The Union Cabinet on Wednesday approved the high-level committee report on simultaneous elections in India. The nine-member committee, chaired by former President Ram Nath Kovind, submitted its report on March 14 this year.
The committee said that there were "overriding advantages" in conducting simultaneous elections -- Parliament, state assemblies and local bodies -- in the country. It argued that the loss of simultaneity "has had a baneful effect on the economy, polity and society."
How will simultaneity be achieved?
According to the Kovind committee, simultaneity could be achieved in two steps. In the first step, simultaneous elections to the House of the People (Lok Sabha) and the State Legislative Assemblies will be held. Second, the elections to municipalities and panchayats will be synchronised in such a way that they are held within hundred days of holding elections to the Parliament and state assemblies.
When will simultaneity begin?
Though no time has been fixed, the report introduces a term called 'Appointed Date', which is nothing but the starting point of simultaneous elections in India. This would be the first day of the sitting of a newly-constituted Lok Sabha. It could be 2029 or 2034, or any date in between or even later. Whatever the chosen date, the transition to the new system begins from that date.
In this transition period, the duration of many state assemblies would be undermined. This is because all state assemblies elected after this 'Appointed Date' will last only till the full term of the Lok Sabha that heralded the 'One Nation One Election' process.
Say for instance, the 'Appointed Date' is May, 2029. If a state election takes place in 2031 (like Kerala's will probably be), under the simultaneous system it can last only till 2034, the full term of the Lok Sabha that began the simultaneous election process. Meaning, the state Assembly's tenure would be limited to just two years.
Will state governments exist for more than five years?
That state elections would be held after the ‘Appointed Date’ is an indication that, contrary to speculations, no state will get a ‘full term’ that exceeds five years during the transition period.
Assume the ‘Appointed Date’ as 2029. If the Kerala government that is formed after the 2026 state elections lasts its full term, the next elections will be held after the ‘Appointed Date’, in 2031. Meaning, the government that is formed after the 2026 polls will be allowed only its full term of five years, and nothing more.
However, the Kerala government that is formed in 2031 will get just two-and-a-half or three years, till 2034, the full-term of the supposed transition year of 2029.
What if House is dissolved before five years?
The report introduces two terms: 'mid-term election' and 'unexpired term'.
A House -- Parliament or state assembly -- could be dissolved before completing its full term of five years, either as a result of a hung verdict or as a fallout of a no-confidence motion. The elections that will be held as a result would be called 'mid-term elections' as opposed to 'general elections'.
The House that is convened after the 'mid-term elections' would last only for the 'unexpired term' or the remaining period of the 'full term' of the House that was disrupted.
Say a Lok Sabha or a state assembly was formed in 2031. If its life is cut short by the end of 2032, the House formed in the middle of 2033 after a 'mid-term election' will last only till 2036, the full term of the House formed in 2031. The same is applicable to local bodies, too.
In short, there are chances that even a government with absolute majority will not enjoy five years in office.
What are the constitutional amendments required?
For conducting simultaneous elections, a Constitution Amendment Bill will have to be introduced in Parliament amending Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures). These amendments will not need ratification by the states.
Nonetheless, the ratification by states are necessary for other constitutional changes like the introduction of Article 324A for enabling simultaneous elections in local bodies. And also the amendment to Article 325 for enabling Single Electoral Roll and Single Elector’s Photo Identity Card. Consent of states are required as these changes touch upon state subjects.
How have political parties responded?
Among the six national parties, only two are for the proposal: The BJP and its supporter, the National People's Party led by Conrad Sangma. The other four -- Aam Aadmi Party (AAP), Bahujan Samaj Party (BSP), the CPM and Indian National Congress -- are against.
Among the 28 recognised state parties, 11 are for, seven against and 10 have not responded.
Parties in favour: All India Anna Dravida Munnetra Kazhagam (AIADMK), All Jharkhand Student Union (AJSU), Apna Dal (Soney Lal), ASOM Gana Parishad, Biju Janata Dal, Janata Dal (United), Lok Jan Shakti Party (R), Mizo National Front, Nationalist Democratic Progressive Party, Shiv Sena, and Sikkim Krantikari Morcha.
Parties opposed: All India United Democratic Front, All India Trinamool Congress, All India Majilis-EIttehadul Muslimeen (AIMIM), Communist Party of India (CPI), Dravida Munnetra Kazhagam (DMK), Naga People's Front (NPF), and Samajwadi Party.
Parties that have not responded: Bharat Rashtra Samiti (BRS), Indian Union Muslim League (IUML), Jammu And Kashmir National Conference, Janata Dal (Secular), Jharkhand Mukti Morcha, Kerala Congress (M), Nationalist Congress Party (NCP), Rashtriya Janata Dal, Rashtriya Loktantrik Party, and Revolutionary Socialist Party.
Chandrababu Naidu's Telugu Desam Party had not responded to the committee but recently said it was for simultaneous polls.
What are the gains of simultaneity?
The high-level committee emphasises four benefits. One, promotes consistency and stability in governance. It says that the biggest casualties of frequent elections are development and governance and the delay in policy-making owing to the imposition of the model code of conduct. "In a span of five years (2019-2023), the country went through one general election and thirty elections for the various State Legislative Assemblies," the report said.
Two, it can reduce the diversion of government resources. "It is seen that substantial government machinery, officials, teachers, civilian personnel and other staff of public institutions are involved in the smooth conduct of elections. This entails the diversion of their attention from their core responsibilities," the report says.
Three, continued relevance of regional parties. The report notes that regional parties have a significant presence in India. "When regional parties effectively highlight local concerns to the electorate, voters would not be swayed by only national issues in the event simultaneous elections are held," it says.
Four, higher voter turnout and lower voter fatigue. The report cites studies that have concluded that separate elections were discouraging the greater participation of the electorate in the democratic process.
