The push for simultaneous elections nationwide has gained considerable momentum, evidenced by the recent proposals from the high-level committee (HLC) chaired by former President Ram Nath Kovind. With a report spanning over 18,000 pages, the committee advocated for a significant transition towards simultaneous elections for both the Lok Sabha and state assemblies. The initial phase of this transition entails the integration of municipal and panchayat polls within 100 days of the general election, establishing a robust framework for electoral reform. Anticipations are high for the Law Commission’s forthcoming findings, expected to endorse synchronised polls starting from the 2029 general election cycle. At the heart of these proposed reforms lies the establishment of an ‘Appointed Date’ by the president, signifying the onset of a new electoral cycle post-general elections. The panel advocates for constitutional amendments, particularly to Article 83 and Article 172, aimed at redefining the tenure of legislative bodies to facilitate this transition seamlessly. Additionally, the amendments empowering the Election Commission of India (ECI) and streamlining electoral processes at the grassroots level necessitate state ratification. The significant response from political stakeholders, with 32 parties in favour and 15 against the proposed reform underscores the polarised discourse surrounding this reform. The committee’s recommendations mark a pivotal milestone in the evolution of India’s democratic framework, poised to usher in a paradigm shift in electoral governance.
Meaning of Simultaneous Elections
Also known as ‘one nation, one election’, simultaneous elections refer to a notion wherein the timing of elections for the Lok Sabha and state legislative assemblies in the country will be synchronised. The concept also includes holding elections for the municipal corporation and the panchayat together. Therefore, different tiers of the government will have elections at the same time. This approach is aimed at streamlining the process of elections, ensuring proper administration of the country without any hindrances, and decreasing the expenditure that occurs while conducting elections.
Genesis of the Idea of Simultaneous Elections in India
It is interesting to note that the concept of simultaneous elections is in-fact not new to the country. Post adoption of the Constitution, the elections to Lok Sabha and all state legislative assemblies were held simultaneously from 1951 till 1967. However, after this, the cycle of synchronised elections got disrupted. The first general elections to Lok Sabha and all state legislative assemblies were held together in 1951–52. That practice continued over three subsequent general elections held in the years—1957, 1962, and 1967. However, due to the premature dissolution of some legislative assemblies in 1968 and 1969, the cycle got disrupted for the first time. In 1970, the Fourth Lok Sabha was itself dissolved prematurely and fresh elections were held in 1971. Thus, First, Second, and Third Lok Sabha enjoyed full five-year terms. The term of Fifth Lok Sabha was extended till 1977 under Article 352 (National Emergency). After that, the eighth, tenth, fourteenth, and fifteenth Lok Sabhas could complete their full five-year terms. The sixth, seventh, ninth, eleventh, twelfth, and thirteenth Lok Sabhas were dissolved prematurely. Various state assemblies also faced similar issues over a period of time.
As a result, the cycle of simultaneous elections has been firmly disrupted owing to several reasons:
- Politics was unstable and governments changed rapidly.
- Dissolution of state assemblies.
- It was felt that regional issues could be tackled only via separate elections.
It was noticed that simultaneous elections were conducted only in four states in 2019. These included Sikkim, Odisha, Arunachal Pradesh, and Andhra Pradesh.
Nevertheless, some government and non-government organisations (NGOs) have recommended for simultaneous elections. For example, the ECI and the Law Commission of India have suggested that simultaneous elections may help in making the electoral process more efficient, in 1983 and 1999, respectively.
About the High-Level Committee (HLC)
The report presented by the HLC, comprising over 18,000 pages, is the culmination of nearly 200 days of meticulous work.
The central government formed a committee, led by former President of India Ram Nath Kovind, to explore the concept of ‘one nation, one election’ on September 2, 2023. The momentum behind this proposal surged as the Law Commission, led by Justice (Retd) Ritu Raj Awasthi, presented a comprehensive framework to the Kovind-led committee. This framework outlined the constitutional amendments and logistical mechanisms necessary for implementing simultaneous elections.
The committee headed by Ram Nath Kovind, consists of several other members, including Union Minister of Home Affairs and Minister of Cooperation Amit Shah, former Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad, former Chairman of the 15th Finance Commission N.K. Singh, former Secretary General of the Lok Sabha Dr Subhash C. Kashyap, Senior Advocate Harish Salve, and former Chief Vigilance Commissioner Sanjay Kothari. Besides, the committee also included the Secretary of the HLC Dr Niten Chandra and the Minister of State (Independent Charge), Ministry of Law and Justice Arjun Ram Meghwal, as a Special Invitee.
