SHOULD LEGISLATURES IN INDIA HAVE FIXED TENURES

THE CONTEXT: The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, introduced in the Lok Sabha, aims to synchronize the electoral cycles of the Lok Sabha and State Legislative Assemblies, fundamentally altering the country’s electoral landscape.

KEY PROVISIONS OF THE BILL:

• • Insertion of Article 82A: The bill proposes adding Article 82A to the Constitution, laying the foundation for simultaneous elections.
  • Synchronization of Terms: Article 82A (2) mandates that the terms of all state assemblies will conclude with the Lok Sabha’s five-year term, potentially curtailing some state assembly tenures.
  • Election Commission’s Role: Article 82A (3) empowers the Election Commission of India (ECI) to conduct simultaneous elections for the Lok Sabha and all Legislative Assemblies.
  • Definition of Simultaneous Elections: Article 82A (4) defines simultaneous elections as general elections held concurrently for the Lok Sabha and all Legislative Assemblies.
  • Flexibility Clause: Article 82A (5) allows the ECI to recommend deferring certain assembly elections if deemed impractical to hold alongside Lok Sabha polls.
  • Alignment of Deferred Elections: Article 82A (6) ensures that even deferred assembly elections align their terms with the Lok Sabha’s full term.
  • Amendment to Article 83: The bill modifies Article 83 to address scenarios of mid-term dissolutions, introducing the concept of “unexpired term” for reconstituted houses.

CONSTITUTIONAL AND POLITICAL IMPLICATIONS:

• • Erosion of state autonomy: The bill seeks to make State Assembly tenures contingent upon the Lok Sabha’s term, potentially curtailing their independent functioning. Synchronizing elections may shift focus towards national issues, marginalizing state-specific concerns. ONOE’s fixed tenure model could lead to prolonged instability under the President’s Rule if governments collapse mid-term.
  • Political Accountability: Longer intervals between elections may reduce politicians’ responsiveness to public concerns. More frequent polls allow for greater attention to regional and local issues. Fixed tenures could delay corrective measures against corrupt or inefficient governments since voters must wait for aligned election cycles to express dissatisfaction.
  • Economic and Governance Aspects: While ONOE may save some costs, political parties are unlikely to redirect these savings toward developmental projects. Moreover, logistical challenges like increasing polling stations and managing voter rolls remain significant hurdles.

THE CHALLENGES AND CONCERNS:

• • Political Exigencies: A major challenge to simultaneous elections arises from political instability, such as the collapse of governments due to defections, no-confidence motions, or coalition breakdowns. The fall of the Karnataka government in 2019 and Maharashtra in 2022 led to unplanned elections, disrupting governance and electoral timelines.
  • Hung Assemblies and Mid-term Elections: Hung assemblies, such as those in Delhi (2013) and Bihar (2005), often result in political deadlocks. The bill proposes fresh elections in such cases, but the newly elected legislature would serve only the unexpired term of the original cycle. It does not fully address the complexities of political instability in a diverse polity like India.
  • Impact on Voter Choices: Simultaneous elections may influence voter behavior by prioritizing national issues over regional concerns. In 2014, despite the BJP’s sweeping victory at the national level, Delhi voters elected AAP in state elections held within six months. Similarly, Odisha voters supported BJD at the state level while voting for BJP in Lok Sabha elections during simultaneous polls. There is concern about homogenizing electoral outcomes, potentially undermining India’s political plurality.

COMPARATIVE ANALYSIS OF ELECTORAL MODELS: USA, UK, GERMANY, AND IMPLICATIONS FOR INDIA:

THE WAY FORWARD:

• • Avoid Overcentralisation: Avoid forcing a blanket dissolution of State Assemblies whenever the Lok Sabha completes its tenure. This upholds the principle in the S.R. Bommai (1994) judgment, which underscored the autonomy of States in India’s federal structure.
  • Incentivizing Coalition Stability: Formal pre- and post-poll alliance agreements can reduce opportunistic breakups in a fractured political environment. It will encourage responsible political behavior and reduce recurrent election-triggering crises.
  • Hybrid Electoral Cycle Model: Instead of full synchronization (all elections on one day), elections could be spaced regularly (e.g., two or three windows within the five-year cycle). It will moderate the logistical and financial load without compromising federal principles or requiring mass dissolutions.
  • Explicit ‘Caretaker Government’ Rules: Lay down unambiguous guidelines for caretaker governments during the interim between a government’s collapse and forming a new one. This would be modeled on constitutional conventions from the U.K. and Canada.
  • Inter-State Council Deliberations: Ensure that the Inter-State Council (Article 263) or a specially constituted all-party committee scrutinizes the proposal comprehensively, capturing the States’ voices. Create special provisions for states with unique circumstances (like J&K, Northeast states).
  • Clear Judicial Review Mechanisms: Any amendment that significantly modifies the election cycle may be subject to Basic Structure scrutiny (Keshavananda Bharati, 1973). Ensure the amendment text explicitly safeguards fundamental parliamentary traditions. Strengthen the judiciary’s institutional capacity (e.g., dedicated election tribunals) to resolve poll-related disputes swiftly.
  • Gradual Rollout: Conduct pilot programs in smaller States or Union Territories with short electoral cycles (e.g., Puducherry). Assess the impact on cost, voter engagement, and government stability before a nationwide rollout. Use data from these pilots—such as changes in the frequency of horse-trading, voter turnout, and legislative productivity—to refine legislative proposals.

THE CONCLUSION:

The success of these reforms depends on building political consensus, ensuring constitutional compatibility, and maintaining democratic principles while achieving administrative efficiency.

UPSC PAST YEAR QUESTION:

Q. Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation – one election” principle. 2024

MAINS PRACTICE QUESTION:

Q. While aiming for administrative efficiency, the ‘One Nation One Election’ proposal poses significant challenges to India’s federal structure.” Discuss.

SOURCE:

https://www.thehindu.com/opinion/op-ed/should-legislatures-in-india-have-fixed-tenures/article69006259.ece