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Daily-current-affairs / 26 Jul 2022

Law Panel To Examine Simultaneous Elections : Daily Current Affairs

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Relevance: GS-2: Salient features of the Representation of People’s Act.

Key Phrases: Simultaneous Elections, Model code of conduct, black money, Unity of the country, governance, essential services, Law commission, the basic structure of the Constitution, feasibility.

Why in News?

  • The issue of holding simultaneous Parliamentary and Assembly elections has been referred to the Law Commission for a practicable roadmap and a framework can be worked out, Law Minister informed the Lok Sabha.

What purpose would simultaneous polls serve, if held?

  • Cost of election:
    • Making polls simultaneous would address various concerns, such as reducing the cost of holding elections and limiting all elections to a single season.
  • Model code of conduct:
    • At present, there is an election in one state or the other at almost any given time, and those who favour simultaneous polls argue that the Model Code of Conduct gets in the way of the government announcing projects or policy plans.
  • Check on Black money:
    • Many parliamentary and CBI reports along with EC reports have suggested that a huge amount of black money is turned into white money during elections in the country. So, if the elections are conducted frequently throughout the year, then there is always a possibility that a parallel economy will stem in this country. A one-time election may effectively reduce such a possibility.
  • Unity of the country:
    • Simultaneous election promotes a national perspective over the regional perspective. This is important for the unity of the country.
  • Efficiency of governance:
    • It will help elected governments and ruling parties focus on governance, instead of preparing for elections somewhere or the other in the country.
  • Disruption of services:
    • Frequent elections lead to “disruption” of normal public life and impact the functioning of essential services.
    • Deputing government employees frequently on election duty hinders public services, including school education, as well as maintenance of law and order and national security.
  • Law commission recommendation:
    • In its draft report, the 21st Law Commission had said it was convinced that “there exists a viable environment, necessitating the holding of simultaneous elections to the House of the People and the State Legislatures. Simultaneous elections can be seen as a solution to prevent the country from being in constant election mode.
    • According to the Law Commission, simultaneous polls will boost voter turnout.

Arguments against Simultaneous Election:

  • Local issues will fade out:
    • There are concerns that simultaneous elections will impact the behaviour of voters, as national and local issues may get mixed up and distort priorities, giving an unfair advantage to national parties, at the expense of regional parties.
  • Difficult scheduling:
    • It may be difficult to find a suitable time slot, given the geographical and administrative diversity relating to weather, agricultural cycle, exam schedule, religious festivals, and public holidays, in a country as vast as India.
  • Logistical challenges:
    • Holding simultaneous elections once in five years may also face logistical challenges.
    • For the free and fair conduct of the elections, security forces need to be deployed in large numbers. Given the current strength of security personnel, this may be a challenging task.
  • Midterm dissolution cannot be controlled:
    • Even if the terms of the Houses are in sync as a one-time measure, it will still need an adequate legal safeguard in place to avoid mid-term dissolution and protect the simultaneous elections cycle.
  • Need a lot of amendments:
    • Amendments to the Constitution would encompass Articles 83 (Duration of Houses), 85 (Dissolution of the Lok Sabha), 172 (Duration of state legislatures), 174 (Dissolution of state legislatures), 356 (Failure of constitutional machinery), and the Tenth Schedule (to ensure that all disqualification issues arising from defection are decided by the presiding officer within six months).
  • Change in the basic structure of the Constitution:
    • Amending Article 356 – which deals with ‘Provisions in case of failure of constitutional machinery in State’, or President’s rule – will alter the basic structure of the Constitution and will impinge on federalism.
  • International examples not suitable for India:
    • The international examples – like Sweden, Belgium, and South Africa – cannot be compared to a country like India, whose population and area are many times that of the smaller countries.
  • Promotes Horse trading:
    • Dilution of the Tenth Schedule – the anti-defection law – will lead to horse-trading.
  • Concern over feasibility:
    • If a central government that is made up of a coalition faces a situation where an ally pulls out, and the government falls, elections will have to be conducted in all state governments, too, within six months, even if there is no issue in those states and vice-versa.
    • One aspect that could offset the savings would be the doubling of expenses on electronic voting machines (EVMs).
  • Model code of conduct:
    • Argument about MCC paralyzing policy-making is overstated and untrue – it only stops ruling parties from using the government machinery for electoral gains.

Conclusion:

  • Meeting of minds may be a good beginning in the pursuit of the goal of “One Nation, One Election”.
  • But to take the idea to fruition will require not only the meeting of minds and a political consensus but also a resolute determination to act, in the larger national interest.
  • There is a need for an adequate legal safeguarding place to avoid mid-term dissolution and protect the simultaneous elections cycle.
  • The government along with all the stakeholders should work together to come up with effective solutions for the issues over which concerns are being raised.

Source: The Hindu

Mains Question:

Q. ‘One Nation, One Election’ isn’t just an issue of deliberation but also a need of the country. Critically examine the statement by providing arguments for and against the simultaneous election.