The Indian government has taken the first step to implement the Bharatiya Janata Party’s (BJP) long-standing proposal for simultaneous elections for the Lok Sabha and state assemblies. Known as the ‘One Nation, One Election’ initiative, the proposal aims to streamline electoral processes and reduce governance disruptions caused by frequent elections.
Law Minister Arjun Ram Meghwal introduced two bills in the Lok Sabha on Tuesday, December 17, marking the preliminary stage of this significant electoral reform.
Recommendations and background
The bills were presented with the suggestions of a High-Level Committee under former President Ram Nath Kovind. The Committee submitted its report in March 2024, where it recommended aligning elections to help avoid administrative and logistical disadvantages arising from challenges like legal amendments and political consensus.
Simultaneous elections scope and timeline
Current focus: The proposal currently focuses on simultaneous elections for the Lok Sabha and state Assemblies. Municipal elections are excluded to avoid complications requiring ratification by half of all state legislatures.
Implementation schedule: Implementation will be earliest at the 2034 election cycle. The Constitution Amendment Bill explicitly mandates that the provisions would operate only after the first sitting of the Lok Sabha elected in the year 2029 under the assumption that both 18th and 19th Lok Sabha completed their complete five-year terms.
Legislative and constitutional changes
The two Bills presented are intended to harmonise the election cycles and provide for the practical exigencies of mid-term elections. They seek to amend relevant provisions in the Constitution and Acts dealing with union territories.
Constitutional amendments: Main proposals
Introduce Article 82A: A new article that provides the scheme for the simultaneous elections.
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Clause 1: Declares that the President will decide when these provisions will be enforced, in relation to the date of the first sitting of an elected Lok Sabha.
Clause 2: Ensures that all Assemblies formed through elections after implementation complete their terms with the Lok Sabha even if their five-year period gets shortened.
Clause 3: Empowers the Election Commission of India (ECI) to conduct the elections.
Clause 4: Simultaneous elections are defined as concurrent polls for Lok Sabha and all state Assemblies.
Clause 5: Provides flexibility if the ECI finds that holding some Assembly elections with the Lok Sabha is not possible.
Dealing with mid-term dissolutions
The Bills also deals with situations when the governments fall before completing their term:
A mid-term dissolution of Lok Sabha would result in elections for the remainder of its term, not a full five-year term.
Likewise, dissolved state Assemblies will also have elections for their unexpired terms in tune with Lok Sabha. The Bill requires the amendment of Article 83 (for Lok Sabha) and Article 172 (for state Assemblies).
Amendments to Article 372
The Bills add to Parliament’s powers the ‘conduct of simultaneous elections’ alongside other existing powers like delimitation and preparation of electoral roll.
Union Territories Laws (Amendment) Bill, 2024
This second bill amends:
Government of Union Territories Act, 1963
The Government of National Capital Territory of Delhi Act, 1991
The Jammu and Kashmir Reorganisation Act, 2019
Through these amendments, the framework of simultaneous elections becomes prevalent in union territories also. Consequently, uniformity is presented concerning electoral processes.
Challenges and the way forward
The Constituent Amendment Bill requires getting passed with special majority through both Houses of Parliament, as per Article 368 of the Constitution.
More than 50 per cent of the total members in either House must support it and two-thirds of the members present and voting in favour of the amendment.
State-level implications of ONOE
Municipal and panchayat elections are exempted from this reform to avoid further ratification processes. This makes the legislation process less complicated at the preliminary level.
Simultaneous elections may also mean cutting short the terms of some Assemblies. For example, Assemblies whose elections are out of phase with Lok Sabha elections will have their terms accommodated accordingly.
Postponed assembly elections
Article 82A(5) allows the ECI to postpone Assembly elections in specific cases. In case postponed, the term of the Assembly would still be at par with the end of the Lok Sabha.
Impact of ‘One Nation, One Election’
Cost efficiency: The consolidated activities of polling in an election would reduce expenses for elections.
Improved governance: A smaller number of elections result in less disturbance of policymaking and focus by administrators.
Increased voter turnout: Consolidating elections could facilitate easy and increased voting.
Democratic representation: Curtailing a term of elected government seems to go against the concept of an electoral mandate.
States’ challenges: Conducting statewide elections along with nationwide would undermine the states’ independence
Administrative hurdles: Coordinating polls through a large, geographically diverse country like India seems to be difficult for ECI.
The ‘One Nation, One Election’ proposal is a bold step towards electoral reform in India. Although promising cost-cutting and administrative efficiency, it raises many questions regarding federalism, representation, and feasibility. There must be political consensus at every step of the legislative process. The year 2034 may well be a landmark for India's democratic processes if the foundations laid by these Bills can stand the test of legal, logistical, and political scrutiny.