Law Commission Report Summary: Draft Report On Simultaneous Elections

Law Commission Report Summary
Draft Report on Simultaneous Elections

 The Law Commission of India (Chair: Justice B.S. be conducted towards the end of 2021. The term
Chauhan) released its draft report on Simultaneous of these assemblies will be 30 months or till June
Elections on August 30, 2018. The report 2024, whichever is earlier. This will require a
examined legal and constitutional questions constitutional amendment since the terms of
related to the conduct of simultaneous elections. different assemblies will either need to be
Key draft recommendations include: curtailed or extended.
 Conduct of simultaneous elections: The  Thereafter, elections to Lok Sabha and state
Commission noted that simultaneous elections assemblies may be held together from 2024.
cannot be held within the existing framework of
 Option 2: If assembly elections are held in 2019
the Constitution. Simultaneous elections may be
and 2021, as described above, then elections will
conducted to Lok Sabha and state Legislative
only need to be conducted twice in five years.
Assemblies through appropriate amendments to
the Constitution, the Representation of the People  Option 3: If simultaneous elections cannot be
Act 1951, and the Rules of Procedure of Lok conducted, then the Commission recommended
Sabha and state Assemblies. The Commission that all elections falling due in a calendar year
also suggested that at least 50% of the states should be conducted together. The timing of such
should ratify the constitutional amendments. election should be conducive to all state
legislatures involved and the Lok Sabha (if
 The Commission noted that holding simultaneous
dissolved earlier). This option will also require
elections will: (i) save public money, (ii) reduce
amendments to the Constitution and the
burden on the administrative setup and security
Representation of the People Act, 1951.
forces, (iii) ensure timely implementation of
government policies, and (iv) ensure that the  No-confidence motion: The Commission noted
administrative machinery is engaged in that a no-confidence motion, if passed, may curtail
development activities rather than electioneering. the term of Lok Sabha/ state assembly. It
recommended replacing the ‘no-confidence motion’
 Framework for synchronisation of elections:
with a ‘constructive vote of no-confidence’,
The Commission recommended three alternatives
through appropriate amendments. In a constructive
to synchronise elections in India.
vote of no confidence, the government may only be
 Option 1: The Commission recommended removed if there is confidence in an alternate
advancing or postponing election timings in government. It further suggested the option of
certain states, such that elections to all state limiting the number of such motions during the
assemblies and Lok Sabha may be held together in term of the House/ Assembly.
2019. It noted that election of five states (Andhra
 Hung House/ Assembly: If no party secures a
Pradesh, Arunachal Pradesh, Odisha, Sikkim, and
majority to form the government, it may result in a
Telangana) are due in 2019 along with Lok Sabha
hung House/ Assembly. In order to prevent this,
elections. It recommended the following changes
the Commission recommended that the President/
to the election timings of other state assemblies:
Governor should give an opportunity to the largest
 Assembly elections due before Lok Sabha party along with their pre or post-poll alliance to
elections: For four states (Chhattisgarh, Madhya form the government. If the government can still
Pradesh, Mizoram, and Rajasthan) elections are not be formed, an all-party meeting may be called
due in end of 2018 and early January, 2019. The to resolve the stalemate. If this fails, mid-term
term of these assemblies may be extended to elections may be held. The Commission
synchronise it with Lok Sabha elections, by recommended that appropriate amendments be
amending the Constitution. made to provide that any new Lok
Sabha/Assembly formed after mid-term elections,
 Assembly elections due immediately after Lok
will be constituted only for the remainder of the
Sabha elections: If there is political consensus,
previous term, and not the entire five years.
elections to four assemblies (Haryana, Jharkhand,
Maharashtra, and Delhi) can be held with Lok  Amendment to anti-defection laws: The
Sabha elections, if the states voluntarily dissolve Commission recommended that appropriate
their assemblies earlier, or by operation of law. amendments be made to anti-defection laws to
ensure that all disqualification issues (arising from
 Assembly elections in remaining states: For the
defection) are decided by the presiding officer
remaining 16 states and Puducherry, elections may
within six months.
Roshni Sinha August 31, 2018
roshni@prsindia.org
PRS Legislative Research  Institute for Policy Research Studies
3rd Floor, Gandharva Mahavidyalaya  212, Deen Dayal Upadhyaya Marg  New Delhi – 110002
Tel: (011) 43434035-36, 23234801-02  www.prsindia.org
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opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but
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