, "..the Government of India hereby constitutes a High Level Committee to examine the issue of simultaneous elections and make recommendations for holding simultaneous elections in the country,” said the notification.
Published Sep 02, 2023 | 9:44 PM ⚊ Updated Sep 03, 2023 | 1:26 PM
Women standing in line during election. (Creative Common)
The Union government on Saturday, 2 September, issued a gazette notification announcing the formation of a high-level committee (HLC) to explore the possibility of simultaneously holding Parliament and Assembly elections across the country.
The notification was issued a day after the government announced that former president Ran Nath Kovind would head the panel to examine the feasibility of the “One Nation, One Election” plan.
Union Home Minister Amit Shah, Leader of Opposition in the Lok Sabha Adhir Ranjan Chowdhury, former Opposition leader in the Rajya Sabha Ghulam Nabi Azad, prominent jurist Harish Salve, former chief vigilance commissioner Sanjay Kothari, former Finance Commission chairman NK Singh, and former secretary-general of the Lok Sabha Subhash C Kashyap have been named as members of the committee.
Congress’ leader of the party in Lok Sabha Adhir Ranjan Chowdhury, however, in a strongly worded letter to Union Home Minister Amit Shah said he will not be part of the committee.
The information about the committee members was initially “leaked” shortly after the government unexpectedly convened on 18 September a five-day special session of Parliament.
Union Parliamentary Affairs Minister Pralhad Joshi emphasised that the committee’s report would be subjected to public scrutiny and discussion in Parliament.
Congress leader in Lok Sabha Adhir Ranjan Chowdhury on Saturday declined to be a part of the high-level committee announced by the Centre to examine the possibility of simultaneous elections in the country.
In a letter to Union Home Minister Amit Shah, Chowdhury said he has come to know that he has been appointed a member of the high-level committee on simultaneous polls to the Lok Sabha and Vidhan Sabhas.
“I have no hesitation whatsoever in declining to serve on the Committee whose terms of reference have been prepared in a manner to guarantee its conclusions. It is, I am afraid, a total eyewash,” he said in his letter.
“Moreover, the sudden attempt to thrust a constitutionally suspect, pragmatically non-feasible and logistically unimplementable idea on the nation, months before the general elections, raises serious concerns about ulterior motives of the government,” he said.
The Congress leader also lamented the exclusion of current Leader of Opposition in Rajya Sabha Mallikarjun Kharge from the committee.
“This is a deliberate insult to the system of Parliamentary democracy.
“In these circumstances, I have no option but to decline your invitation,” said Chowdhury, who is also the chairman of the Public Accounts Committee of Parliament.
The government stated in the notification that elections to the House of the People and state Assemblies were consistently held concurrently from 1951-52 to 1967.
However, this synchronised election cycle was disrupted, and elections currently occur nearly every year and even within a single year, but at different times.
The notification said it resulted in “massive expenditure by the Government and other stakeholders, diversion of security forces and other electoral officers engaged in such elections from their primary duties for significantly prolonged periods, disruption in developmental work on account of prolonged application of Model Code of Conduct”.
The Law Commission of India’s 170th report on the Reform of Electoral Laws in 1999, the Parliamentary Standing Committee on Law & Justice’s 79th report in December 2015, NITI Aayog’s Analysis of Simultaneous Elections in November 2017, and Law Commission of India’s Draft report on ‘One Nation’ One Election’ in August 2018, also dealt with the topic of holding simultaneous elections to Parliament and state Assemblies.
The Law Commission of India in its 170th Report on Reforms of the Electoral Laws observed that: “This cycle of elections every year, and in the out of season, should be put an end to. We must go back to the situation where the elections to the Lok Sabha and all the Legislative Assemblies are held at once.”
It added: “It is true that we cannot conceive or provide for all the situations and eventualities that may arise whether on account of the use of Article 356 (which of course has come down substantially after the decision of Supreme Court in SR Bommai vs Union of India) or for other reasons, yet the holding of a separate election to a Legislative Assembly should be an exception and not the rule.”
The commission then said: “The rule ought to be ‘one election once in five years for the Lok Sabha and all the Legislative Assemblies’.”
The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, in its 79th Report on the Feasibility of Holding Simultaneous Election to the House of People (Lok Sabha) and State Legislative Assemblies“, submitted in December 2015, also examined the matter and recommended an alternative and practical method of holding simultaneous elections in two phases.
“…in the national interest, it is desirable to have simultaneous elections in the country, the Government of India hereby constitutes a High-Level Committee [hereinafter referred to as ‘HLC’] to examine the issue of simultaneous elections and make recommendations for holding simultaneous elections in the country,” the notification read.
The gazette notification said the HLC has been tasked to look at the frame of holding one election from different points of view.
“To address the complex task of holding simultaneous elections to the House of the People, State Legislative Assemblies, Municipalities, and Panchayats while considering the existing framework under the Constitution of India and other statutory provisions, several key recommendations and considerations need to be examined,” it said.
1. Constitutional and legislative amendments:
Examine and recommend specific amendments to the Constitution of India, the Representation of the People Act, 1950, the Representation of the People Act, 1951, and relevant rules for enabling simultaneous elections. Ensure that these amendments do not infringe upon the democratic principles enshrined in the Constitution.
2. State ratification:
Determine whether the proposed constitutional amendments necessitate ratification by the states, and if so, outline the process and requirements for obtaining such ratification.
3. Contingency scenarios:
Analyse and recommend solutions for situations such as a hung House, the adoption of a no-confidence motion, defection, or other unexpected events that may disrupt the regular electoral cycle. Ensure that the recommendations maintain the democratic functioning of the government.
4. Phased elections:
Suggest a framework for staging simultaneous elections, if holding them all at once is not feasible. Define the phases and timeframes for conducting these elections and propose necessary amendments to the Constitution and other laws. Additionally, provide guidelines for maintaining fairness and transparency in phased elections.
5. Cycle continuity safeguards:
Recommend safeguards to ensure the continuity of the cycle of simultaneous elections. Propose amendments to the Constitution that prevent disruptions to the scheduled electoral process.
6. Logistics and manpower:
Examine the logistical and manpower requirements for holding simultaneous elections, including the procurement and deployment of Electronic Voting Machines (EVMs), Voter-Verified Paper Audit Trails (VVPATs), and other necessary equipment. Assess the financial implications and logistics of managing these resources effectively.
7. Single electoral roll and identity cards:
Analyse and recommend the modalities of using a single electoral roll and electoral identity cards for identifying voters in elections to the House of the People, State Legislative Assemblies, Municipalities, and Panchayats. Ensure that privacy and data security concerns are adequately addressed.
8. Public consultation:
Consider conducting public consultations and seeking input from political parties, civil society organisations, legal experts, and other stakeholders to ensure a comprehensive and inclusive approach to the recommendations.
9. Implementation plan:
Develop a detailed implementation plan outlining the steps, timelines, and responsible authorities for executing the proposed recommendations. Include provisions for periodic review and adaptation as needed.
10. Legal and ethical framework:
Ensure that the recommendations align with the principles of democracy, federalism, and the rights of citizens as enshrined in the Constitution. Maintain a balance between promoting efficient governance and preserving democratic values.
