Law Panel Readies Report on Simultaneous Polls

General Studies Paper -2

Context: The Law Commission of India has worked out three major Constitutional amendments to set the ground for the ‘One Nation, One Election’ project in 2029.

• The 22nd Law Commission, headed by former Karnataka High Court Chief Justice Ritu Raj Awasthi, is set to recommend the addition of a new chapter on simultaneous polls in the Constitution.
• Currently, Part XV of the Constitution deals with elections. It prescribes the role of the Election Commission and for elections to be based on adult suffrage among other aspects.
• The Commission is likely to recommend insertion of a new chapter, Part XVA, that would make provisions for simultaneous polls.

Recommendations: Three major Constitutional Amendments

• While the law panel has not submitted its report to the government, it has made detailed presentations of its likely recommendations before the high-level committee, headed by former President Ram Nath Kovind.

1. Synchronization of Assembly elections: The Commission’s report is likely to suggest synchronising assembly elections in two stages in the next five years before all states can go to polls simultaneously with the next Lok Sabha elections in 2029.

• Then2029 can be the third election cycle where the Centre, all states, municipal and panchayat elections can be held together.”

2. Sustainability of simultaneous polls: One of the key concerns on simultaneous polls was tackling situations where the mandate results in a hung assembly or when a government falls midway when a no-confidence vote is instituted.

• Sources said that a second Constitutional amendment would deal with “sustainability of simultaneous polls” which would address these concerns.
• It is learnt that the Law Commission’s prescription is to first attempt setting up an all-party “unity” government if a government falls during its five-year tenure.
• “If that is not possible, then the alternative would be holding electionsonly for the term remaining before another cycle of simultaneous polls can be held”.
  • Contesting elections only to form a government for a short term could be a disincentive for political parties to bring down a government.

3. Common voter list: The third Constitutional amendment to be recommended by the law panel would specifically deal with a common voter list.

• Currently in many states, the voter list for the panchayat and municipal elections is different from the one used for Parliament and assembly elections.
• It said a common voter list will ensure every citizen gets the right to exercise his/her franchise for all public bodies.

Idea of Simultaneous Elections in India (One Nation One Election)

• Simultaneous Elections refer to the idea of holding Lok Sabha and State legislative assembly elections together, with the aim of reducing the frequency of elections and their associated costs.
• Simultaneous elections in India to the Lok Sabha and State Legislative Assemblies were held in the years 1951-52, 1957, 1962 and 1967. 
• Thereafter, the schedule could not be maintained and the elections to the Lok Sabha and the State legislative assembly have still not been realigned.
• The Election Commission in its annual report (1983)had recommended that a system should be evolved so that elections could be held simultaneously.
• The Law Commission (170th Report- 1999)stated that we must go back to the past where the elections to Lok Sabha and all the Vidhan Sabha were held simultaneously.
• The 79th Report of the Parliamentary Standing Committee (2015)also favored the idea of the simultaneous elections which was reiterated by a NITI Aayog paper in 2017.

Arguments In Favour of One Nation One Election

• It will reduce the huge expenditure incurred for conducting separate elections every year.
• The problem of frequent elections leads to imposition of MCC over prolonged periods of time which affects the normal governance. Simultaneous elections can overcome such issues.
• Simultaneous elections will free the crucial manpower which is often deployed for prolonged periods on election duties
• The focus on governance will increase, instead of being constantly in election mode.

Arguments Against One Nation One Election:

• Logistical Challenges:All states and the central government face massive logistical challenges including coordinating the schedules, resources etc.
• Disadvantage for regional parties:It may help the dominant national party or the incumbent at the Centre at the cost of regional parties and regions issues can be overshadowed by the national issues.
• Financial Implications:Conducting elections is expensive and requires significant resources like manpower.
• Issue of dissolution:Prematurely dissolution on account of a vote of no-confidence becomes difficult to deal with in case simultaneous elections are there.

Way Ahead

• Considering the fact that frequent elections led to a huge burden on human resources and affected the development process, a sustained debate is requiredon the subject.

All political parties need to arrive at a consensus on the issue of simultaneous elections before taking any step towards it.