elections-explained/article67592051.ece/amp/

Mains Practice Questions:

Critically analyze the arguments for and against implementing simultaneous elections in India. Further, discuss the legal challenges involved in implementing such a system.