Prime Minister Narendra Modi praised the move as an important step towards making India’s democracy more vibrant and participatory, while the opposition criticised his government, calling the idea impractical and a cheap stunt.
Two-step sync
The Kovind panel has proposed holding simultaneous elections in two phases. The first phase will hold the Lok Sabha and state assembly elections simultaneously, while the second phase will ensure that municipalities and panchayats are polled within 100 days of the Lok Sabha and state assembly elections.
Previous Examples
There have been many occasions in the past when assembly elections have been held in several states simultaneously with Lok Sabha elections. The highest number was in 1967, when 20 states went to polls simultaneously with the national elections to the lower house. The number was 17 in 1977, while it was 14 in 1980 and 1985. However, since 1989, the number of states holding elections simultaneously with Lok Sabha elections has been in single digits.
Different dissolution dates of state assemblies
One of the biggest challenges in implementing ‘One Nation, One Election’ is the varying tenure of different state assemblies. Here is a look at how state assembly elections will be scheduled from 2024 to 2029, assuming the next Lok Sabha election is in 2029 and all state governments complete their full terms.
2024: Lok Sabha elections + 6 states, 1 union territory
2025: 2 states, 1 union territory
2026: 4 states, 1 union territory
2027: 6 states
2028: 10 states
How will these elections be held simultaneously?
The Kovind panel has proposed a one-time temporary measure to hold all these elections simultaneously.
When will the transition provisions come into effect?
The transitional provisions will come into force from the “appointed date”, which will be the date of the first meeting of the Lok Sabha constituted after the general election. The President will bring the transitional provisions into force by notification issued on the “appointed date”.
What happens after that?
Once the transition provisions are implemented, the term of all state assemblies constituted in any election after the “appointed date” will expire on the expiry of the full term of the Lok Sabha, irrespective of when the assembly was constituted. This will result in the Lok Sabha and all state assemblies being ready for a fresh session. simultaneous elections at the end of this term.
How will this coordination be maintained?
Once the term of Lok Sabha and state assemblies is synchronised, the Kovind panel has proposed a number of measures to ensure that there is no disruption in holding simultaneous elections in future. The panel has proposed amendments to the Constitution to incorporate some new concepts and terminology to ensure synchronisation in future elections.
- Full period: Five years from the date appointed for the first meeting of the House of the People or the Legislative Assembly, at the end of which the House shall be dissolved, the period of five years being hereinafter referred to as the full term.
- Unexpired: Where the House of the People or the Legislative Assembly is dissolved before the expiration of its full term, the period of five years between the date of its dissolution and the date appointed for its first meeting shall be treated as the remainder of its term.
- General Elections: The election held after the expiry of the full term shall be called general election.
- Midterm elections: The elections held to constitute a House for the remaining term of the House will be called mid-term elections.
What happens if the Lok Sabha or State Legislative Assembly is dissolved before the completion of its term?
If the Lower House or the Legislative Assembly of a State is dissolved before a period of five years from the date appointed for its first meeting, mid-term elections shall be held to reconstitute the House or the Assembly. However, the term of the House or the Assembly constituted through mid-term elections shall be for the unexpired period of its term.
This will ensure that at the end of five years, the Lok Sabha and all state assemblies will reach the end of their terms at the same time, and prepare for the next general election together.
What if an extraordinary circumstance arises?
If due to any unforeseen circumstances elections to a State Legislative Assembly cannot be held simultaneously at the time of the general election, the Election Commission of India may recommend to the President by an order declaring that elections to that Legislative Assembly may be held at a later date. However, the term of such Legislative Assembly so constituted shall expire on the same date as the full term of the Lok Sabha.
What happens in case of a hung House, no-confidence motion or any other such event?
For Lok Sabha: If the Lok Sabha is dissolved before the expiry of its full term, fresh elections shall be held and the next Lok Sabha so constituted shall, if not dissolved earlier, continue for a term equal to the unexpired term of the immediately preceding Lok Sabha.
For State Assemblies: If a Legislative Assembly is dissolved before the expiry of its term, fresh elections will be held and a new Legislative Assembly will be constituted. This new Assembly, if not dissolved earlier, will cease to exist at the end of the term of the Lok Sabha.
For Municipalities and Panchayats: Mid-term elections to municipalities and panchayats will be held for the remaining term till the next general elections.
How will these proposals be implemented?
The Kovind panel has proposed a Constitution Amendment Bill in Parliament to amend Article 83 (duration of Houses of Parliament) and Article 172 (duration of state legislatures) of the Constitution. This Constitution Amendment will not require ratification by the states.
Another Constitution Amendment Bill will be introduced to insert Article 324A for elections to municipalities and panchayats, which will be passed with the approval of the states.
Similar amendments would be required to be made to Section 5 (Duration of Assembly) of the Government of National Capital Territory of Delhi Act, 1991 for the Delhi Assembly and Section 5 (Duration of Assembly) of the Government of Union Territory Act, 1963 for the Puducherry Assembly. In addition, similar amendments would be required to Section 17 (Duration of Assembly) of the Jammu and Kashmir Reorganisation Act, 2019.
