Simultaneous polls ideal, workable formula required: Law Commission draft report
The Union government has constituted a panel led by former President Ram Nath Kovind to study the “one nation, one election” proposal
Holding simultaneous elections would be ideal as well as desirable, but a workable formula is required to be provided in the Constitution, the Law Commission of India concluded in its draft report in August 2018, citing detailed discussions.
The report said the Election Commission of India (ECI) has supported the idea and projected logistical and financial requirements for conducting simultaneous elections. It added the ECI’s analysis of financial implications, logistical issues, the effect of the Model Code of Conduct, and constitutional and legal provisions point to the fact that there is a feasibility of restoring simultaneous elections as they existed during the first two decades of independence.
The Union government has constituted a panel led by former President Ram Nath Kovind to study the “one nation, one election” proposal. The panel will explore the feasibility and the mechanism of going back to having Lok Sabha and state assembly polls simultaneously. These polls were held together until 1967.
The Law Commission called for appropriately addressing the issues of democracy, basic structure, federalism, etc. “Care has also been taken to ensure that the rights of the citizens are not compromised in any manner. Free and fair election is an essential part of a democracy. Even today, premature dissolution of House(s) and mid-term polls are frequent in the country.”
It added holding simultaneous elections by no means affects the democratic set-up of India. “The right to vote or contest elections are statutory/constitutional rights and in no manner could be fundamental rights. Thus, even by the stretch of the imagination, it cannot be argued that holding simultaneous elections would adversely interfere with the basic structure of the Constitution.”
The commission said the process of simultaneous elections does not alter any of the entries on the three lists (over the division of power between the Union and States) contained in the Seventh Schedule of the Constitution. It added it does not interfere with the legislative competence of the Centre or the States.
The Law Commission said the contention that the simultaneous polls would tinker with the concept of federalism is devoid of any merit. “Therefore, the Commission comes to the inescapable conclusion that restoring simultaneous elections will, in no way, affect the basic structure of the Constitution, democracy, and the quasi-federal nature of the Constitution.”
The commission noted that the intent of the government of the day is often questioned whenever it comes to a major change in the system and that this was also true with regard to the idea of simultaneous elections. “There have been allegations and accusations in the media that such a move is politically motivated.”
The commission cited its study that looked into these allegations and concluded that the intent of the legislature(s), as and when a statute is enacted, cannot be questioned. “The issues that may come in the way of simultaneous elections to the House of the People and the State Legislative Assemblies have been examined by the Commission in detail. The Commission widely studied the subject and suggests the ways to (i) achieve synchronisation by constitutional and legal amendments to be carried out; (ii) ensure [the] stability of the Central and State Governments; and (iii) continue with the cycle of simultaneous elections, once synchronisation is achieved.”
