SYNCHRONIC ELECTIONS: A JURISPRUDENTIAL CONSTITUTIONAL DEBATE BY - SANIGHDHA
SYNCHRONIC ELECTIONS: A JURISPRUDENTIAL CONSTITUTIONAL DEBATE
AUTHORED BY
- SANIGHDHA[1]
“The true source of rights is duty.
If we all discharge our duties, right will not be very far to seek. If leaving
duties unperformed, we run after rights, then they will escape us like a
will-o-the-wisp. The more we pursue them, the farther they fly. Voting and
elections are such duties.[2]”
-Mahatma Gandhi (The Father of the
Nation)
I.
Simultaneous
Elections: A Historical and Evidentiary Brief:
India, being the largest, biggest and
the most vibrant democracy[3] of
the world, the conduct of elections, as per Part XV of the Constitution of
India[4]
(the grundnorm and sacred document); is not just an authentication,
corroboration, and verification of the presence of principles of
constitutionalism, constitutional morality, constitutionality; but also
documents and attests India, as the frontrunner and torchbearer of enlightened
democratic apparatus existing in India. Right to vote and right to elect, as
well as the right to contest elections, is the stabilized and recognised right
in accordance with the Constitution of India, otherwise a constitutional and
legal right. In the historical and evidentiary time periods of India as well as
the world, the right to conduct elections and the right to vote has been upheld
in ancient-civilizational periods, the medieval-transformative periods, and the
modern-reformist periods- as one of the basic fundamental and human rights[5] of
all times. That is why, the first step after India got transformed into a
full-fledged Republic (on the auspicious occasion of 26th January
1950), was to hold the elections for the contested seats. It must be noted that
when one talks about simultaneous elections, it is the Lok Sabha and the State
Assemblies that are being considered and referred to for this exercise. This is
because the Rajya Sabha[6] is
never dissolved and only follows the mechanism that is prescribed for it, by
the Constitution of India. In the years following the independence, 1952, 1957,
1962, 1967 are the periods when simultaneous elections were held. But these
were discontinued due to the premature or immature dissolution of certain state
assemblies. The breakdown of this mechanism has till now, resulted in an uneven
and differing cycles of elections, whereby Lok Sabha and State assembly
elections are never held simultaneously.
The recent report by the legally
constituted Committee, under the able Chairmanship of Sh. Ram Nath Kovind[7],
former President of India, has once again declared that holding simultaneous
elections is a possibility. There would be two major constitutional amendment
Bills[8]
that need to be passed for the same. The first Constitutional Amendment Bill
will entail transition to simultaneous elections’ phase with Parliament
amending Article 82[9] of the
Constitution of India, substantially, Article 83[10]
and Article 327, apart from amending certain legislations of the Union
Territories. This will not need the assent or consultation of the respective
State governments. However, the second major constitutional amendment Bill will
entail the consultation and concurrence of the State Assemblies.[11]
II.
Simultaneous
Elections: A Blessing in Disguise or a Federal Gordian’s Knot
Possibly, and justifiably, the need
for simultaneous elections rises from the fact that it will ensure a more
vibrant celebration of the Indian democracy. But there are some pitfalls for
the same too. But initially, the benefits of simultaneous elections are
discussed. Firstly, and foremostly, the issue that will stand resolved
with the synchronized conduct of elections is the reduced time period of model
code of conduct. India, being a socialist and welfarist State, embracing
rapidly developing technological advancements and social reforms, presently, is
in the need of development works that benefit its youth dividend[12]
and increasing geriatric population[13]. The
welfare of these two sections, the rural welfare programmes, and the
women-centric transformative steps as well as pan-India social sector schemes
are all dependent upon the issuance of funds as well as awareness programmes.
All of these get stalled when recurring elections do not let the elected work
tirelessly and un-erratically. Secondly,
if the elections are held simultaneously, instead of being held repeatedly, the
focus of the elected few and the representatives of the people will always be
on the development of the nation, the security of its boundaries and the
protection of its citizenry; instead of making promises based on the next
election. Right now, every party and every party candidate are more focused
upon the next election that is going to happen. Thirdly, the
administrative machinery of the State being engaged repeatedly in elections,
whether they be of State assemblies or the Parliament, loose out their energy
to engage themselves in the actual work that they are employed and appointed for.
Thus, simultaneous elections will not only aid in increasing the administrative
efficiency[14] of the
state governments, but will also make actual ground-level democratic
transformation a constitutional and a living reality. Fourthly, the internal security
apparatus and the reduction of black money, are also the advantages of holding
elections simultaneously. Fifthly and lastly, the process of
simultaneous elections will not only aid in reduction of populist and popular
measures, increased voter turnout, improvement in social harmony, reduced
burden on the State exchequer, as well as better utilization[15]
of the funds allocated and collected by the political parties.
