Paper: GS – II, Subject: Polity, Topic: Elections, Issue: Simultaneous Elections.
Context:
The Union Law Ministry and the 23rd Law Commission have presented their views before the Joint Parliamentary Committee (JPC), arguing that synchronising elections does not violate the Constitution’s basic structure, does not undermine federalism, and is permissible through constitutional amendment.
Key Takeaways:
| What are Simultaneous Elections? About: Simultaneous elections (One Nation, One Election) refer to conducting elections for the Lok Sabha and all State Legislative Assemblies at the same time. This does not mean voting happens across the country on the same day, polls can still be held in phases. |
Law Commission’s Perspective:
- Basic Structure: The Law Commission believes the Bills enabling simultaneous elections to the Lok Sabha, State, and Union Territory Assemblies do not disturb the basic structure of the Constitution.
- Ratification: The Bills do not require ratification by states as they do not propose changes to subjects under Article 368 (2), clauses (a) to (e), which necessitate state ratification.
- Model Code of Conduct: The commission does not find it necessary to give statutory recognition to the Model Code of Conduct
Union Law Ministry’s Perspective:
- Constitutional Validity: The Union Law Ministry, in its submission to the Joint Parliamentary Committee (JPC), asserts that the proposed framework for simultaneous elections does not violate the Constitution’s basic structure or infringe upon the federal structure.
Curtailing Tenure:
- The Ministry argues that curtailing the tenure of a government does not undermine the voter’s right to elect a government for five years.
- Articles 83(2) and 172(1) of the Constitution explicitly state that the term of the Lok Sabha and State Assemblies shall be five years “unless sooner dissolved.”
- This phrase was deliberately incorporated to allow for premature dissolution under certain circumstances.
- The Ministry emphasizes that the five-year tenure is not sacrosanct or part of the basic structure.
- It cites the 42nd Constitutional Amendment (1976), which extended the tenure of legislatures to six years, later restored to five years through the 44th Amendment, as a precedent.
- The Ministry argues that if the tenure could be extended by Constitutional Amendment, a one-time curtailment to synchronize elections cannot be said to violate the basic structure.
Kesavananda Bharati Judgment: The Ministry maintains that the Bills do not erode the principle of separation of powers or federalism, as defined in the Supreme Court’s landmark Kesavananda Bharati judgment.
Voter’s Rights:
- Mid-term elections do not limit the plenary power of the electorate to elect representatives.
- The right to vote and contest elections, while secured under Article 326, are not fundamental rights.
Election Commission’s Powers:
- The Ministry states that the Election Commission already enjoys autonomy under Article 324.
- It has the authority to schedule elections under Sections 14 and 15 of the Representation of the People Act, 1951.
Objectives: The Ministry underscores that simultaneous elections aim at reducing the frequency of polls and associated expenditure without compromising constitutional principles.
23rd Law Commission’s view on Election Synchronisation Bills:
Both the Law Ministry and the Law Commission argue that simultaneous elections are constitutionally feasible, administratively beneficial, and do not violate basic structure principles. The primary justification remains efficiency reducing election frequency, cost, and governance disruption.
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