NEW DELHI: The BJP-led NDA government on Wednesday took another step towards 'one nation, one election' as the Union Cabinet approved the Kovind panel recommendations for simultaneous elections in the country. The panel, headed by former president Ram Nath Kovind , had submitted its report in March this year.
Prime Minister Narendra Modi hailed the development calling it an important step towards making India's democracy even more vibrant and participative even as the opposition slammed his government calling the idea impractical and also a cheap stunt.
Two-step synchronisation
The Kovind panel proposes synchronising elections in two steps. While the first step will integrate Lok Sabha elections and state assemblies' polls, the second step will ensure that elections to municipalities and panchayats are held within 100 days of polls to Lok Sabha and state assemblies.
Past precedents
In the past, there have been several occasions when a sizeable number of states have held assembly elections along with the Lok Sabha election. This number was highest in 1967, when as many as 20 state elections were held along with the national elections for Lower House. In 1977, this number was 17 while in 1980 and 1985, it was 14. However, since 1989 the number of states that have held elections simultaneously with Lok Sabha has been in single digits.
Differing dissolution dates of state assemblies
One of the biggest challenges in implementing 'one nation, one election' is the differing tenures of various state assemblies. Here's a look at how assembly election in states are scheduled from 2024 to 2029, assuming that next Lok Sabha elections will be held in 2029 and all the state governments complete their respective terms.
2024: Lok Sabha elections + 6 states, 1 UT
2025: 2 states, 1 UT
2026: 4 states, 1 UT
2027: 6 states
2028: 10 states
How will these elections be synchronised?
The Kovind panel proposes a one-time transitory measure to synchronise all these polls.
When will transition provisions come into force?
The transition provisions would come into force from the "Appointed Date", which will be the date of the first sitting of Lok Sabha constituted after a general election. The President would by notification issued on "Appointed Date" bring into force the provisions for transition.
What happens after that?
Once the transition provisions are brought into play, the tenure of all state legislative assemblies constituted in any election after the “Appointed date” would come to an end on the expiry of the full term of Lok Sabha, irrespective of when that assembly was constituted. This would result in Lok Sabha and all state legislative assemblies being ready for a simultaneous election at the end of this term.
How will this synchronisation be maintained?
Once synchronisation between the terms of Lok Sabha and state legislative assemblies is achieved, a slew of measures have been proposed by the Kovind Panel to ensure that there is no future disruptions in holding of simultaneous polls. The panel proposes amendments in Constitution to introduce some new concepts and terminologies to ensure synchronisation in future elections.
What happens if Lok Sabha or a state assembly is dissolved before its tenure is completed?
If the Lower House or any state assembly is dissolved sooner than its period of five years from the date appointed for its first meeting, a mid-term election would be held for reconstituting the House or assembly as the case may be. However, the term of the House or the assembly so constituted through a mid-term election, would be for the remaining unexpired period of its term.
This will ensure that at the end of five years, the Lok Sabha and all the state assemblies would reach the end of their tenure at the same time, and be ready for the next general election together.
What happens if there is an extraordinary circumstance?
In case of any unforseen situation due to which the simultaneous elections to any state assembly cannot be conducted at the time of general elections, the Election Commission of India may make a recommendation to the President, to declare by an Order that the election to that Legislative Assembly may be conducted at a later date. However, the term of such assembly, so constituted, shall end on the same date as the end of the full term of the Lok Sabha.
What happens in case of hung House, no-confidence motion or any other such event?
For Lok Sabha: If Lok Sabha is dissolved sooner than the expiry of its full term, fresh elections will be conducted and the next House of the People thus constituted, unless sooner dissolved, shall continue for a period which is equal to the unexpired term of the immediately preceding Lok Sabha.
For state assemblies: If any legislative assembly is dissolved sooner than the expiry of its full term, fresh elections will be held and a new assembly will be constituted. This new assembly, unless sooner dissolved, shall come to an end with the expiry of full term of Lok Sabha.
For Municipalities and Panchayats: Mid-term elections to Municipalities and Panchayats will be held for the unexpired period of their term until the next general elections.
How will these proposals be implemented?
The Kovind panel has proposed a Constitution Amendment Bill in Parliament to amend Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures) of the Constitution. This Constitution Amendment will not need ratification by the States.
Another Constitution Amendment Bill will be introduced for insertion of Article 324A for elections to Municipalities and Panchayats, passed with ratification by the states.
Similar amendments will be required to be made in Section 5 (Duration of Legislative Assembly) of the Government of National Capital Territory of Delhi Act, 1991 for the Legislative Assembly of Delhi and Section 5 (Duration of Legislative Assembly) of the Government of Union Territories Act, 1963 for the Legislative Assembly of Puducherry. Furthermore, similar amendment will also be required in Section 17 (Duration of Legislative Assembly) of the Jammu and Kashmir Reorganisation Act, 2019.
Prime Minister Narendra Modi hailed the development calling it an important step towards making India's democracy even more vibrant and participative even as the opposition slammed his government calling the idea impractical and also a cheap stunt.