However, the pitfalls of the holding
of simultaneous elections are also numerous. Firstly, the debate goes on
to the federal problem that plagues the idea. It is almost impossible to cut
down on the terms or extend the terms of certain state legislative assemblies,
that will not only undermine the democratic federal principles, but will also
imperil the established federal principles of Indian democracy. Secondly,
the idea is against the spirit of democracy because it tries to implement an
artificial cycle of elections, which will not only limit the rights of the
voters, but will force them to vote against their will. Thirdly,
regional partis will be at a disadvantageous position because of reduced focus
on them. Fourthly, diminished accountability is an issue that needs to
be handled while dealing with the idea of simultaneous elections. Thus,
simultaneous elections, if at all held, will not only be a bed of roses but
will have a definite cushioning of stingy thorns, as well.
III.
Conclusion
and Way Forward
Conclusively, the concept of
simultaneous elections is one of the most appropriate ways forward for the
Indian democracy, because it has been decided by a panel of esteemed jurists
and constitutional post holders. But the idea is not a full-proof plan in
itself. As mentioned, it has its own set of challenges, that need to be tackled
effectively, for the betterment of the society. However, while implementing it,
the requisite government must pay heed to and listen to the voice of the people
as well, because it is a huge change that the Indian democracy will undergo. Thus,
then only, with the understanding of all stakeholders, this idea will see the
light of the day, in the most righteous sense. Jai Hind.
[1] Sanighdha; Junior Research Fellow,
Department of Laws, Panjab University, Chandigarh; sn201918@gmail.com.
[2] “Quotes By Founding Fathers and
Others on Citizens’ Duties.” Government of India, https://dpe.gov.in/sites/default/files/Quotes_by_founding_fathers.pdf. Accessed 3 Oct.2024.
[3] “India is one the few vibrant
democracies in the World, says White House.” Business Standard, https://www.business-standard.com/elections/lok-sabha-election/india-among-the-few-vibrant-democracies-across-world-says-white-house-124051800030_1.html. Accessed 3 Oct.2024.; Mahajan,
Kuber. Election Laws in India. Whitesmann Publications, 2020; Chaudhari,
Anurag. Elections in India: Issues and Challenges. Whitesmann Publications,
2021; Mahajan, Kuber. Election Laws and Practices in India. Whitesmann
Publications, 2024; Malhotra, Manav. Laws of Elections in India. Singhal
Law Agency, 2022; Mendiratta SK & Devi Rama. How India Votes: Elections
Laws, Procedure and Practice in India. Lexis Nexis, 2017; Quraishi, S.Y. India’s
Experiments with Democracy: The life of Nation Through Its Elections.
Harper Collins India, 2023; Jaishri Jethawany & Kapur, Samir. When India
Votes: The Dynamics of Successful Election Campaigning.
[4] The Constitution of India.
The Government of India, 1950.
[5] The Universal Declaration of
Human Rights. The United Nations, 1948; The Constitution of India.
The Government of India, 1950.
[6] The Constitution of India.
The Government of India, 1950.
[9] The Constitution of India.
The Government of India, 1950.
[10] The Constitution of India.
The Government of India, 1950.
[11] The Constitution of India.
The Government of India, 1950.
[12]“India can Reap its Democratic
Dividends by Investing in the Care and Gig Economies.” International Labour
Organisation, https://www.ilo.org/node/649796#:~:text=India%20has%20the%20demographic%20dividend,the%20labour%20force%20each%20year. Accessed 3 Oct. 2024; “Cashing in
On India’s Demographic Dividend.” Down to Earth, https://www.downtoearth.org.in/governance/cashing-in-on-india-s-demographic-dividend-95568 Accessed 3 Oct. 2024; “India’s
High Youth Dividend: High Hopes for Today and Tomorrow.” Gallup News, https://news.gallup.com/poll/509756/india-youth-dividend-high-hopes-today-tomorrow.aspx. Accessed 3 Oct. 2024; “India’s
Demographic Dividend: The Key to Unlocking its Global Ambitions.” S&P
Global, https://www.spglobal.com/en/research-insights/special-reports/look-forward/india-s-demographic-dividend-the-key-to-unlocking-its-global-ambitions. Accessed 3 Oct. 2024;
“Demographic Dividends for India: Evidence and Implications Based on National
Transfer Accounts. “Asian Development Bank. https://www.adb.org/publications/demographic-dividends-india-evidence-and-implications-based-national-transfer-accounts. Accessed 3 Oct. 2024.
[13] “India’s Ageing Population.” UNFPA,
https://india.unfpa.org/en/news/indias-ageing-population-why-it-matters-more-ever#:~:text=While%20India%20has%20the%20highest,staggering%20347%20million%20by%202050. Accessed 3 Oct. 2024.
[14] “The Pros and Cons of Simultaneous
Elections.” The Hindu. https://www.thehindu.com/news/national/the-pros-and-cons-of-simultaneous-elections-explained/article67790554.ece. Accessed 3 Oct. 2024.
[15] Das, Pushpita. India’s Internal
Security: Role of State Governments. Pentagon Press, 2024.