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Polity and Governance

Union Cabinet approves Bills on simultaneous polls



Why in the news?
The Union Cabinet on Thursday (December 12, 2024) approved two Bills related to the implementation of simultaneous elections to the Lok Sabha and State Assemblies, paving the way to introduce the draft legislations in Parliament in the ongoing Winter Session.
Key Takeaways:
One of the Bills is to amend the Constitution to implement simultaneous elections while the other is to amend provisions in laws dealing with Union Territories that have Legislative Assemblies to align their terms with other Legislative Assemblies.
However, if the government introduces a Bill to align local body polls or create a Single Electoral Roll through the Election Commission of India (ECI), it would require ratification by at least half of the state legislatures before being enacted.
WHAT HAS THE RAM NATH KOVIND PANEL SUGGESTED?
The Kovind-led panel, in its 18,626-page report, has suggested implementing the move in two stages. It has suggested simultaneous elections for the Lok Sabha and state assemblies as the first step.
The next step involves synchronising elections to local bodies and municipalities with polls to Lok Sabha and states. This will be done in such a way that the local body elections are held within 100 days of the Lok Sabha polls. This will, however, require approval by not less than one-half of the states.
The committee has recommended 18 constitutional amendments for One Nation One Election to become a reality.
According to sources aware of the developments, the Constitution amendment Bill proposes changes to Article 83, which pertains to the duration of the Lok Sabha; Article 82, which pertains to delimitation; and Article 172, which covers the duration of State Assemblies — all as per the Kovind Committee’s report.
About Simultaneous Elections:
Simultaneous Elections (popularly known as One Nation, One Election) means holding elections to the House of the People, all the State Legislative Assemblies, and local bodies i.e., Municipalities and Panchayats, together
Simultaneous elections do not mean that voting across the country for all elections needs to happen on a single day.
In India, simultaneous elections to the Lok Sabha and Vidhan Sabhas were held in the years 1951-52, 1957, 1962 and 1967.
This cycle was disrupted due to premature dissolution of State Assemblies in 1968-69 and of the Lok Sabha in 1970.
What are the Advantages of One Nation, One Election?
Governance and development: Frequent elections delay development programs due to the Model Code of Conduct (MCC).
Frequent elections affect economic growth, investment decisions and opportunity cost of deferred economic decisions.
Conducting elections to all three tiers of the Government together would avoid disruption of supply chains and production cycles due to migrant workers seeking leave of absence to cast their vote.
High financial burden: Holding simultaneous elections would reduce the massive expenditure incurred for conduct of separate elections every year.
Diversion of human resources: Such as security forces and other electoral officers (like Teachers) from their primary duties for significantly prolonged periods.
Reducing the burden on courts: Fewer elections mean fewer election-related disputes, reducing the workload on courts.
Reducing identity politics: Frequent elections use identity politics, like caste and class stirring division and disrupting societal cohesion.
Voter participation: Staggered elections induce ‘voters’ fatigue’ and present a significant challenge in ensuring their participation.
Challenges and complexities of simultaneous elections:
Overshadowing regional issues: Conducting elections simultaneously to the Lok Sabha and all State assemblies would result in national issues overshadowing regional and State specific issues.
Impact on the Regional parties: Simultaneous elections may create a system where  National political parties would have a significant advantage over regional parties.
Political accountability: Frequent elections hold lawmakers accountable, while fixed terms may provide unwarranted stability without performance scrutiny challenging democratic principles.
Concerns Regarding Federalism: Constitutional Amendments concerning the term of the state legislative assemblies under Article 172 can be carried out without ratification by states. Thus, opinion and say of States is reduced.
Logistical Issues: Organizing ONOE would require significant resources, including a vast supply of electronic voting machines and trained personnel to oversee the process.
What have various Committees Recommended on ONOE?
High level Committee on Simultaneous Elections: The Union Cabinet has recently approved the proposal for simultaneous elections in India, as recommended by the high-level committee led by former President Ram Nath Kovind.The Key Recommendations are-
Phased Implementation: Simultaneous election in two phases-
First Phase: Conduct Lok Sabha and State Assembly elections simultaneously.
Second Phase: Hold local body elections (panchayats and municipalities) within 100 days of the first phase.
Constitutional Amendments: The Kovind committee proposed 15 amendments to the Constitution, requiring two Constitution Amendment Bills.
First Bill: Addresses the transition to a simultaneous election system and allows for fresh elections if a Lok Sabha or State Assembly is dissolved before its term ends. This bill does not require state ratification.
Second Bill: Focuses on local body elections and the establishment of a Single Electoral Roll. This bill will require ratification by more than half of India's states.
New Constitutional Articles:
Article 82A: Proposed to facilitate the transition to simultaneous elections.
Notification by the President marking the "Appointed date."
All legislative assemblies formed after this date will end with the Lok Sabha's full term.
Expands Parliament's power to include conducting simultaneous elections by amending Article 327.
Handling Early Dissolutions:
Amendments to Articles 83 and 172 clarify the terminology of "full term" and "unexpired term" for Lok Sabha and State Assemblies.
Assemblies that replace dissolved ones will serve only for the unexpired term before subsequent simultaneous elections.
Local Body Elections and Electoral Roll:
The second Bill proposes a new Article 324A, empowering Parliament to ensure local elections occur simultaneously with general elections.
A new Article 325(2) introduces a Single Electoral Roll for all elections, to be managed by the ECI, reducing the role of State Election Commissions to a consultative capacity.
Logistical Considerations: The implementation of these recommendations will require extensive planning and coordination among various levels of government to ensure a seamless electoral process.
Earlier Recommendations:
The Law Commission Working Paper (2018):
Amend the Constitution and the Representation of the People Act, 1951, to enable simultaneous elections.
Modify the Anti-Defection Law to prevent stalemates in hung legislatures.
Extend the six-month limit for issuing election notifications for added flexibility.
Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (2015):
The 2015 report emphasized the advantages of synchronized elections for better political stability.
The committee noted that implementing simultaneous elections would need extensive resources, including EVMs and VVPATs, estimated to cost around Rs 9,284.15 crore, while also highlighting significant logistical and constitutional challenges.
National Commission to Review the Working of the Constitution: Their 2002 report advocates for simultaneous elections to promote continuity in governance.
NITI AAYOG: The 2017 Working Paper supports simultaneous elections to streamline the electoral process and strengthen democracy.


IN SHORT:
Holding simultaneous polls was one of the key promises of BJP
Government likely to send bill to a Joint Parliamentary Committee
Views of the Speakers of all state assemblies will be taken

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