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Context:

The government introduced Bills in the Lok Sabha to allow for simultaneous elections.

About the Bills

The government introduced two bills in the Lok Sabha to enable simultaneous elections to the Lok Sabha and state assemblies.

• The Constitution (129th Amendment) Bill of 2024 aims to align the terms of the Lok Sabha and state assemblies.
• The Union Territories Laws (Amendment) Bill, 2024, proposes changes to the relevant laws governing the Union Territories and Delhi to allow for simultaneous elections.

These bills were introduced in response to recommendations made by the High-Level Committee chaired by former President Ram Nath Kovind.

Key Highlights of the Bill

Simultaneous elections will apply only to Parliament and state Assemblies, excluding municipal corporations.

Simultaneous polls may realistically begin with the 2034 election cycle, assuming the 18th and 19th Lok Sabhas complete full five-year terms.

The President will issue a notification on the first sitting of the Lok Sabha after the general election to implement the amendments.

The Bills include provisions for situations where mid-term elections might be required at the state or central level.

Municipal elections are excluded to avoid the need for ratification by at least half of the state legislatures, which is a more complex process.

What is the Constitution (129th Amendment) Bill, 2024 about?

It proposes amendments to three existing articles of the Constitution and introduces Article 82A to enable simultaneous elections.

Amendments to Articles

Article 83 (Duration of Lok Sabha): The new provision allows for the adjustment of the Lok Sabha’s term if it is dissolved before the end of its full term.

• If the Lok Sabha is dissolved before completing its full term, the next Lok Sabha will serve only the unexpired period.  For example: If the Lok Sabha is dissolved after 3 years and 2 months, the subsequent Lok Sabha will serve for only 22 months. 
• The new Lok Sabha formed after a mid-term election will not be a continuation of the old one, and any pending bills in the dissolved House will expire.

Article 172 (Duration of State Legislatures): If a state Assembly is dissolved before its full term, the election will be conducted for the unexpired term of the dissolved Assembly to ensure that their terms align with the Lok Sabha’s five-year term.

Article 327 (Power of Parliament): To conduct simultaneous elections to Parliament and state legislatures.

Key Features of Article 82A

The President will issue a notification to implement the amendments after the first sitting of the Lok Sabha post-general election.

Assemblies elected after the appointed date will have their terms curtailed to align with the Lok Sabha’s five-year term.

The Election Commission of India (ECI) will conduct general elections for both the Lok Sabha and all state Assemblies simultaneously.

Simultaneous elections will be defined as elections held together for the Lok Sabha and all state legislatures.

If the ECI determines that an Assembly election cannot be conducted simultaneously, it may recommend postponing that election.

Even if an Assembly election is deferred, the term of the Assembly will still end with the full term of the Lok Sabha elected in the general election.

The Union Territories Laws (Amendment) Bill, 2024

The Bill aims to align Union Territories with the framework for simultaneous elections.

The Bill proposes amendments to the Government of Union Territories Act, 1963, the Government of the National Capital Territory of Delhi Act, 1991, and the Jammu and Kashmir Reorganisation Act, 2019.

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Source: 

Indian Express