MOUSHUMI DAS GUPTA
New Delhi: The BJP-led NDA government is likely to introduce the Constitution (One Hundred and Twenty-Ninth Amendment Bill), 2024, and Union Territories Law (Amendment) Bill, 2024, in Lok Sabha this week.
The two bills will be the first step towards implementing one of BJP’s key poll promises—simultaneous Lok Sabha and state assembly elections.
With the Winter Session ending in four days, the two bills in all likelihood will be referred to a joint parliamentary panel for further scrutiny.
What will happen once the bills are passed by both houses of Parliament? When will ‘One Nation, One Election’ come into force? What about UTs with legislative assemblies? ThePrint explains key provisions of the bills.
The first bill, to bring in simultaneous elections to Lok Sabha and state assemblies, seeks to insert a new article, Article 82A (simultaneous elections to Lok Sabha and state assemblies), into the Constitution, while amending Article 83 (duration of houses of Parliament), Article 172 (duration of state legislatures) and Article 327 (power of Parliament to make provision with respect to elections to legislatures).
The amendments are in line with what the eight-member high-powered panel led by former President Ram Nath Kovind recommended in its report, which was accepted by the Union Cabinet in September.
Despite being a bill that seeks to amend the Constitution, it will not require ratification by 50 percent of state assemblies as the elections to Lok Sabha and state assemblies are held by the Election Commission of India (ECI) under the Constitution, Representation of People Act, 1950, Representation of People Act, 1951, and rules and orders pursuant to them.
They do not fall under the purview of the proviso to Article 368(2).
At the same time, it will need no less than two-thirds of members of that House of Parliament present and voting to vote in favour of the bill.
The Union Cabinet gave its approval to the first bill Thursday.
The second bill, the Union Territories Law (Amendment) Bill, 2024, proposes to make consequential amendments in section 5 of the Government of Union Territories Act, 1963, section 5 of the Government of National Capital Territory of Delhi Act, 1991 and section 17 of the Jammu and Kashmir Reorganisation Act, 2019 to align elections in UTs, Delhi and J&K respectively with the general election and elections to state legislative assemblies. It can be passed by a simple majority in both houses of Parliament.
When will ‘One Nation, One Election’ come into force?
Even if the two bills are passed during the Budget Session in February next year, the earliest the ‘One Nation, One Election’ law will come into force will be 2034.
For it, the Constitution (One Hundred and Twenty-Ninth Amendment Bill), 2024, proposes inserting Article 82A (after Article 82) into the Constitution, which specifies that after the enactment of the bill, the President will issue a notification on the date of the first sitting of the Lok Sabha after a general election, and that date of notification shall be called the appointed date. The tenure of the Lok Sabha shall be five years from that appointed date.
The tenure of all legislative assemblies, constituted by elections held after the appointed date and before the expiry of the full term of the Lok Sabha shall also come to an end on the expiry of the full term of the Lok Sabha.
The five-year period from the date of first meeting of the Lok Sabha shall be referred to as the full term of the Lok Saba. Thereafter, all elections to Lok Sabha and legislative assemblies will be held together simultaneously.
The first sitting of the 18th Lok Sabha took place in June 2024 and its five-year term will expire in 2029. It will be only in the first sitting of a next Lok Sabha that will be constituted in 2029 that the appointed date will be fixed. And simultaneous Lok Sabha and assembly elections will be held after the end of that five-year term, that is, in 2034.
What if Lok Sabha doesn’t last full 5-year term?
In the eventuality of a Lok Sabha getting dissolved before the completion of its five-year term, the period between its date of dissolution and five years from the date of the first meeting shall be referred to as its unexpired term.
A new Lok Sabha will be constituted following fresh elections occasioned by such dissolution, which shall continue for such period “as is equal to the unexpired term of the immediately preceding House of the People”.
The election for constituting Lok Sabha for its unexpired term shall be referred to as a mid-term election, and the election held after the expiry of the full term shall be referred to as the general election.
The bill seeks to amend Article 83 of the Constitution to include these new clauses.
What if state assembly doesn’t last full 5-year term?
The bill proposes to amend Article 172 and insert clauses as per which the five-year period from the date of the first meeting of the state legislative assembly shall be referred to as the full term of the legislative assembly.
However, if the state assembly is dissolved before its five-year term, the period between its date of dissolution and five years from the date of the first meeting shall be referred to as its unexpired term.
Mid-term elections will be held and the new state assembly constituted shall continue for such a period as is equal to the unexpired term of the immediately preceding state legislative assembly.
The bill also seeks to amend Article 327, which spells out the power of Parliament to make provision with respect to elections to legislatures.
Article 327 states: “Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.”
The bill seeks to insert the words “conduct of simultaneous elections” after the words “delimitation of constituencies”.
Once the two bills are passed by Parliament, the Kovind-led panel has recommended constitutional amendments to synchronize elections to municipalities and Panchayats within 100 days of elections to the Lok Sabha and state assemblies as a second step. This will require a constitutional amendment to insert Article 324A to facilitate simultaneous elections of municipalities and Panchayats with elections to Lok Sabha and state legislative assemblies. This amendment will also require ratification by half the states.
Govt’s rationale behind ‘One Nation, One Election’
According to the first bill’s statement of object and reasons, the need for holding simultaneous elections to Lok Sabha and state assemblies has been necessitated because of the humongous cost and time involved in conducting the exercise. The ECI has pegged the cost of holding simultaneous elections at Rs 4,500 crore.
In addition, the statement of object and reasons also says: “The imposition of Model Code of Conduct in several parts of the country, which are poll bound put on hold the entire development programmes, cause disruption of normal public life, impact the functioning of services and also curtail the involvement of manpower from their core activities for deployment for prolonged periods for election duties.”
Elections to Lok Sabha and all state legislative assemblies were held simultaneously in the years 1951-52, 1957, 1962 and 1967. “However, due to premature dissolution of some legislative assemblies in 1968 and 1969, the cycle of holding polls simultaneously with the House of the People got Disrupted,” the statement of object and reasons adds.
source : theprint