The 22nd Law Commission is set to recommend the addition of a new chapter on simultaneous polls in the Constitution as per recent media reports.
About Law Commission of India
- Non-statutory body constituted by the Union Government
- Established to ensure laws formed are just, fair and properly implemented
- Works as an advisory body to the Ministry of Law and Justice
- Not defined under the Indian Constitution but constituted under Article 39A
Key Functions
- Reviewing existing laws
- Making recommendations to the Government on legal reform
- Identifying laws which are no longer needed or relevant
- Suggesting useful amendments in existing laws
- Examining proposals for new legislations
Simultaneous Elections: Meaning
- Holding elections to Lok Sabha and State Assemblies simultaneously
- Restructuring election cycle for synchronization
- Voters vote for LS and state assemblies on the same day
History of Simultaneous Elections
- Initial Years: 1951-52, 1957, 1962 – Held Simultaneously
- End of Simultaneity: 1967, 1969, 1971, 1972 – Pre-mature Dissolution of Lok Sabha
- No Simultaneous Elections: Since 1977 – Frequent Assembly Dissolutions
Key Highlights of Law Panel’s Recommendations
- Insert a new chapter in the Constitution on simultaneous polls
- Recommendations will be for 2029 elections due to 2024 round the corner
- State elections to be held collectively in 2 stages over next 5 years
- Some state term extensions/curtailment through constitutional amendment
- 2029 – Simultaneous polls for Centre, states, panchayats & municipalities
New Constitutional Provisions Suggested
- Attempt power-sharing if a government falls midway during its 5-year tenure
- Deter premature fall of governments with short-term election costs
- Synchronize lists of ECI and State Election Commissions
Challenges Ahead
The feasibility of holding simultaneous elections has been debated extensively in India. Some key challenges need to be addressed:
- Significant amendments required to enact legal framework
- Building political consensus across parties
- Overcoming logistical and administrative issues
- Dispute resolution mechanisms needed for premature fall of governments
Benefits of Simultaneous Elections
- Save Public Money: Significant cost reduction with one polling exercise instead of separate Lok Sabha and Assembly polls
- Governance Focus: More time for governance activities as election mode is limited
- Policy Coherence: Union and state governments can work in tandem with aligned priorities
- Reduced Disruption: Lawmaking and implementation without frequent imposition of Model Code of Conduct
Overcoming Challenges: Some Options
- Mandate No-Confidence Motion Tabling: Require notice period and numbers for no-confidence motion
- Fixed Term for Assemblies: Constitutional amendment to fix 5-year term for Assemblies unless dissolution warranted by exceptional circumstances
- Incentives for States: Additional development funds for States holding elections with Lok Sabha
- Dispute Resolution Body: Setting up of a Constitutional body for adjudicating premature fall of state governments
Criticisms of Simultaneous Elections
- Regional Issues May Get Neglected: National issues dominate the narrative during synchronous polls
- Coalition Governments May Become Less Stable: Regional parties playing ‘kingmaker’ face anti-defection restrictions
- Curtails Federal Flexibility: Right of states to dissolve assembly as per local exigencies gets restricted
- Executive Dominance Over Legislature: Legislature ability to keep executive accountable gets compromised
- Uneven Playing Field: Ruling parties may have undue advantage due to power of office
Global Experiences with Simultaneous Elections
- South Africa: National Assembly and provincial elections happen simultaneously every 5 years
- Sweden: General elections at national, regional and local levels are held concurrently once in 4 years
- Indonesia: National, provincial and regional elections synchronized in June 2024 after gaps
- Singapore: Parliamentary elections synchronized with presidential polls every 6 years
Preparing for Simultaneous Elections
- Robust Data Systems: Integrated electoral rolls, GIS mapping of polling stations
- Augmenting CAPF Deployment: Scaling up security forces across states
- Surge Training Programs: Enhancing poll staff capacities for election duty
- Strong Dispute Resolution: Fast-track courts, mediation mechanisms
- Enhanced Facilitation: Improved voter awareness campaigns, polling transportation
Simultaneous polls have merits of reduced costs, coherence in policies and governance focus. However, premature dissolution of assemblies and abrupt fall of governments have stymied past attempts. Significant efforts around constitutional changes, statutes and political dialogues are vital for its future implementation.