Mentor’s Comment: UPSC mains have always focused on topics like ‘Election Commission of India’ (2022) and ‘Simultaneous Elections’ (2024).

The current political landscape in India faces significant challenges that threaten the foundational principles of federalism and democracy. Issues such as financial centralization, proposed electoral reforms, and the misuse of Constitutional provisions are central to this discourse

Today’s Editorial focuses on Electoral Reforms and the recent initiatives taken by the government. This content can be used for presenting the main answer while talking on ‘Centralization issues’ and ‘Federal challenges faced by Democratic Elections’.

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Let’s learn!

Why in the News?

The proposal for ‘One Nation and One Election’ have cited several administrative and fiscal efficiencies in the recent Parliamentary debates.

Key Takeaways from the Constitution (129th Amendment) Bill and the Union Territories Laws (Amendment) Bill. 

• Scope of Simultaneous Polls: It applies only to Parliament and state Assemblies, excluding municipal corporations. Municipal elections are excluded to avoid the need for ratification by at least half of the state legislatures, a more complex process.
  • The simultaneous polls may begin with the 2034 election cycle, assuming the 18th and 19th Lok Sabhas complete full five-year terms.
  • The Bills include provisions for situations where mid-term elections might be required at the state or central level.
• The Bill proposes changes to three existing articles through Constitution (129th Amendment) Bill, 2024.
  • It amends Articles 83 (duration of Houses of Parliament), 172 (duration of state legislatures), and 327 (power of Parliament to make provisions with respect to elections to Legislatures).
  • A new provision (Article 82A, clauses 1-6) is introduced to enable simultaneous elections. This article pertains to delimitation and provisions are as follows:
  • Article 82A (1) the President can notify the appointed date for the changes after the first sitting of the Lok Sabha following a general election.
  • Article 82A (2): Assemblies elected after the appointed date but before the Lok Sabha’s term ends will have their terms curtailed to align with the Lok Sabha’s full five-year term.
  • Article 82A (3): The ECI is tasked with conducting general elections for the Lok Sabha and all Legislative Assemblies simultaneously.
  • Article 82A (4): Simultaneous elections are defined as “general elections held for constituting the House of the People and all the Legislative Assemblies together.”
  • Article 82A (5): The ECI may recommend postponing a particular Assembly election if it determines simultaneous elections are not feasible. The President can then issue an order for those elections to be conducted separately.
  • Article 82A (6): If an Assembly election is deferred, the term of that Assembly will still end with the full term of the Lok Sabha elected in the general election.
• Proposed Amendments to Lok Sabha’s Term and Dissolution: Changes to Article 83 are supposed to be made wrt Lok Sabha’s term adjustment that prescribes a fixed five-year term for Lok Sabha unless dissolved earlier. If Lok Sabha is dissolved before completing its full term, the next Lok Sabha will only serve the unexpired period of the original term.
  • For Example, if Lok Sabha is dissolved after 3 years and 2 months, the subsequent Lok Sabha will serve the remaining 22 months.
  • Amendments to Article 327: Article 327 gives Parliament the authority to legislate on matters related to elections, including electoral rolls and delimitation of constituencies. The amendment proposes adding “conduct of simultaneous elections” to this list. This ensures Parliament can make provisions to align elections for both Houses of Parliament and State Legislatures.

• Proposed Amendments for State Assemblies changes to Article 172: Similar to Lok Sabha, state Assemblies’ terms will also align with the “unexpired term” provision. If a state Assembly is dissolved before its full term, elections will be conducted for the remaining term of the dissolved Assembly.
• The Union Territories Laws (Amendment) Bill, 2024: The Union Territories are governed under a separate constitutional scheme that is different from states.
  • The purpose of the Bill  is to align Union Territories with the framework for simultaneous elections and amend the Government of Union Territories Act, 1963 that adjusts to enable synchronized elections in Union Territories.
  • It also proposes to amend the Government of the National Capital Territory of Delhi Act, 1991 and Jammu and Kashmir Reorganisation Act, 2019 to include them within the simultaneous election framework.

What is the historical context of Simultaneous Elections in India?

Simultaneous elections in India have historical roots, having faced disruptions due to political and constitutional developments.

• First Elections (1951-52): The ECI held simultaneous elections for the Lok Sabha and State Assemblies. This practice persisted through three subsequent general elections in 1957, 1962, and 1967.
• Disruption of the Cycle: The imposition of President’s Rule under Article 356 marked a significant shift in Union-State relations, undermining state autonomy. This was first applied in Kerala in 1959.
  • Initially Article 356 was deemed as a “dead letter” by Dr. B.R. Ambedkar, eventually, became a tool for political expediency, leading to the dismissal of elected state governments from 1950 to 1994.
  • It has been invoked over 130 times since Independence, distorting its intended purpose and contributing to political instability.
• Judicial Intervention: The S.R. Bommai case aimed to restore federal rights and limit arbitrary actions by Governors, yet misuse persists. This is where the proposition put forward by the ONOE to align State election cycles with that of the Lok Sabha gets deeply problematic.
  • In fact, the proposal goes all the way to make amendments in the Constitution, particularly in Articles 83 and 172, which guarantee a five-year term for Parliament and State Assemblies. 

What needs to be addressed?

• Address the Misuse of Power and Federal Character: There is a need to tackle the misuse of Article 356 provision, which has implications for State autonomy. A unified electoral cycle could undermine State autonomy and dilute democratic governance.
• Strengthening Anti-Defection Laws: Reforms are necessary to ensure political stability within State governments. The Constitution recognizes the diversity and plurality of India, making federalism essential. Ensuring that State governments remain stable is vital for effective governance.
• Risks of Hasty Implementation: Implementing ONOE without necessary systemic reforms could threaten the Constitution’s basic structure and exacerbate existing vulnerabilities rather than resolve them.
  • For Example, historical instances, such as the malfunctioning fax machine incident in Jammu and Kashmir, highlight the fragility of institutional processes in India.

Way Forward: To achieve true democratic governance, it is imperative to commit to the principles of federalism and strengthen State governments as equal partners in India’s federal polity. ONOE should not be seen as a mere procedural change but as part of a broader commitment to reform and accountability within the constitutional framework.

https://www.thehindu.com/opinion/lead/the-looming-threat-to-federalism-and-democratic-tenets/article69058650.ece