In March 2024, the vote counting date for assembly elections of two north-eastern states, i.e., Sikkim and Arunachal Pradesh, was preponed by the Election Commission of India (ECI) from June 4 to June 2. This major step was taken by the constitutional body to bring the date in alignment with the expiry of the terms of their legislative assemblies, i.e., to ensure that the terms of their legislative assemblies come to an end only after the completion of the election process.
The current legislative assemblies of Arunachal Pradesh and Sikkim conducted their first meeting on June 3, 2019. According to the constitutional provisions, their terms will come to an end on June 2, 2024. So, the election procedure must get over prior to this date so that new assemblies can be easily transitioned from the older ones. It is a constitutional mandate that elections should be completed before the legislative bodies get dissolved. As a result, the ECI has scheduled the counting of votes and the declaration of results prior to midnight on June 2, 2024, which will enable the governors to commence the process of forming new assemblies.
Constitutional Provisions Regarding the Terms of the Lok Sabha and State Assemblies
The Constitution of India specifies the following provisions regarding the terms of the Lok Sabha and state assemblies:
Term of the Lok Sabha According to Article 83 (2) of the Indian Constitution, the term of the Lok Sabha is five years. It commences from the fixed date when its first meeting is held. When the period of five years is completed, the House gets dissolved. However, the Lok Sabha can also be dissolved earlier than its term of expiry.
Term of the state assembly According to Article 172 (1) of the Indian Constitution, the term of the legislative assembly of each state is five years. Similar to the Lok Sabha, its term begins from the fixed date when its first meeting is held. When the period of five years comes to an end, the legislative assembly gets dissolved. However, the legislative assembly can also be dissolved earlier than its term of expiry.
Extending assembly term In certain circumstances, such as at the time of the proclamation of emergency, the term of the legislative assembly can be extended for a period of one year at a time by the Parliament. However, this extension should not go beyond six months from the date of the termination of the proclamation.
Determining the Election Schedule
The ECI is the main governing body responsible for not only establishing electoral processes but also conducting and supervising them throughout the country. Within this role, one of the most important functions of the ECI is to fix the schedule for elections to legislature, i.e., the Lok Sabha (House of the People) and state assemblies.
The ECI fixes the election schedule, considering all the aspects. It specifies the poll dates in advance, such as the beginning of polling and vote counting date. The ECI intimates the schedule to appropriate stakeholders, such as government officials, political parties, and the general public.
The ECI decides the election schedule by taking the following considerations into account:
Logistical requirements In order to fix election schedules, the ECI studies the historical and geographical situation of the country. It also considers logistical requirements, such as deploying security forces on election duty to ensure free and fair elections.
Terms of the legislative bodies In order to decide on the election schedule, the ECI mainly considers the date of expiry of the terms of the legislative bodies as per constitutional provisions. It is essential while determining the schedule of elections. The ECI knows about this date beforehand, i.e., five years in advance. It can be calculated from the date of the first meeting of the current legislative bodies.
Date of completing the election procedure The main target of the ECI is to get through with the election procedure minimum one day prior to the expiry of the term of the existing legislative bodies. The ECI ensures that it declares the results of the election a few days before such expiry so that documentation and other legal formalities can be easily fulfilled.
Other factors The ECI takes into consideration a number of factors, such as dates of important examinations and regional festivals, prevailing weather conditions, availability of school buildings and other infrastructure to be used as polling stations, and enrolling school teachers for election duty at the time of determining the election schedule. Traditional voting patterns and security requirements are also taken into account while determining the schedule and logistics of elections.
Model Code of Conduct (MCC)
Along with the election schedule, the ECI specifies a series of guidelines to supervise political parties/candidates and their behaviour at the time of elections. These are collectively known as the Model Code of Conduct. The main objective of the MCC is to ensure that the election procedure is conducted fairly and ethically. It also prohibits parties and candidates from exploiting government resources for their selfish interests. Some of the important provisions of the MCC are:
- It is expected of the political parties and candidates to behave in such a way that it maintains the integrity of the election procedure along with ensuring just and fair elections.
- Taking out rallies and processions along with conducting public meetings is subject to certain restrictions so that law and order is maintained in the country and disruptions can be avoided.
- For the purpose of election campaigning, using government resources, official government machinery and media is forbidden so that nobody takes undue advantage of the ruling party.
- Political parties and candidates are not allowed to advertise using public funds. Nor are they allowed to publish government-sponsored advertisements to manipulate the behaviour of voters.
- All political parties and candidates must be treated equally while granting them access to public amenities as well as resources for the purpose of election campaigning.
- While campaigning, political parties and candidates should lay emphasis on their performances and past records only instead of using the tactics based on different castes, religions, and communities.
- Two days prior to the day when people would cast their vote is implemented as ‘election silence’. This 48-hour period is free of election campaigns and is used for letting the voters reflect and decide whom to vote for.
Previous Instances of Change in Election Schedule
Generally, no changes are made to election schedules. However, on a few occasions, the changes have been made to these schedules by the ECI so that specific circumstances can be dealt with. For instance, two decades ago in 2004, the ECI preponed the date for counting of votes from May 13 to May 11 in Andhra Pradesh so that this date did not clash with the expiry of its assembly term, i.e., May 13, 2004.
The ECI can also be flexible while dealing with local preferences, relevant events, and festivals. For instance, in 2023, the ECI shifted the date of vote counting of Mizoram assembly polls from December 3 to December 4, as December 3 was a Sunday. The ECI considered the importance of Sundays for the majority of Christians living there.
Earlier, the schedules have been fixed by the ECI in such a way that the counting in a particular state was delinked from the counting in other states of the country or from the counting of votes for other elections conducted at the same time. This is done to facilitate holding elections along with considering the expiry of the term of the legislative assemblies and the Lok Sabha.
Conclusion
In conclusion, the ECI’s decision underscores the meticulous attention to constitutional deadlines and procedural integrity in the electoral process. This adjustment ensures that the election process is completed before the expiration of the terms of the state assemblies, as mandated by the Constitution. While such modifications are rare, they demonstrate the ECI commitment to uphold the sanctity of electoral timelines while considering various logistical and regional factors. Despite occasional adjustment, the ECI’s dedication to conducting free, fair, and timely elections remains unwavering, ensuring that the democratic rights of citizens are preserved.
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