New Delhi: After the Union Cabinet on Thursday (December 12) approved the “one nation, one election” Bill, the government is planning to introduce it during the current winter session with an intention to amend four Articles in the constitution.
The constitution amendment Bill proposes to insert a new article 82A (simultaneous elections to the House of the People and all legislative assemblies) and amend Article 83 (duration of the Houses of parliament), Article 172 (duration of state legislatures) and Article 327 (power of parliament to make provision with respect to elections to legislatures). Notably, the Bill proposes simultaneous elections after 2034.
In addition, one more Bill for Union Territories will also be introduced next week in parliament. The government proposes to amend Section 5 of the government of Union Territories Act and government of NCT for simultaneous elections. Similarly, Section 17 of the Jammu and Kashmir Reorganisation Act will also be amended.
“Notwithstanding anything in this constitution or any law for the time being in force, and before the expiry of the full term of the House of the People, the Election Commission shall conduct general elections to the House of the People and all legislative assemblies simultaneously and the provisions of Part XV shall apply to these elections mutatis mutandis with such modifications as may, become necessary and which the Election Commission may, by order, specify,” the Bill mentions.
Illustration: Pariplab Chakraborty
Article 82 A
With the constitutional amendment, after Article 82 of the constitution, which is about the readjustment of the number of seats in the Lok Sabha and the division of states into constituencies after each census, the following Article shall be inserted, 82A.
(1) The president may by a public notification issued on the date of the first sitting of the House of the People after a general election, bring into force the provision of this Article, and that date of the notification shall be called the appointed date.
(2) Notwithstanding anything in Article 83 and Article 172, the term of all legislative assemblies constituted in any general election held after the appointed date and before the expiry of the full term of the House of the People shall come to an end on the expiry of the full term of the House of the People.
(3) Notwithstanding anything in this constitution or any law for the time being in force, and before the expiry of the full term of the House of the People, the Election Commission shall conduct general elections to the House of the People and all legislative assemblies simultaneously and the provisions of Part XV shall apply to these elections mutatis mutandis with such modifications as may, become necessary and which the Election Commission may, by order, specify.
(4) The expression “simultaneous elections” shall mean general elections held for constituting the House of the People and all the legislative assemblies together.
(5) If the Election Commission is of the opinion that the elections to any legislative assembly cannot be conducted along with the general election to the House of the People, it may make a recommendation to the president, to declare by an order, that the election to that legislative assembly may be conducted at a later date.
(6) Where the elections to a legislative assembly is deferred under clause (5), then, notwithstanding anything in Article 172, the full term of the legislative assembly shall end on the same date as the end of the full term of the House of the People constituted in the general election.
(7) The Election Commission shall at the time of notifying the election to a legislative assembly under this Article declare the date on which the full 25 terms of the legislative assembly shall come to an end.
Article 83
This Article primarily outlines the duration of the two houses of parliament.
Post the constitutional amendment, in Article 83 of the constitution after clause (2), the following clauses shall be inserted, namely –
(3) The five-year period from the date of first meeting of the House of the People shall be referred to as the full term of the House of the People.
(4) Where the House of the People is dissolved sooner than the expiry of its full term, the period between its date of dissolution and five years from the date of the first meeting shall be referred to as its unexpired term.
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(5) Notwithstanding anything in clause (2), where the House of the People is dissolved sooner than the expiry of its full term, the new House of the People constituted pursuant to elections occasioned by such dissolution, unless sooner dissolved, shall continue for such period as is equal to the unexpired term of the immediately preceding House of the People and expiration of this period shall operate as a dissolution of the House.
(6) The House of the People constituted under clause (5) shall not be a continuation of the previous House of the People and all the consequences of dissolution shall apply to the House of the People referred to in clause (4).
(7) The election for constituting the House of the People for its unexpired term shall be referred to as a mid-term election, and the election held after the expiry of the full term shall be referred to as the general election.
Article 172
Article 172 establishes the duration of state legislatures, including the legislative assemblies and legislative councils.
According to the constitution amendment Bill, in Article 172 of the constitution, after clause (1) the following clause shall be inserted, namely –
(1A) The five-year period from the date of the first meeting of the state legislative assembly shall be referred to as full term of the state legislative assembly.
After clause (2), the following clauses shall be inserted, namely –
(3) Where the state legislative assembly is dissolved sooner than the expiry of its full term, the period between its date of dissolution and five years from the date of the first meeting shall be referred to as its unexpired term.
(4) Notwithstanding anything in clause (1), where the state legislative assembly is dissolved sooner than the expiry of its full term, and a new state legislative assembly is constituted pursuant to elections occasioned by such dissolution, then, such new state legislative assembly, unless sooner dissolved, shall continue for such period as is equal to the unexpired term of the immediately preceding state legislative assembly and the expiration of this period shall operate as a dissolution of the assembly.
(5) The state legislative assembly constituted under clause (4) shall not be a continuation of the previous state legislative assembly and all the consequences of dissolution shall apply to the state legislative assembly referred to in clause (3).
Article 327
Article 327 deals with the power of parliament to make provision with respect to elections to legislatures.
In article 327 of the constitution, after the words “delimitation of constituencies”, the words “conduct of simultaneous elections” shall be inserted post the amendment.
Notably, the constitutional amendment Bill make no reference to this needing the nod of half of the state legislatures, a proposition bound to stir the hornet’s nest. Several chief ministers and almost all recognised national political parties have submitted their objections to aspects of this proposal.