Throughout its tenure, the committee engaged in extensive consultations with various stakeholders, experts, and political representatives, gathering insights and suggestions from across the spectrum. The committee also sought public opinion on the matter, demonstrating a commitment to inclusive decision making. This development comes amidst increasing discussion and debates surrounding the feasibility and implications of synchronised election in India.
The HLC examined the procedure of election in six countries, namely South Africa, Belgium, Sweden, Japan, Germany, the Philippines and Indonesia initially. Then only, the recommendations for simultaneous polls for Lok Sabha and state assemblies were given by the committee.
Recommendations of the HLC on Simultaneous Polls
The recommendations put forth by the Kovind committee aim to pave the way for the implementation of simultaneous elections in India through two Constitution Amendment bills. The first bill focuses on the transition to simultaneous polls for the Lok Sabha and state assemblies, along with procedures for fresh elections in case of premature dissolution. It proposes the insertion of a new article, Article 82A, to initiate the process and expand Parliament’s power under Article 327 to include the conduct of simultaneous elections. Amendments to Article 83 and Article 172 redefine the terms of office for legislative bodies in case of dissolution before the full term. Moreover, laws governing legislative assemblies in union territories would be amended to synchronise their elections with national and state polls.
The second amendment bill addresses municipal and panchayat elections, necessitating ratification by states due to their jurisdiction over local government affairs. It introduces Article 324A to empower Parliament to regulate simultaneous local body elections and proposes modifications to Article 325 to establish a single electoral roll prepared by the ECI in consultation with state election commissions (SECs). This recommendation streamlines the electoral roll creation process, with the ECI taking a leading role and SECs providing consultation.
The HLC has given the following recommendations to facilitate the transition to simultaneous elections:
- The committee recommends amendment to Article 82A of the Indian Constitution. With this amendment, the president will be authorised to specify an ‘Appointed Date’ on which simultaneous elections to the Lok Sabha and state legislative assemblies can be commenced. After this date, state legislative assemblies would enable the coordination of their terms with that of the Lok Sabha so that simultaneous elections can be conducted.
- If the Government of India accepts the recommendations and enforces them once the 2024 Lok Sabha elections are held, the first simultaneous elections will be held in 2029. Otherwise, these recommendations may be implemented after the 2029 Lok Sabha elections, and the first simultaneous elections may be conducted in 2034.
- The conduct of elections is regulated by the Representation of the People Act, 1951. This act will be amended so that synchronised election schedule can be included. Besides, this will help in dealing with logistical and legal issues that may come up owing to simultaneous elections.
- The Rules of Procedure will be amended by amending Article 327 so that the new election cycle along with the process of simultaneous elections can be included. These rules administer the working of the Lok Sabha and state legislative assemblies.
- In order to enforce simultaneous elections in the country, it is vital to make these amendments. But prior to that, obtaining the consent of the lawmakers, conducting comprehensive discussion, and implementing a meticulous legislative process are necessary.
- With the 18th Lok Sabha elections, the terms of the states whose elections are to be held between June 2024 and May 2029 will end. Consequently, several state assemblies may have less than five-year terms, which happens once in a while.
- The election cycles of a number of states, such as Tamil Nadu, West Bengal (2026); Uttar Pradesh, Punjab and Uttarakhand (2027); and Chhattisgarh, Karnataka and Telangana (2028) would be synchronised by simultaneous polls.
- It will be decided after the 2024 Lok Sabha elections by the government in power whether simultaneous elections will be implemented in 2029 or 2034.
- The committee recommends amendments to Article 83 and Article 172. If the Parliament or a state assembly dissolves before the completion of its term, fresh elections will be held only for the remaining term, i.e., remainder of the five year term, and this government will be in power until the next simultaneous elections so that synchronicity is maintained. With this measure, the event of hung assembly (the situation wherein a single political party or a pre-poll alliance does not have enough elected members to secure an overall majority in the House/Assembly), the no-confidence motion will not impact the schedule of simultaneous elections.
- The committee recommends the Parliament to implement the law by introducing Article 324A so that municipalities and panchayat elections are synchronised with the general elections. With this legislation, the terms of local bodies would be decided and the timing of their elections would be synchronised with that of national elections.
- It is also recommended by the committee to amend Article 325 of the Constitution. With this amendment, ECI will be authorised to compose a single electoral roll and Elector’s Photo Identity Card (EPIC) after discussion with SECs. This electoral roll and EPIC will be meant for all tiers of the government.
- The ECI is responsible for making, maintaining, and updating electoral rolls for Lok Sabha, while the SECs is responsible for making and maintaining electoral rolls for local bodies.
