Simultaneous Elections - Constituitional hurdles

Context

Introducing simultaneous elections into India’s political system would definitely require a lot of constitutional amendments. The necessary constitutional reforms will have to be set in motion if this idea has to sail though. A broad analysis of constitutional provisions under scanner are as under : -

• Article 83 of the Constitution of India provides for the tenure of both Houses of the Parliament (Lok Sabha and Rajya Sabha). Further, the proviso to Article 83 (2) of the Constitution provides that when a proclamation of emergency is in operation, the term of the House may be extended for a period not exceeding one year at a time by Parliament by law and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. Similar provision also exists for State Legislative Assembly under the proviso to Article 172 (1) of the Constitution. These provisions effectively mean that the tenure of the House cannot be extended beyond 5 years except in emergency but it can be prematurely dissolved before expiration of its tenure.
• Article 85 (2)(b) of the Constitution of India provides the President with the power to dissolve Lok Sabha. Similar provision for dissolution of State Legislative Assemblies by the Governor of State is provided under Article 174 (2)(b).
• Further, in respect of premature dissolution of a State Legislative Assembly, Article 356 is also relevant.
• Supreme Court of India in S.R. Bommai v. Union of India judgement- the apex court laid down certain guidelines circumscribing the conditions for proclamation of President’s Rule by the Union Government. The guidelines state: a) the dissolution of State Legislative Assembly by the President of India is subject to approval of both houses of Parliament; and b) the validity of proclamation of President’s Rule is subject to judicial review. In effect, the President can put Legislative Assembly in suspended animation but cannot dissolve it without concurrence of both Houses of Parliament. The Judiciary can examine validity of such proclamation and restore the dismissed State Government and revive dissolved Legislative Assembly if Article 356 is found to be mala fide in its use.
• As per Article 75(3), “The Council of Ministers shall be collectively responsible to the House of the People”. Article 164(2) provides a similar responsibility of the Council of Ministers to the State Legislative Assembly. The Executive therefore derives its legitimacy from the legislature and remains in power as long as it enjoys the confidence of the latter. A no-confidence motion can be passed if either Lok Sabha or the State Legislative Assembly loses confidence in the Council of Ministers. It can fall any time with the passage of non-confidence motion in that House. So,  Both Lok Sabha and State Assemblies do not have a fixed term and can be dissolved earlier than their normal terms. Various provisions in the Constitution and relevant directions laid down by the Supreme Court of India drive the stipulations (grounds leading to such dissolution, who has the power to effect such dissolution etc.) that may cause early dissolution of legislatures.
• Article 324 mandates the Election Commission of India (ECI) to supervise, direct and control elections to Lok Sabha & State Legislative Councils.Election Commission of India is empowered to notify elections to both Lok Sabha and State Legislative Assemblies six months prior to the end of the normal terms of the Houses.
• Besides these, to facilitate the conduct of elections by the Election Commission of India, the Parliament has enacted the Representation of People Act, 1950 and Representation of People Act, 1951 and the Rules framed thereunder, viz., Registration of Electors Rules, 1960 and Conduct of Election Rules, 1961.

Conclusion

All of these would require a very cooperative political sccenario across party lines and government hierarchies before anythig concrete can happen. Moreover, since this will be a landmark reform it would require back-end political, economic and social engineering to conserve the cardinal principles of Indian democracy before it can boost Good governance.

By: Abhishek Sharma