New Delhi: The government is moving ahead rapidly on 'One Nation, One Election'. To implement this plan of holding simultaneous elections in the country, the government is likely to introduce three bills, two of which will be related to constitutional amendment. One of the proposed constitutional amendment bills is related to holding local body elections along with Lok Sabha and Legislative Assemblies. This will require the support of at least 50 percent of the states.
Moving ahead with its 'one country, one election' plan, the government earlier this month accepted the recommendations of the high-level committee to hold simultaneous elections to Lok Sabha, state assemblies and local bodies in a phased manner after a nationwide consensus building exercise. The first Constitution Amendment Bill proposed will seek to provide for simultaneous elections to Lok Sabha and state assemblies.
Attempt to amend Article 82A
Citing the recommendations of the high-level committee, sources said the proposed bill seeks to amend Article 82A by adding sub-clause (1) relating to the "appointed date". It will insert sub-clause (2) in Article 82A relating to the simultaneous termination of the term of the Lok Sabha and state assemblies. It also proposes to amend Article 83(2) and insert new sub-clauses (3) and (4) relating to the term of the Lok Sabha and its dissolution. It also has provisions for dissolution of assemblies and amending Article 327 to include the words "simultaneous election".
The recommendation states that the bill will not require ratification by at least 50 per cent of the states. The proposed second Constitution Amendment Bill will require ratification by at least 50 per cent of state legislatures as it will deal with subjects relating to state affairs. It will propose to amend constitutional provisions relating to the preparation of electoral rolls by the Election Commission (EC) in consultation with state election commissions (SECs) for elections to local bodies. Constitutionally, the EC and the SEC are separate bodies. The Election Commission conducts elections to the President, Vice President, Lok Sabha, Rajya Sabha, state legislative assemblies and state legislative councils, while the SEC is empowered to conduct elections to local bodies such as municipalities and panchayats.
New Article 324A will be added
The proposed second Constitution Amendment Bill will also provide for simultaneous elections to the Lok Sabha and state assemblies as well as municipalities and panchayats by inserting a new Article 324A. The third bill will be a common bill to amend the provisions of three laws relating to Union Territories - Puducherry, Delhi and Jammu and Kashmir - to make the tenure of these Houses co-terminus with that of other assemblies and the Lok Sabha, as proposed in the first Constitution Amendment. The laws proposed to be amended include the Government of National Capital Territory of Delhi Act-1991, the Government of Union Territories Act-1963 and the Jammu and Kashmir Reorganisation Act, 2019.
No amendment to the constitution is needed
The proposed bill will be a normal law which will not require amendment in the Constitution and will not require ratification by the states. The high-level committee had proposed amendment in three articles, insertion of 12 new sub-sections in existing articles and changes in three laws related to Union Territories with legislative assemblies. The total number of amendments and new insertions is 18. In its report submitted to the government in March, just before the announcement of Lok Sabha elections this year, the committee had recommended the implementation of "one country, one election" in two phases. In the first phase, simultaneous elections for Lok Sabha and state assemblies and in the second phase, elections to local bodies like panchayats and municipal bodies within 100 days of the general election have been suggested.
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