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.
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.