Two-step synchronisation
The Kovind panel proposes synchronising elections in two steps. While the first step will integrate Lok Sabha elections and state assemblies' polls, the second step will ensure that elections to municipalities and panchayats are held within 100 days of polls to Lok Sabha and state assemblies.
Past precedents
In the past, there have been several occasions when a sizeable number of states have held assembly elections along with the Lok Sabha election. This number was highest in 1967, when as many as 20 state elections were held along with the national elections for Lower House. In 1977, this number was 17 while in 1980 and 1985, it was 14. However, since 1989 the number of states that have held elections simultaneously with Lok Sabha has been in single digits.
Differing dissolution dates of state assemblies
One of the biggest challenges in implementing 'one nation, one election' is the differing tenures of various state assemblies. Here's a look at how assembly election in states are scheduled from 2024 to 2029, assuming that next Lok Sabha elections will be held in 2029 and all the state governments complete their respective terms.
2024: Lok Sabha elections + 6 states, 1 UT
2025: 2 states, 1 UT
2026: 4 states, 1 UT
2027: 6 states
2028: 10 states
How will these elections be synchronised?
The Kovind panel proposes a one-time transitory measure to synchronise all these polls.
When will transition provisions come into force?
The transition provisions would come into force from the "Appointed Date", which will be the date of the first sitting of Lok Sabha constituted after a general election. The President would by notification issued on "Appointed Date" bring into force the provisions for transition.
What happens after that?
Once the transition provisions are brought into play, the tenure of all state legislative assemblies constituted in any election after the “Appointed date” would come to an end on the expiry of the full term of Lok Sabha, irrespective of when that assembly was constituted. This would result in Lok Sabha and all state legislative assemblies being ready for a simultaneous election at the end of this term.
How will this synchronisation be maintained?
Once synchronisation between the terms of Lok Sabha and state legislative assemblies is achieved, a slew of measures have been proposed by the Kovind Panel to ensure that there is no future disruptions in holding of simultaneous polls. The panel proposes amendments in Constitution to introduce some new concepts and terminologies to ensure synchronisation in future elections.
- Full term: Five years from the date appointed for the first meeting of the House of the People or Legislative Assembly at the end of which House shall stand dissolve, which period of five years shall be hereafter referred to as the full term.
- Unexpired term: Where the House of the People or Legislative Assembly is dissolved sooner than upon the expiry of its full term, then the period between its date of dissolution and the period of five years from the date appointed for its first meeting, shall be referred to as its unexpired term.
- General election: An election held after the expiry of the full term shall be referred to as the General election.
- Mid-term election: The elections for constituting a House for its unexpired term shall be referred to as a mid-term election.
What happens if Lok Sabha or a state assembly is dissolved before its tenure is completed?
If the Lower House or any state assembly is dissolved sooner than its period of five years from the date appointed for its first meeting, a mid-term election would be held for reconstituting the House or assembly as the case may be. However, the term of the House or the assembly so constituted through a mid-term election, would be for the remaining unexpired period of its term.
This will ensure that at the end of five years, the Lok Sabha and all the state assemblies would reach the end of their tenure at the same time, and be ready for the next general election together.
What happens if there is an extraordinary circumstance?
In case of any unforseen situation due to which the simultaneous elections to any state assembly cannot be conducted at the time of general elections, the Election Commission of India may make a recommendation to the President, to declare by an Order that the election to that Legislative Assembly may be conducted at a later date. However, the term of such assembly, so constituted, shall end on the same date as the end of the full term of the Lok Sabha.
What happens in case of hung House, no-confidence motion or any other such event?
For Lok Sabha: If Lok Sabha is dissolved sooner than the expiry of its full term, fresh elections will be conducted and the next House of the People thus constituted, unless sooner dissolved, shall continue for a period which is equal to the unexpired term of the immediately preceding Lok Sabha.
For state assemblies: If any legislative assembly is dissolved sooner than the expiry of its full term, fresh elections will be held and a new assembly will be constituted. This new assembly, unless sooner dissolved, shall come to an end with the expiry of full term of Lok Sabha.
For Municipalities and Panchayats: Mid-term elections to Municipalities and Panchayats will be held for the unexpired period of their term until the next general elections.
How will these proposals be implemented?
The Kovind panel has proposed a Constitution Amendment Bill in Parliament to amend Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures) of the Constitution. This Constitution Amendment will not need ratification by the States.
Another Constitution Amendment Bill will be introduced for insertion of Article 324A for elections to Municipalities and Panchayats, passed with ratification by the states.
Similar amendments will be required to be made in Section 5 (Duration of Legislative Assembly) of the Government of National Capital Territory of Delhi Act, 1991 for the Legislative Assembly of Delhi and Section 5 (Duration of Legislative Assembly) of the Government of Union Territories Act, 1963 for the Legislative Assembly of Puducherry. Furthermore, similar amendment will also be required in Section 17 (Duration of Legislative Assembly) of the Jammu and Kashmir Reorganisation Act, 2019.
