Explained | Proposed amendments for simultaneous polls

A high-level committee led by former President Ram Nath Kovind recommended simultaneous elections to the Lok Sabha and state Assemblies as the first step followed by synchronised local body polls within 100 days in its report on ‘One Nation, One Election’ submitted to President Droupadi Murmu.

The panel has proposed several amendments to the Constitution and other statutes for the implementation of the proposal.

It is proposed that amendment Bills may be introduced in the Parliament for enabling the implementation of simultaneous elections. 

A Constitutional amendment Bill will have to be introduced in the Parliament amending Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures). 

This Constitutional amendment will not need ratification by the states.

Another Constitutional amendment Bill will be introduced for insertion of Article 324A for elections to municipalities and panchayats, passed with ratification by the states.

The Committee recommended introduction of Article 324A for enabling simultaneous elections in panchayats and municipalities with the General Elections and amendment in Article 325 for enabling Single Electoral Roll and Single Elector’s Photo Identity Card, which shall be prepared by the Election Commission in consultation with the State Election Commissions and the same will substitute any other electoral roll prepared by Election Commission of India under Article 325 or State Election Commissions under Articles 243K and 243ZA of the Constitution of India.

Since these amendments touch upon State Subjects (Entry 5) of Schedule VII, Part IX, and Part IX A of the Constitution of India, ratification by the states will be required under Article 368(2) of the Constitution of India.

What are the proposed amendments?

1) Article 83(2) - Duration of the House of People (Lok Sabha).

Proposed amendment: The five-year period would hereinafter be referred as the full term.

2) Article 83(3)

Proposed amendment: Where the House of People is dissolved sooner than the expiry of its full term, the period between its date of dissolution and five years from the date appointed for its first meeting shall be referred to as its unexpired term.

3) Article 83(4)

Proposed amendment: Notwithstanding anything in Article 83(2), where the House of the People is dissolved sooner than the expiry of its full term, the next House of the People constituted pursuant to elections occasioned by such dissolution, unless sooner dissolved, shall continue for such period as is equal to the unexpired term of the immediately preceding the House of the People and expiration of the term shall operate as a dissolution of the House.

Explanation:

i) The House of the People constituted in sub-article (4) shall not be a continuation of the previous House of the People. All the consequences of dissolution shall apply to the House of the People referred to in sub-article (3).

ii) The election for constituting the House of the People for its unexpired term shall be referred to as a mid-term election, and the election held after the expiry of the full term shall be referred to as the General election.

4) Article 172(1) - Duration of the State Legislature.

Proposed amendment: Five- year term would hereinafter refer to as full-term.

5) Article 172(3)

Proposed amendment: Where the State 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.

6) Article 172(4)

Proposed amendment: Notwithstanding anything contained in Article 172(1), where the State Legislative Assembly is dissolved sooner than the expiry of its full term, and a new State Legislative Assembly is constituted pursuant to elections occasioned by such dissolution, then such new State Legislative Assembly unless sooner dissolved, shall continue for such period as is equal to the unexpired term of the immediately preceding State Legislative Assembly and the expiration of this period shall operate as a dissolution of the Assembly.

Explanation: The State Legislative Assembly constituted as referred to in sub article (4) shall not be a continuation of the previous State Legislative Assembly and all the consequences of dissolution shall apply to the State Legislative Assembly referred to in sub-article (3).

7) Article 82A(1)

Proposed amendment: The President of India may by notification issued on the date of the first sitting of the House of the People after a General Election, bring into force the provision of this Article, and that date of the notification shall be called the appointed date.

8) Article 82A(2)

Proposed amendment: Notwithstanding anything in Article 83 and 172, all the State Legislative Assemblies constituted in any General Election held after the appointed date shall come to an end on the expiry of the full term of House of the People.

9) Article 82A(3)

Proposed amendment: Notwithstanding anything in this Constitution or any law for the time being in force, and after the expiry of the full term referred to in sub-article (1), the Election Commission shall conduct General Elections to the House of the People and the Legislative Assemblies simultaneously and the provisions of Part XV of the Constitution shall apply to these elections mutatis mutandis with such modifications as may become necessary and which the Election Commission may by Order specify. 

Explanation: The expression “simultaneous elections” shall mean General Elections held for constituting the House of the People and all the Legislative Assemblies together.

10) Article 82A(4)

Proposed amendment: If the Election Commission is of the opinion that the elections to any Legislative Assembly cannot be conducted at the time of the General Election, it 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.

11) Article 82A (5)

Proposed amendment: Where the elections to a State Legislative Assembly is deferred under sub-article (3), then notwithstanding anything contained in Article 172, the full term of the Legislative Assembly shall end on same date as the end of the full term of the House of the People constituted in the General Election.

12) Article 324A - Article 324 deals with superintendence, direction and control of elections to be vested in an Election Commission.

Proposed amendment: Notwithstanding anything in Article 243E and 243U, Parliament may by law make provision for ensuring that the elections to municipalities and panchayats are held simultaneously with the General Elections, and for this purpose, make provisions as may be necessary including provisions for determination of the term of the municipalities and panchayats sooner than the expiry of five years from the date appointed for their first meeting, and for limiting the term of such municipalities and panchayats constituted under a mid-term election to the unexpired period of their term until the next General Elections.

13) Article 325(2) - Article 325 says no person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.

Proposed amendment: Notwithstanding anything in sub-article (1), on and from the date notified by the President, there shall be 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. No person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

14) Article 325(3)

Proposed amendment: On and from the date of the notification referred to in sub-article (2) above, notwithstanding anything contained in Articles 243K and 243ZA and Article 324, the electoral rolls referred to in sub-article (2) shall be made by the Election Commission in consultation with the State Election Commissions established in the states. The electoral roll prepared under this sub-article shall substitute any electoral roll prepared earlier by either the Election Commission under Art 325 or the State Election Commissions under Article 243K and Article 243ZA.

15) Article 327 - This Article deals with the power of Parliament to make provision with respect to elections to Legislatures.

Proposed amendment: After the words “delimitation of constituencies” the words “conduct of simultaneous elections” to be added.

Proposed consequential amendments in the Statutes of Union Territories having Legislative Assemblies

1) Duration of the Legislative Assembly of National Capital Territory of Delhi (NCTD) under Section 5 of Government of National Capital Territory of Delhi Act, 1991 (NCTD, 1991).

2) For the State Assembly of Puducherry, the amendments regarding the duration of the Legislative Assembly of Union Territory under Sections 5 of The Government of Union Territories Act, 1963.

3) For the State Assembly of Jammu & Kashmir, the amendments regarding the duration of Legislative Assembly of Union Territory under Section 17 of the Jammu & Kashmir Reorganisation Act, 2019.