Law Ministry Defends its Simultaneous Polls Proposal

Syllabus: G2/Polity and Governance

Context

• The Union Law Ministry said that the proposed framework on simultaneous elections does not violate the Constitution’s basic structure.

Background

• Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment), known as the One Nation One Election Bills were introduced by the Law Minister in 2024.
• The Bills provide for synchronising the Lok Sabha and Assembly elections by curtailing the terms of state assemblies that are elected after a particular Lok Sabha to end with the term of that Lok Sabha.
  • Once the terms of the legislatures align, the next general election will be held simultaneously.
• The bills were referred to the Joint Parliamentary Committee to ensure that the Bills do not disturb the basic structure of the Constitution.
• The JPC will be meeting representatives from the 23rd Law Commission and the Election Commission on December 4.

View of the Union Law Ministry

• Five Year Tenure: Articles 83(2) and 172(1) of the Constitution explicitly provide that the term of the Lok Sabha and State Assemblies shall be five years “unless sooner dissolved.”
  • The Ministry argued this was deliberately incorporated by the framers to allow for premature dissolution under certain circumstances.
• Basic Structure Doctrine: The basic structure doctrine demands that certain fundamental features of the Constitution — such as separation of powers between the organs of the State are a part of the basic structure of the constitution and cannot be amended.
  • The Bills do not erode the principle of separation of powers or federalism.
• Impact only Duration: The Bills affect the duration or frequency of voting and not the right to vote, which does not violate the basic structure.
• Simultaneous elections do not affect the accountability of the government, as Parliamentary democracy ensures that each government remains accountable until the last day.

What are Simultaneous Elections?

• Simultaneous Elections (One Nation One Election) refer to the idea of holding Lok Sabha and State legislative assembly elections together, with the aim of reducing the frequency of elections and their associated costs.
• Simultaneous elections in India to the Lok Sabha and State Legislative Assemblies were held in the years 1951-52, 1957, 1962 and 1967. 
• Thereafter, the schedule could not be maintained and the elections to the Lok Sabha and the State legislative assembly have still not been realigned.

Arguments In Favour of One Nation One Election

• Reduced Expenditure: It will reduce the huge expenditure incurred for conducting separate elections every year.
• Streamlined Process: Managing one election cycle is logistically simpler than conducting multiple elections at different times. This can lead to more efficient use of administrative resources.
• Reduced Model Code of Conduct (MCC) Disruptions: Frequent elections result in prolonged enforcement of MCC, which restricts: new policy announcements, budgetary decisions, welfare schemes & administrative initiatives.
• Direct Accountability: With simultaneous elections, voters can hold parties accountable for both central and state governance at the same time, making it clearer how local and national policies impact their lives.
• Strengthens Cooperative Federalism: A harmonised electoral calendar encourages coordination between the Union and States, ensuring policy stability and reducing political friction from perpetual campaign cycles.

Arguments Against One Nation One Election

• Logistical Challenges: All states and the central government face massive logistical challenges including coordinating the schedules, resources etc.
• Local Priorities: It may help the dominant national party at the cost of regional parties and regions issues can be overshadowed by the national issues.
• Complex Reforms Needed: Implementing simultaneous elections would require significant constitutional amendments and changes to existing electoral laws, posing legal complexities.
• Federalism & State Autonomy: Synchronising terms effectively curtails or extends the tenure of State Assemblies, which undermines the constitutional autonomy of states.

Way Ahead

• Synchronized polls for all 3 tiers of government will improve governance architecture. It will enhance “transparency, inclusivity, ease and confidence of voters.
• The law commission is likely to recommend holding simultaneous polls for all three tiers of the government – the Lok Sabha, state assemblies and local bodies like municipalities and panchayats – starting 2029.

Source: TH