Opportunity for simultaneous polls in 2024, take political parties on board: Ex-CEC Rawat

PTI, Oct 30, 2022, 9:55 AM IST

As India remains perpetually in a poll-mode, the idea of “one nation, one election” is gaining currency among stakeholders, but experts say any shift from the current electoral system would require multiple constitutional amendments.

Prime Minister Narendra Modi himself has pushed for simultaneous holding of Lok Sabha and state Assembly elections, while key bodies like the Election Commission (EC), the Law Commission and the Niti Aayog have also found merit in the idea given the enormous economic costs of separate polls.

With one or other election being held at regular intervals, all political parties remain in poll-mode all the time. The Bharatiya Janata Party (BJP) has enthusiastically backed the idea of simultaneous polls, while the Congress has adopted a cautious approach. However, some political parties and analysts have been lukewarm to the key electoral reform.

Former Chief Election Commissioner (CEC) OP Rawat has supported the idea of holding Lok Sabha and state Assembly polls at the same time every five years, but maintained all political parties should be taken into confidence before moving ahead.

“The EC had submitted a detailed plan on ‘one nation, one election’ to the government earlier. I believe polls for Lok Sabha and state Assemblies can be held simultaneously as was the case prior to 1970,” Rawat told PTI.

“This can be done by taking all political parties on board by the ruling party and making constitutional amendments with consensus among stakeholders,” he said.

Moreover, the Law Commission, in a draft report released on August 30, 2018, and the NITI Ayog, in its Discussion Paper, had given a detailed plan on how to conduct simultaneous elections with a recommendation to start the process from 2019 general elections, he said.

“The opportunity that existed in 2019 will be now again available in 2024 (when parliamentary polls are due) for conducting simultaneous elections as recommended by the Law Commission and suggested by the NITI Ayog,” Rawat said.

However, senior political analyst Girija Shankar finds the idea of ‘one nation, one election’ “impractical” in the current circumstance.

“It is not feasible as holding simultaneous polls will require huge resources, especially deployment of security forces, which is not possible in the present scenario,” he said.

Shankar said even now, it is not possible to hold single-phase election in a big state.

“The EC is unable to conduct elections in a single phase in many states, especially large ones, where polling takes place in four to five phases because of security reasons,” the analyst pointed out.

Shankar maintained there are practical issues in holding state Assembly and parliamentary polls in sync.

“May be the government can do it by amending the Constitution and curtailing the tenure of Assemblies, but from where they will bring such a large number of security personnel for deployment in states.

“Moreover, from where they will get EVMs (electronic voting machines) and supporting ballot units for conducting simultaneous polls,” he asked? The Law Commission, in its 2018 draft report, has said simultaneous elections cannot be held within the existing constitutional framework.

Synchronized polls to Lok Sabha and state Legislative Assemblies may be conducted through appropriate amendments to the Constitution, the Representation of the People Act 1951 and the Rules of Procedure of the Lok Sabha and state Assemblies, it said.

The law panel has recommended three ways to synchronise elections in India.

The commission recommended for advancing or postponing election schedule in certain states so that voting can take place for all state Assemblies and the Lok Sabha at one go in 2019 (now 2024 – for reference purpose not part of draft report).

It noted that elections in five states (Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim and Telangana) due in 2019 (now 2024 – for reference) can be held alongside the Lok Sabha polls.

Similarly, the Law Commission suggested that elections in four states (Chhattisgarh, Madhya Pradesh, Mizoram and Rajasthan) due in 2018 (now 2023) and early 2019 (now 2024) can be synchronized with the Lok Sabha polls by amending the Constitution.

If there is a political consensus, polls for four Assemblies – Haryana, Jharkhand, Maharashtra and Delhi – can be held along with the Lok Sabha elections if these states voluntarily dissolve their houses prematurely or if it can be done through operation of law, it said.

For the remaining 16 states and Puducherry (as per 2018 report), the Law Commission recommended that elections there may be conducted towards the end of 2021 (now 2026).

The term of these assemblies will be 30 months or till June 2024 (now 2029), whichever is earlier. But this will require a constitutional amendment since the terms of different assemblies will either need to be curtailed or extended, it said.

The law panel also said if simultaneous polls cannot be conducted, then all elections due in a calendar year should be held together.

Referring to the issue of no-confidence motion, which if passed may curtail the term of the Lok Sabha/state Assembly, the Law Commission recommended replacing such a move with a ‘constructive vote of no-confidence’ through appropriate amendments.

In a constructive vote of no confidence, the government of the day can be removed from office only if there is confidence in an alternate government, it said.

In the event of a hung House, the Law Commission recommended that if no party secures a majority, the President/Governor should give an opportunity to the single largest party along with their pre or post-poll allies to form a government.

If a government is still not formed, an all-party meeting may be called to resolve the stalemate and if that also fails, mid-term elections can be held and the new Assembly/Lok Sabha should be constituted only for the remainder of the existing term and not for fresh five years, the Law Commission recommended.

The panel recommended appropriate amendments to anti-defection laws to ensure all disqualification issues (related to cross-over by lawmakers) are decided by the presiding officers within six months.

Former CEC Rawat said the concept of simultaneous elections was not new as Lok Sabha and state Assembly polls were held together between 1951 and 1967.

The process got derailed for the first time due to premature dissolution of some Legislative Assemblies in 1968 and 1969, the retired bureaucrat pointed out.

Besides, the fourth Lok Sabha was dissolved prematurely and fresh elections were held in 1971 and the term of the fifth Lok Sabha was extended till 1977 under Article 352 (which deals with proclamation of Emergency), the former CEC said.

After that, due to many subsequent instances of dissolution of Lok Sabha and state Assemblies before expiry of their term, the cycle of simultaneous polls got totally disrupted, he said.

Madhya Pradesh Congress general secretary J P Dhanopia said his party was not opposed to the idea of synchronized polls, but they should be held simultaneously in the entire country and not in a selective manner.

Elections should be held simultaneously in all BJP-ruled as well as opposition-governed states together, he said.

“But the idea is not feasible as it requires huge resources and manpower, especially providing security during polls in the entire nation,” he said.

Madhya Pradesh BJP spokesman Pankaj Chaturvedi said ‘one nation, one election’ is a very good idea.

The government should amend the Constitution to make it a reality as frequent elections (whose announcement triggers model code of conduct) disrupt development activities in a major way, he said.