The EC may be ready for simultaneous polls but the Govt itself is indecisive about it, knowing the difficulties of handling hung Assemblies simultaneously
Replying to a private news channel’s query on “one nation, one election”, Chief Election Commissioner (CEC) Sunil Arora pithily said that the Election Commission was ready for it if the legislature (Parliament) carries out the necessary (constitutional) amendments. The Election Commission was not authorised to decide on it, he clarified.
The amendments that the CEC was referring to were perhaps Article 83 (2) and 172 of the Constitution of India which pertain to durations of the House of People and State Assemblies, respectively. At present, they enjoy a term of “five years from the date appointed for its first meeting”. At any given time, different State Assemblies would be in different stages of their life cycle. No elected Government would voluntarily like to give up the term even a day earlier than is absolutely necessary. However, at present, the President of India under Article 85 (2) (b) can dissolve the Lok Sabha. The Governor of a State, under Article 174 (2) (b), can dissolve a legislative Assembly.
Prime Minister Narendra Modi’s idea of simultaneous elections is apparently more comprehensive. The BJP’s election manifesto, “Sankalp Patra-2019”, pitches for simultaneous elections to Parliament, State Assemblies and local bodies with a view to “reducing expenditure, ensure efficient utilisation of the Government’s resources and security forces, and effective policy planning”. The manifesto states that the BJP will try to build consensus on this issue with all political parties. However, no attempt at “consensus building” appears to have been undertaken by it so far.
The Election Commission of India’s authority to conduct elections extends over the House of People (the Lok Sabha), Council of States (the Rajya Sabha), State legislative Assemblies, legislative Councils, the President and the Vice-President of India and so on. It has been constituted under Article 324 of the Constitution of India. The offices of the Chief Electoral Officers in all States and Union Territories are part of the Election Commission. The election to local bodies like panchayats and municipal corporations/ municipalities, on the other hand, are conducted by the State Election Commissions constituted under Article 243K. Moreover, panchayats and municipalities also enjoy five-year duration under Articles 243 E and 243 U, respectively, of the Constitution of India. However, there are no clear-cut constitutional provisions to dissolve these local bodies prematurely.
In 2015, the department-related Parliamentary Standing Committee of Personnel, Public, Law and Justice had examined the issue of “Feasibility of Holding Simultaneous Elections to the House of People (Lok Sabha) and State Legislative Assemblies”. From Report No.79 of the Standing Committee — tabled in both Houses of Parliament — on December 17, 2015, it appears that political parties were divided on the subject. In their written submissions, the AIADMK, DMDK, Asom Gana Parishad, the Indian Union Muslim League and the Shiromani Akali Dal supported the idea, though with certain riders. On the other hand, the Indian National Congress, Trinamool Congress, the NCP, the CPI and the AIMIM opposed the idea as impractical.
The first general elections to the Lok Sabha and to the State Assemblies were held simultaneously in 1952. The practice continued in three subsequent elections in 1957, 1962 and 1967. However, the synchrony got disturbed due to the premature dissolution to some legislative Assemblies in 1968 and 1969. Later, the term of the Fifth Lok Sabha was extended until 1977 under Article 352. Thereafter, the Sixth, Seventh, Ninth, Eleventh, Twelfth and Thirteenth Lok Sabha were dissolved prematurely. On numerous occasions, various States went under the President’s rule under Article 356, and came out of it at different times through fresh legislative elections.
The committee found that seven out of 16 Lok Sabhas elected in 1969, 1977, 1980, 1984, 1996, 1998 and 1999 witnessed premature dissolution. The Anti-Defection Act, 1985, that prevented switchover by breakaway factions in case the Government loses majority, has a direct bearing upon the term of the legislature.
Putting the clock back to 1952 might not be easy. But a more important question is, how desirable would it be? The proposal comes with attendant logistical and expenditure challenges. In terms of numbers, the Election Commission of India has Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) machines in excess to the number required for the Lok Sabha elections. In reply to a question in the Lok Sabha (vide unstarred question 1911 dated July 3, 2019), Law Minister Ravi Shankar Prasad informed the House that 14.88 lakh Ballot Units and 11.3 lakh Control Units (constituting an EVM) and 11.59 lakh VVPAT machines were used in the 2019 general elections. The Election Commission has 23.3 lakh Ballot Units, 16.35 lakh Control Units and 17.4 lakh VVPAT machines, including those blocked in election petition cases. A majority of these were procured over the preceding three years. In reply to another question (vide unstarred question 5198 dated July 24, 2019), the Minister replied that the Election Commission had procured 13.95 lakh Ballot Units and 10.55 Control Units between 2016 and 2019 at an estimated cost of Rs 2056.20 crore (excluding taxes and transport).
The Election Commission knows the template of handling simultaneous elections. The 2019 general elections were held simultaneously along with elections to four legislative Assemblies like Andhra Pradesh, Sikkim, Arunachal Pradesh and Odisha. However, the Election Commission’s inventory of EVMs and VVPAT machines, though in excess to the requirement for general elections, might be quite insufficient for holding simultaneous elections all over India. The older EVMs, which have outlived their lifespan, have to be retired and replaced. This would mean (a) significant enhancement, if not doubling, in the number of EVMs and VVPAT machines available; (b) augmenting storage facilities for these during elections (strong rooms) and permanently (warehouses).
The Standing Committee concluded that simultaneous elections are not feasible in the near future. However, citing that under Sections 14 and 15 of the Representation of the People Act, 1951, the Election Commission can notify elections to the Lok Sabha and State legislative Assemblies six months prior to the end of their natural term, it suggested holding elections in two phases. It implied that elections to some legislative Assemblies could be held along with the Lok Sabha polls, and others in the mid-term of the Lok Sabha. The Standing Committee recommended the plan to be initiated with effect from November 2016. The Government sat over the report for more than two years before sending it to the Law Commission. The Law Commission’s report has not been finalised as of date. In fact, after the 21st Law Commission’s tenure ended on August 31, 2018, there is no clarity about the Law Commission itself. This has recently resulted in a public interest litigation being filed in the Supreme Court.
At present, “one nation, one election” seems more of a rhetoric than a resolution. Even the ruling party knows well that it would be difficult to tackle the situation if simultaneous elections result in hung Assemblies in four or five States simultaneously.
(The writer is an author and independent researcher based in New Delhi. The views expressed are personal.)
