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From polity to practice: Constitutional foundations and challenges to election process for holding simultaneous elections in India

  • Unique Paper ID: 172487
  • Volume: 11
  • Issue: 9
  • PageNo: 1-6
  • Abstract:
  • The Concept of ‘One nation one election’ has gained momentum in India, after a High-Level Committee on simultaneous elections was constituted on 2nd September 2023 under the Chairmanship of former president of India, Ram Nath Kovind, submitted its report containing 18,626 pages to the President of India, Smt. Droupadi Murmu. The report discussed about the constitutional viability and electoral process feasibility, challenges for successful implementation of Simultaneous elections to the Lok Sabha and State Assemblies, Panchayats and Municipalities. The central notions behind ‘One nation, one election’ is to synchronize the timing of Lok Sabha, State Assembly, Panchayats and Municipalities election across all States to reduce the frequency of elections throughout the country, cut down expenditure spent on holding elections at different intervals of time for the purpose of election to Lok Sabha and State Assemblies, Panchayats and Municipalities, reduce voter fatigue, simplify the electoral processes. Nevertheless, Articles 83 and 172 provide that the tenure of the house of people and state assemblies, unless dissolved earlier, shall be for 5 years. It is implicit that the tenure of the Lok Sabha and State Assemblies can be reduced to less than 5 years if there is no confidence, or upon the advice of council of ministers. Thus, it could be interpreted that to accommodate simultaneous elections to Lok Sabha and the State Assemblies, the tenure of the houses could be lowered if the council of ministers deem it necessary. The Tenure of the Lok Sabha or State Assemblies could get extended only for a period of 1 year from the date of first meeting. Simultaneous election was in practice till 1967, the cracks in the cycle emerged in 1959 after the Centre invoked Article 356 to dismiss the then-Kerala government. In the due course of time, due to defections and counter-defections between parties, several Legislative Assemblies dissolved post-1960, eventually leading to separate elections for Lok Sabha and State Assemblies. Cut to the chase, the assembly polls in the States of Arunachal Pradesh, Sikkim, Andhra Pradesh and Odisha are held together with the Lok Sabha elections. Although, simultaneous elections were held in the past, it lost momentum for a while, until Law Commission headed by BP Jeevan Reddy in 1991 recommended simultaneous elections. Every three months, there has been elections in some or the other state in India, there has been a virtual paralysis of administration at various levels countrywide as elections to these states’ assemblies have culminated in shifting of focus from growth prospects on India. Even though no fresh policy decision is necessary, implementation of ongoing projects gets derailed during election periods as the political executive as well as government officials engross themselves in election duties, neglecting routine administration. Holding elections at specific periods could potentially reduce horse-trading by elected representatives, which remains a concern even with anti-defection law in place. Article 324 provides that the superintendence, direction and control of preparing electoral roll shall be with the Election Commission. Article 243K and Article 243 ZA provide that for the purposes of elections to panchayats and municipalities of a state, the superintendence, direction and control lay with the State Commission to formulate electoral roll. The State Election Commission does not prepare a separate voter’s list for the local body elections but uses the voter’s lists prepared by the Election Commission of India under the provisions of the Representation of the People Act, 1950, by bifurcating the same to represent the relevant wards of the local bodies concerned. Could a single electoral roll be used for the purpose of simultaneous elections to Lok Sabha, State Assemblies, Panchayats and Municipalities? This paper seeks to analyse the constitutional foundations for simultaneous elections and challenges in the election process to hold simultaneous elections.
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  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 9
  • PageNo: 1-6

From polity to practice: Constitutional foundations and challenges to election process for holding simultaneous elections in India

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UGC Approved
Journal no 47859

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