What it will take to have simultaneous elections in India: Unpacking the Kovind committee report

What it will take to have simultaneous elections in India: Unpacking the Kovind committee report

Context- The High Level Committee on One Nation, One Election, led by former President Ram Nath Kovind, has submitted a report to President Droupadi Murmu. The report recommends the following:

1. Simultaneous Elections: Elections to the Lok Sabha, state Assemblies, and local bodies (municipalities and panchayats) should be held simultaneously. Local body elections should be “synchronized” to occur within 100 days of the state and national elections.
2. Constitutional Amendments: To implement these recommendations, the committee suggests 15 amendments to the Constitution of India. These amendments will be introduced through two Constitution Amendment Bills.
3. First Bill: This bill will address the transition to a simultaneous election system and outline the procedure for fresh elections to the Lok Sabha or a state Assembly before the end of their five-year term. This bill can be passed by Parliament without consultation with state governments or ratification by state Assemblies.
4. Second Bill: This bill will deal with municipal and panchayat elections and the creation of a Single Electoral Roll by the Election Commission of India (ECI). This roll will contain details of every voter and the seat for which they are eligible to vote. As this bill deals with subjects primarily legislated by states, it will require the approval or ratification of more than half of India’s states before it can be enacted.

Transition to simultaneous polls; Parliament’s power to make laws

The first Bill recommended by the Kovind committee proposes the following:

1. Insertion of Article 82A: This new article will establish the process for transitioning to simultaneous elections for the Lok Sabha and state Assemblies.

2. Article 82A(1): On the date of the first sitting of the House of the People after a general election, the President will issue a notification bringing Article 82A into effect. This date will be known as the “Appointed date”.

3. Article 82A(2): All Legislative Assemblies constituted in any general election held after the Appointed date will end on the expiry of the full term of the House of the People.

4. Article 82A(3):

• The Election Commission of India (ECI) is required to hold general elections to the House of the People and the Legislative Assemblies simultaneously. If the ECI believes that elections to any legislative assembly cannot be conducted simultaneously, it may recommend to the President to declare that the election to that Legislative Assembly may be conducted at a later date (Article 82A(4)).
• However, even if a state Assembly election is deferred, the full term of the Legislative Assembly will end on the same date as the end of the full term of the House of the People (Article 82A(5)).

5. Amendment to Article 327:

• The Bill recommends expanding the power of Parliament under Article 327 to include the conduct of simultaneous elections.
• Currently, Article 327 gives Parliament the power to make laws relating to elections to the Lok Sabha, Rajya Sabha, and state legislatures, including the preparation of electoral rolls and delimitation of constituencies.

When Lok Sabha or state Assembly is dissolved before ‘full term’ ends

The Kovind committee’s first Constitution Amendment Bill proposes the following:

1.  Full Term: The five-year period for which the Lok Sabha and state Assemblies are constituted after each election is referred to as “the full term”. This is established by amending Sub-clause 2 of Article 83 and Sub-clause 1 of Article 172.

2.  Unexpired Term: If the Lok Sabha or a state Assembly is dissolved before the expiry of the full term, the remaining period is referred to as the “unexpired term”. This is established by amending Articles 83(3) and 172(3).

3.  Replacement Term: The Lok Sabha or state Assembly that replaces the previous one will serve only for the remaining “unexpired term” before being dissolved again once simultaneous elections are conducted as scheduled. This is established by Articles 83(4) and 172(4).

4.  Amendments to Laws for Union Territories:

• The report recommends amendments to certain laws relating to legislative Assemblies in Union Territories, such as The Government of National Capital Territory of Delhi Act, 1991, The Government of Union Territories Act, 1963, and the Jammu and Kashmir Reorganisation Act, 2019.
• These amendments aim to ensure that Assembly elections in Union Territories also take place simultaneously with Lok Sabha and state Assembly elections.

These amendments are part of the first Constitution Amendment Bill proposed by the Kovind committee, which it states will not require ratification by states.

Simultaneous local body elections, preparation of single electoral roll

The second Constitution Amendment Bill recommended by the Kovind committee proposes the following:

1. Ratification by States:

• The amendments in this bill require ratification by at least half of the state legislatures in the country before they can be passed, as per Article 368(2).
• This is because they deal with subjects in the State List, specifically “Local government”, which includes municipal and panchayat elections.

2. New Article 324A: This new article would empower Parliament to make laws ensuring that municipality and panchayat elections are held simultaneously with the General Elections (to Lok Sabha and state Assemblies).

3. Amendments to Article 325: The committee recommends adding new sub-clauses to Article 325, which currently states that there should be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State.

4. Single Electoral Roll:

• The proposed Article 325(2) will create a “Single Electoral Roll for every territorial constituency for election in the House of the People, Legislature of a State or to a Municipality or a Panchayat”. This electoral roll will be made by the Election Commission in consultation with the State Election Commissions (proposed Article 325(3)).
• If this recommendation is accepted, the process of creating electoral rolls will be taken over by the Election Commission of India (ECI), and State Election Commissions will play a purely consultative role.

Conclusion- The High Level Committee on One Nation, One Election, led by former President Ram Nath Kovind, has proposed significant changes to India’s electoral system. The committee recommends holding simultaneous elections for the Lok Sabha, state Assemblies, and local bodies. To implement these recommendations, the committee suggests two Constitution Amendment Bills, each containing several amendments. The first bill, which does not require ratification by states, addresses the transition to a simultaneous election system. The second bill, which requires ratification by more than half of India’s states, deals with municipal and panchayat elections and the creation of a Single Electoral Roll.

If accepted, these changes could significantly alter the electoral landscape of India. However, they also raise important questions about the balance of power between the central and state governments, and the practicalities of implementing such a large-scale change.