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Law Commission’s Recommendations for Simultaneous Polls


Why is it in the news?

  • The Law Commission of India has formulated three significant Constitutional amendments to lay the foundation for the ‘One Nation, One Election’ initiative slated for 2029.

More about the news

  • The 22nd Law Commission, led by former Karnataka High Court Chief Justice Ritu Raj Awasthi, proposes the addition of a new chapter in the Constitution focusing on simultaneous polls.
  • Currently, Part XV of the Constitution governs elections, outlining the Election Commission’s role and emphasizing adult suffrage.
  • The anticipated recommendation involves the insertion of a new chapter, named Part XVA, to specifically address provisions for simultaneous polls. This proposed amendment aims to establish a legal framework for synchronized elections at various levels of governance, aligning with the ‘One Nation, One Election’ concept.

Recommendations: Three major Constitutional Amendments

  • While the law panel has not submitted its report to the government, it has made detailed presentations of its likely recommendations before the high-level committee, headed by former President Ram Nath Kovind.

 1) Synchronization of Assembly Elections

  • The Commission’s report advocates for a phased approach towards synchronizing assembly elections across the country in preparation for simultaneous polls by 2029.
  • It proposes two stages of synchronizing assembly elections over the next five years, with the ultimate goal of aligning all state elections with the Lok Sabha polls in 2029.
  • The vision is to hold elections for all levels of governance – from the central government to municipal and panchayat bodies – simultaneously.

2) Sustainability of Simultaneous Polls

  • Addressing concerns regarding the practicality and sustainability of simultaneous elections, the Law Commission suggests a second Constitutional amendment.
  • This amendment would focus on tackling scenarios such as hung assemblies or mid-term government falls.
  • The proposed solution involves attempting to establish an all-party “unity” government in the event of a government collapse during its tenure. If this isn’t feasible, elections would be held for the remaining term before the next cycle of simultaneous polls.

3) Common Voter List

  • The third Constitutional amendment proposed by the Law Commission pertains to establishing a common voter list.
  • Currently, different voter lists are maintained for various types of elections, creating discrepancies and hindrances to universal franchise.
  • The implementation of a common voter list aims to ensure that every citizen has the right to vote across all levels of governance.
About Simultaneous Elections

·       Simultaneous Elections involve the synchronization of Lok Sabha and State legislative assembly elections, intended to reduce the frequency of elections and associated costs.

·       Historically, India conducted simultaneous elections in select years between 1951 and 1967, but maintaining this schedule became challenging in subsequent years.

·       Various governmental bodies, including the Election Commission, Law Commission, and Parliamentary Standing Committee, have supported the concept of simultaneous elections over the years.

·       Reports from entities like NITI Aayog have also advocated for this approach as a means of enhancing governance efficiency.

Arguments For One Nation One Election

·       Advocates argue that simultaneous elections would lead to significant cost savings by eliminating the need for separate election cycles. Further, reduction in election-related expenditure and resources could enhance administrative efficiency.

·       Holding elections simultaneously would free up crucial manpower that is typically deployed for election duties over prolonged periods.

·       With elections less frequently, governments and political parties could shift their focus from campaigning to governance and developmental activities.

Arguments Against One Nation One Election

·       Coordinating the schedules and resources for simultaneous elections across diverse regions poses significant logistical challenges.

·       There are concerns that simultaneous elections could disadvantage regional parties, as national issues might overshadow regional concerns.

·       Conducting simultaneous elections would entail substantial financial costs, including expenses related to infrastructure, security, and administration.

·       Premature dissolution due to a vote of no-confidence could become more complicated to address under a system of simultaneous elections.

Conclusion

·       Given the complex nature of the issue and the potential implications, stakeholders emphasize the importance of a sustained debate among political parties.

·       It’s crucial to reach a consensus before taking any significant steps towards implementing simultaneous elections.

 


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