The high-level panel on 'One Nation, One Election' headed by former president Ram Nath Kovind submitted its report on simultaneous elections to President Droupadi Murmu on March 14. The panel said in its report that the "loss of simultaneity in elections after the first two decades of India’s independence has had a baneful effect on the economy, polity and society."
The report by the Kovind panel suggests that simultaneous polls to Lok Sabha and assemblies can be held in the first step, followed by local body polls within 100 days in the second step.
To enable the holding of simultaneous polls in the country, some articles of the Constitution would have to be amended.
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What Does The Report On One Nation-One Election Suggest?
The Kovind panel report suggests that for the first simultaneous elections, tenure of all state assemblies can be for period ending up to subsequent Lok Sabha elections.
In case of a hung House or a no-confidence motion, fresh elections can be held for the remainder of the five-year term, the Kovind panel report suggests.
The Election Commission of India (EC) shall prepare single electoral roll, voter ID cards in consultation with state poll authorities for Lok Sabha, assembly, local body polls, the panel suggests.
The Kovind panel has recommended advance planning for equipment, manpower and security forces for holding simultaneous polls.
About The Kovind-Led Panel On 1 Nation-1 Election
The committee headed by Ram Nath Kovind was set up in September last year to examine and make recommendations for holding simultaneous elections to the Lok Sabha, state assemblies, municipalities and panchayats, keeping in view the existing constitutional framework.
Members of the panel include Home Minister Amit Shah, former leader of the opposition in the Rajya Sabha Ghulam Nabi Azad, former finance commission chairman NK Singh, former Lok Sabha secretary general Subhash Kashyap and senior advocate Harish Salve.
Law Minister Arjun Ram Meghwal is a special invitee to the panel.
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Leader of the Congress in Lok Sabha Adhir Ranjan Chowdhury was also made a member of the panel but he declined, terming the committee as a total eyewash.
Recommendations For Holding Simultaneous Elections In Detail
Saying that several elections being held every year casts a huge burden on the government, businesses, workers, courts, political parties, candidates contesting elections, and civil society at large, the Kovind committee recommended that the government must develop a "legally tenable mechanism in order to restore the cycle of simultaneous elections."
First Step: The Kovind-led committee recommended that in the first step, simultaneous elections to the House of the People - Lok Sabha - and the State Legislative Assemblies be held.
Second Step: The panel report suggested that in the second step, elections to municipalities and panchayats will be synchronised with the Lok Sabha and State Legislative Assemblies in such a way that elections to municipalities and panchayats are held within a hundred days of the holding of Lok Sabha and state assembly elections.
Synchronising Lok Sabha and Assembly Elections: For the purpose of synchronisation of elections to the Lok Sabha and State Legislative Assemblies, the committee has recommended that the President of India may, by notification, issued on the date of the first sitting of the House of the People after a General election, bring into force the provision of the report, and that date of the notification shall be called the appointed date.
Tenure Of State Assemblies: The tenure of all State Legislative Assemblies, constituted by assembly elections after the above mentioned "appointed date" and before the expiry of the full term of Lok Sabha, shall be only for the period ending up to the subsequent General elections. "Thereafter, all General elections to the House of the People and all State Legislative Assemblies shall be held together simultaneously," the report said.
What Happens In Case Of Hung Assembly?
A hung assembly It is a situation wherein a single political party or a pre-poll alliance does not have enough elected members to secure an overall majority in the House/Assembly.
The committee recommended that in the event of a hung House, or no-confidence motion, fresh elections may be held to constitute the new House.
For Lok Sabha: The period of five years from the date appointed for its first meeting would be the full term of Lok Sabha. Where the House of the People is dissolved sooner than the expiry of its full term, fresh elections will be conducted and the next Lok Sabha constituted pursuant to elections necessitated by such dissolution, unless sooner dissolved, shall continue for such period as is equal to the unexpired term of the immediately preceding House of the People and the expiration of this period shall operate as a dissolution of the House, the panel report stated.
For State Legislative Assemblies: The period of five years from the date appointed for its first meeting would be the full term of a Legislative Assembly. In case a Legislative Assembly is dissolved sooner than the expiry of its full term, fresh elections will be held and a new Legislative Assembly is constituted pursuant to elections occasioned by such dissolution, then such new Assembly, unless sooner dissolved, shall come to an end with the expiry of full term of the House of the People - Lok Sabha.
For Municipalities and Panchayats: Mid-term elections to Municipalities and Panchayats to the unexpired period of their term until the next General elections.
Proposed Constitutional Amendment Bills
As per the Kovind report, the First Constitutional Amendment Bill may contain amendments/insertions under the following provisions:
Article 82A; Duration of House of People under Article 83(2), Article 83(3),
Article 83(4); Duration of State Legislature Assembly under Article 172(3), Article 172(4), Article 172(5) and Article 327 - This aforementioned bill does not require ratification by the half of the states.
The Second Constitutional Amendment Bill may contain amendments under the following provisions:
The Amendment to the provisions of the Constitution of India relating to preparation of the electoral roll by the Election Commission of India in consultation with the state Election Commission(s) for the elections to the local bodies (in Article 325).
The Amendment to the provision in order to have simultaneous elections for Municipalities, Panchayat along with general elections of the House of the People and the state legislature (Article 324A).
Under Article 368(2) of the Constitution of India, ratification by not less than half of the states will be required to carry out amendments to the Second Constitutional Amendment Bill to the Constitution of India as these matters are related to state affairs.
Proposed amendments for Union Territories having Legislative Assemblies:
For amendments under the following provisions: -Duration of the Legislative Assembly of National Capital Territory of Delhi (NCTD) under Section 5 of Government of National Capital Territory of Delhi Act, 1991 (NCTD, 1991);
For amendments under the following provisions: -For the state Assembly of Puducherry, the amendments regarding the duration of the Legislative Assembly of Union Territory under Sections 5 of The Government of Union Territories Act, 1963;
For amendments under the following provisions: -For the state Assembly of Jammu and Kashmir, the amendments regarding the duration of Legislative Assembly of Union Territory under Section 17 of the Jammu and Kashmir Reorganisation Act, 2019 These three bills do not require ratification by the half of the states.
'India, That Is Bharat': Panel Report's Conclusion
The report by Kovind panel stated that upon all-inclusive deliberations the Committee has concluded that "its recommendations will significantly enhance transparency, inclusivity, ease and confidence of the voters."
"Overwhelming support for holding simultaneous elections will spur development process and social cohesion, deepen the foundations of our democratic rubric, and realise the aspirations of India, that is Bharat," the report read.
