Simultaneous polls ideal, workable formula required: Law Commission draft report

The idea of holding simultaneous elections to the Lok Sabha and the state assemblies has been a topic of debate in India for a long time. The proponents of this idea argue that it will save public money, reduce the burden on the administrative and security forces, ensure timely implementation of government policies, and avoid frequent disruptions caused by the model code of conduct. The opponents of this idea, however, raise concerns about the feasibility, legality, and desirability of such a move, citing issues such as the federal structure of the country, the diversity of the electorate, the possibility of a no-confidence motion or a hung parliament, and the impact on regional parties.

In August 2018, the Law Commission of India, headed by Justice B.S. Chauhan, submitted a draft report on 'Simultaneous Elections', examining the legal and constitutional questions related to the conduct of simultaneous elections. The report concluded that simultaneous elections are ideal and desirable, but a workable formula is required to be provided in the Constitution. The report also suggested three possible options to synchronize the elections in India.

Option 1: Synchronizing elections in 2019

The first option proposed by the Law Commission was to synchronize the elections in 2019 itself, by advancing or postponing the election timings of certain states. The report noted that five states (Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim, and Telangana) are due for elections in 2019 along with the Lok Sabha elections. The report suggested the following changes for the other states:

- For four states (Chhattisgarh, Madhya Pradesh, Mizoram, and Rajasthan), whose elections are due in late 2018 and early 2019, the term of their assemblies may be extended to coincide with the Lok Sabha elections, by amending the Constitution.

- For four states (Haryana, Jharkhand, Maharashtra, and Delhi), whose elections are due immediately after the Lok Sabha elections, they may be held along with them, if the states voluntarily dissolve their assemblies earlier or by operation of law.

- For the remaining 16 states and Puducherry, whose elections are due at different times in 2020 and 2021, they may be conducted towards the end of 2021. The term of these assemblies will be 30 months or till June 2024, whichever is earlier. This will also require a constitutional amendment since the terms of different assemblies will either need to be curtailed or extended.

Thereafter, simultaneous elections to Lok Sabha and state assemblies may be held together from 2024.

Option 2: Holding elections twice in five years

The second option proposed by the Law Commission was to hold elections twice in five years if simultaneous elections cannot be conducted in 2019. Under this option, the elections to Lok Sabha and state assemblies would be held in two phases:

- Phase I: Elections to Lok Sabha and all state assemblies whose terms end in 2019 or 2020 would be held together in 2019.

- Phase II: Elections to all state assemblies whose terms end between 2021 and 2024 would be held together at the end of 2021.

This option would also require constitutional amendments to extend or curtail the terms of some state assemblies.

Option 3: Holding elections in a calendar year

The third option proposed by the Law Commission was to hold all elections falling due in a calendar year together if simultaneous elections cannot be conducted at all. Under this option, there would be no need for any constitutional amendment as there would be no change in the term of any assembly. However, this option would not achieve complete synchronization as there would still be multiple election cycles depending on when an assembly is dissolved or completes its term.

Legal and constitutional implications

The Law Commission acknowledged that holding simultaneous elections would require appropriate amendments to several provisions of the Constitution and other laws. Some of these provisions are:

- Article 83 (Duration of Houses of Parliament): This article provides that the Lok Sabha shall have a term of five years from its first sitting unless dissolved earlier. This article may need to be amended to provide for fixed terms for Lok Sabha and state assemblies.

- Article 85 (Sessions of Parliament): This article empowers the President to dissolve Lok Sabha before its term expires. This article may need to be amended to restrict this power and provide for dissolution only under certain circumstances such as a no-confidence motion or a constitutional emergency.

- Article 172 (Duration of state legislatures): This article provides that every state legislative assembly shall have a term of five years from its first sitting unless dissolved earlier. This article may need to be amended to provide for fixed terms for state assemblies and synchronise them with Lok Sabha.

- Article 174 (Sessions of state legislature): This article empowers the Governor to dissolve a state assembly before its term expires. This article may need to be amended to restrict this power and provide for dissolution only under certain circumstances such as a no-confidence motion or a constitutional emergency.

- Article 356 (President's rule): This article empowers the President to impose President's rule in a state if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution. This article may need to be amended to provide for the continuation of the state assembly during President's rule and its dissolution only at the end of its term or along with Lok Sabha.

- Representation of the People Act, 1951: This Act regulates the conduct of elections to Parliament and state legislatures. This Act may need to be amended to provide for the modalities of holding simultaneous elections, such as the common electoral rolls, common nomination forms, common ballot papers, common symbols, etc.

The Law Commission also noted that holding simultaneous elections would require the ratification of at least 50% of the states as per Article 368 of the Constitution, as it would affect the federal structure of the country.

Conclusion

The Law Commission concluded that holding simultaneous elections is feasible and desirable, but it would require a workable formula to be provided in the Constitution. The Commission also suggested that a broad consensus among all political parties and stakeholders is necessary for implementing this idea. The Commission invited comments and suggestions from the public on its draft report by September 30, 2018.

Sources:

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