Kovind panel: Develop legally tenable mechanism to restore simultaneous polls
The panel argued the loss of simultaneity in polls after the first two decades of India’s independence has had a baneful effect on the economy, polity, and society
New Delhi: Former President Ram Nath Kovind-led panel constituted last year to study the “one nation, one election” proposal has asked the government to develop a “legally tenable mechanism” to restore the cycle of simultaneous elections, recommending them to Lok Sabha and assemblies in the first step. “In the second step, the elections to Municipalities and Panchayats will be synchronized with the House of the People [Lok Sabha] and State Legislative Assemblies,” said the panel in its 18,626-page report submitted to President Droupadi Murmu.
“...in such a way that elections to Municipalities and Panchayats are held within a hundred days of the holding of elections of the House of the People and the State Legislative Assemblies.”
The panel argued that the loss of simultaneity in polls after the first two decades of India’s independence has had a baneful effect on the economy, polity, and society, citing an examination of all relevant evidence including the macroeconomics analysis. It noted initially two elections were held every 10 and now several elections are held annually, casting a burden on the government, businesses, workers, courts, political parties, candidates contesting elections, and civil society at large.
The panel recommended the tenure of all state assemblies, constituted by elections after the appointed date and before the expiry of the full term of the House of the People, shall be only for the period ending up to the subsequent general elections to Lok Sabha. “Thereafter, all General elections to the House of the People and all State Legislative Assemblies shall be held together simultaneously. For this purpose, the Committee also recommends that an Implementation Group may be constituted which shall look into the execution of the recommendations given by the Committee.”
The Union government constituted the panel in September, years after government think tank NITI Aayog backed the idea of simultaneous state and national polls to remove impediments to governance, policy-making, and developmental activities.
Also Read: BJP backs ‘One Nation, One Election’
The Kovind panel was mandated to 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.
A discussion paper co-authored by Bibek Debroy, the chairman of the Prime Minister’s Economic Advisory Council and a NITI Aayog member from 2015 to 2019, noted that there has not been a single year without an election to either a state assembly or Lok Sabha or both in over 30 years. It added the same situation was likely to prevail.
The paper said the situation leads to massive recurring expenditures as well as prolonged deployment of security forces and manpower, etc. It noted that the adverse impact is both tangible and intangible within the larger sphere of governance.
In addressing logistical concerns, the Committee acknowledged, “the Election Commission of India has submitted detailed requirements of equipment such as EVM, VVPAT, polling personnel, security forces, election materials, etc.” They called for further planning and coordination between central and state electoral bodies to streamline electoral processes.
The report says that four Former Chief Justices of India and a Former Judge of the Supreme Court have unequivocally endorsed simultaneous elections. They said, “separate elections cause a waste of resources, result in policy paralysis, and inflict a huge socio-economic burden on the nation, besides developing fatigue amongst voters.”
Addressing apprehensions about constitutional and democratic implications, the Committee said, “necessary amendments to the Constitution will not be anti-democratic or anti-federal, violate the basic structure of the Constitution, or result in a presidential form of government.” They also dismissed concerns about national party dominance, saying, “the Indian electorate is sagacious enough to differentiate between national and regional issues, as also between national and regional parties.”
There is a proposal for a single Elector Photo Identity Card (EPIC) to be used for elections at all three tiers of government. The Election Commission has submitted detailed logistics and monetary requirements to meet the logistical demands of simultaneous elections.
What happens in case of no confidence or hung assembly?
The HLC addressed potential disruptions to the synchronicity of elections due to premature dissolution of legislative bodies and motions of no-confidence suggesting that fresh polls can be held for the remainder of five-year term.
To address disruptions like hung houses or no-confidence motions, the HLC proposes mechanisms. It suggests that the tenure of the House of the People and State Legislative Assemblies should be defined, ensuring continuity even in cases of premature dissolution.
For the House of the People, the proposal entails fresh elections in the event of dissolution, with the new House continuing for the unexpired term of the previous one. Similar provisions are recommended for State Legislative Assemblies.