- In order to check repetition and protect the rights of the voters, the ECI and SECs must work in harmony with each other.
- The committee recommends that for the purpose of simultaneous elections, the ECI is required to estimate the expenditure and requirements in detail and submit its report on the same.
- The committee also suggests that the ECI and SECs should form all-inclusive plans and estimates so that flawless logistical arrangements can be made. These plans and estimates should consist of security measures, the deployment of personnel, and the requirement of equipment.
- The committee emphasises that governance should be stable so that decision-making is effective and sustainable development is promoted.
- The committee stresses on how synchronised elections can be important in the promotion of favourable environment for growth and development, and the prevention of policy paralysis.
Pros and Cons of Simultaneous Elections
Pros
- Simultaneous elections may significantly decrease recurring expenses of the central and state governments that arise during elections. This will reduce the expenditure to be incurred on the registration of voters, arranging polling stations, appointing election staff and security personnel, and other logistical arrangements. As there will be a single electoral roll for all elections, the services of security personnel, civilian officials, and other such administrative resources can be used optimally. Consequently, public funds will be saved that can be channelised towards other civic issues.
- Too many elections result in creating pressure on governance and administration. With simultaneous polls, the electoral process will be reorganised. This, in turn, will minimise such pressure.
- Separate elections require security personnel and police forces to render their services for a longer period of time, which poses a risk to national security. This also hampers law enforcement efforts. With simultaneous polls, these issues can be minimised.
- At the time of elections, a certain code of conduct is required to be followed, which leads to the transfer of officials on a large scale as well as disruption. This might obstruct the proper functioning of the government. Simultaneous elections can address this issue.
- Owing to simultaneous polls, the number of election campaigns will decline, which will reduce related expenses. So, less money will be used in politics.
- The ECI will be able to implement campaign finance regulations at a national level in a more efficient way. So, all parties and candidates contesting for elections will get their fair share.
- At times, frequent elections lead to regionalism, communalism, and casteism while influencing and assembling voters. All these tend to divide the nation. Simultaneous elections can help to minimise the disruptive effects of regionalism, communalism, and casteism.
- The concept of ‘one nation, one election’ emphasises national issues and works on a combined electoral aim. It not only aid in rising above personal narrow interests but also in instilling a sense of unity among the citizens of the country.
- Synchronising polls across all three levels of government is envisioned to enhance the structure the governance aligning with the aspirations of a forward-looking India.
- It may relieve the voters from the exhaustion caused by frequent elections. With such polls, voter turnout can be considerably increased at the national level. This is because simultaneous polls help decrease the indifference of voters and enhance the importance of all elections.
Cons
- Due to simultaneous polls, the principle of federalism may be weakened, as the electoral process will be centralised. This will override local and regional issues in the light of national issues. Similarly, national parties can overpower regional parties, thereby challenging federalism incorporated in the Indian Constitution.
- Some states may be marginalised in the scenario of simultaneous polls. These states are the ones administered by non-dominant parties in the country.
- Simultaneous polls can be conducted only after obtaining surplus electronic voting machines (EVMs) and voter verifiable paper audit trail (VVPAT) machines, which will increase the financial burden.
- Separate polls would be required to conduct biennial elections to legislative councils and by-elections. This would eventually add to the costs regardless of simultaneous polls.
- The elected members remain accountable with frequent elections conducted at different levels of the government. Such elections also enable voters to express their viewpoints regularly. Simultaneous polls may limit the accountability checks, thereby freeing the elected officials to work as per their will instead of meeting the changing needs of their constituencies.
- It is required to amend Articles 83, 85, 172, and 174 of the Indian Constitution, as all the houses have to follow a fixed term of five years. These Articles mention the provisions regarding duration and dissolution. Besides, synchronised elections are required to be included in Article 356, as it specifies the rules regarding the implementation of president’s rule in the states.
- As large security forces will be required to be deployed while conducting simultaneous elections, national security might deteriorate. These forces then move away from their purpose of protecting the national borders.
Conclusion
In conclusion, the high-level committee led by the former President Ram Nath Kovind has put forth a comprehensive recommendation advocating for simultaneous elections at various levels of governance in India. The report, though substantial, emphasises the need for synchronisation to alleviate the burdens posed on various sectors by frequent elections. While not impacting the upcoming Lok Sabha polls, the report proposes constitutional amendments for the implementation of simultaneous elections, aiming for minimal disruption to the existing constitutional framework. With significant support from various political parties and jurists, coupled with extensive study of election practices globally, the recommendation stands as a robust proposal for streamlining India’s electoral processes.
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