Six months after the government constituted a committee led by former President Ram Nath Kovind to study the “one nation, one election” proposal, the panel on Thursday recommended a legally tenable mechanism to restore simultaneous elections. The panel was mandated to study the existing framework and recommend amendments to the Constitution, the Representation of the People Act, etc needed for synchronised polls.

What is the panel’s scheme for simultaneous polls?

It has recommended simultaneous polls to the Lok Sabha and the assemblies as the first step. It has then suggested the elections to municipalities and panchayats be synchronised with those for Lok Sabha and assemblies. This is proposed to be done in a way that polls to local bodies are held within 100 days of those to Lok Sabha and assemblies. The panel said implementing step one does not need ratification by the states.

How has the panel defined the changes needed and the modalities involved?

The committee has recommended an amendment to the Constitution to introduce the concepts of full and unexpired terms. The election held in case a House is dissolved sooner than its full term would be considered a mid-term poll. The election held after the expiry of five years would be a general election. Simultaneous polls shall mean general elections for constituting the Lok Sabha and all the state assemblies together.

A full term would mean five years from the date appointed for the first meeting of Lok Sabha or assembly at the end of which they shall be dissolved. A mid-term election would mean the one for constituting a House for its unexpired term. The unexpired term would be for the House dissolved before the expiry of its full term. The period between the date of dissolution and five years from the date appointed for the first meeting of a House shall be referred to as its unexpired term.

If a House is dissolved sooner than five years from the date appointed for its first meeting, a mid-term election would be held for reconstituting it. The term of the House so constituted in a mid-term election would be for the remaining unexpired period of its term. In this manner, the House would reach the end of tenure at the same time at the end of five years and be ready for a general election held simultaneously.

The panel said a one-time transitory measure would be necessary to synchronise all elections. It proposed when Lok Sabha is constituted after the general elections, the President would by notification on the same date as that of the first sitting bring into force the provisions for transition. This date would be called the appointed date.

Once the transition provisions are brought into play, the tenure of all assemblies constituted in any election after the appointed date would end on the expiry of the full term of Lok Sabha, irrespective of when an assembly was constituted. This would result in Lok Sabha and all the assemblies being ready for a simultaneous election at the end of this term. Thereafter, the amendments proposed to the tenure of Lok Sabha and the assemblies will ensure synchronisation is maintained.

What happens if the simultaneous elections to any assembly cannot be conducted at the time of the general elections?

In this event, the Election Commission of India (ECI) may recommend to the President to declare by an order that the election to that assembly may be conducted later. The term of such assembly so constituted shall end on the same date as the end of the full term of Lok Sabha constituted after the general election.

What are the panel’s recommendations for constitutional amendments?

It has suggested an amendment to Article 83 related to the duration of Houses of Parliament, and Article 172 about the tenure of state legislatures. It has recommended the insertion of Article 82A under which the President may by notification issued on the date of the first sitting of Lok Sabha after a general election bring into force the provision and that shall be called the appointed date.

The provision proposes that notwithstanding anything contained in Articles 83 and 172, all the assemblies constituted in any general election held after the appointed date shall end on the expiry of the full term of the Lok Sabha.

“Notwithstanding anything contained in this constitution or any law for the time being in force, and after the expiry of the full term referred to in sub article (1), the Election Commission shall conduct General elections to the House of the People and the Legislative Assemblies simultaneously and the provisions of Part XV of the constitution [on elections] shall apply to these elections mutatis mutandis with such modifications as may become necessary and which the Election commission may by Order specify.”

To implement synchronised elections to municipalities and panchayats, the panel has proposed the insertion of Article 324A and an amendment to Article 325 of the Constitution. In case the terms of the municipalities and panchayats expire sooner than the end of five years from the date appointed from their first meeting, the term of such local bodies constituted under a mid-term election will be until the next general elections.

What does the proposed Article 324A say?

“Notwithstanding anything contained in Art 243E [duration of Panchayats] and 243U [duration of municipalities], Parliament may by law make provision for ensuring that the elections to Municipalities and Panchayats are held simultaneously with the General Elections, and for this purpose, make provisions as may be necessary including provisions for [the] determination of the term of the Municipalities and Panchayats sooner than the expiry of five years from the date appointed for their first meeting, and for limiting the term of such Municipalities and Panchayats constituted under a mid-term election to the unexpired period of their term until the next general elections.”

What does the panel recommend in case of a hung House, no-confidence motion, or any other such event?

In case the Lok Sabha is dissolved sooner than the expiry of its full term, fresh elections will be conducted. The next House constituted by such dissolution, unless sooner dissolved, shall continue for such period as is equal to the unexpired term of the immediately preceding House. The expiration of this period shall operate as a dissolution of the House.

For state assemblies, the period of five years from the date appointed for its first meeting would be the full term. In case an assembly is dissolved sooner than the expiry of the full term, fresh elections will be held. A new assembly constituted pursuant to elections occasioned by such dissolution, unless sooner dissolved, shall end with the expiry of the full term of Lok Sabha.

What has the panel say about the single electoral roll?

The panel has said its introduction will streamline resources by consolidating voter information into a single database. It added the single electoral roll will minimize redundancy and duplication. The panel argued this will increase the coordination between the ECI and State Election Commissions and ensure seamless collaboration and information exchange. The panel said a single electoral roll would also help in the development of a single repository and streamline the registration process, improve accuracy, and make the process efficient. It has also recommended a single elector’s photo identity card for elections.

The committee has recommended that Article 325 of the Constitution be amended to enable the preparation of a single electoral roll and photo identity cards by the ECI in consultation with State Election Commissions.

What are the logistics and resource requirements needed?

The committee has recommended the ECI draw a plan and estimate in advance for the procurement of equipment such as EVMs and VVPATs, deployment of polling personnel and security forces, and make other necessary arrangements. The ECI has submitted details of requirements for equipment, forces, materials, etc, as well as an estimate of the expenditure for simultaneous elections. The panel has asked the polls bodies to prepare a plan for simultaneous elections.