Law panel may propose simultaneous polls in 2029, adding chapter in Constitution

Headed by Justice Ritu Raj Awasthi (retd), the commission is expected to propose adding a new chapter to the Constitution on ‘one nation, one election’ to make it possible to hold the world’s largest democratic exercise, they said.

PTI, New Delhi, February 28, 2024 : The Law Commission is likely to recommend ‘one nation, one election’ i.e. simultaneous polls for the Lok Sabha, state Assemblies and local bodies across India by mid-2029, sources said on Wednesday.

Headed by Justice Ritu Raj Awasthi (retd), the commission is expected to propose adding a new chapter to the Constitution on ‘one nation, one election’ to make it possible to hold the world’s largest democratic exercise, they said.

The law panel’s report on the three-tier simultaneous polls is expected to be out soon as Justice Awasthi has been appointed as a judicial member of the Lokpal and the report has to be submitted to the government before he takes over his new assignment, they said. A high-level committee headed by former President Ram Nath Kovind is also working on ‘one nation, one election’ and holding deliberations with various stakeholders, including political parties to make it a reality by effecting necessary changes to the Constitution and the existing legal framework. 

The Law Commission will recommend synchronising the terms of legislative Assemblies in “three phases” in the coming five years to ensure the first simultaneous polls are held in May-June 2029, when the 19th Lok Sabha will be elected. The amendment will include issues related to “simultaneous election”, “sustainability of simultaneous elections” and “common electoral roll” for Lok Sabha, state legislative Assemblies, panchayats and municipalities so that simultaneous polls can be held together “in one go”, they say.

The new chapter in the Constitution would include issues related to "simultaneous election", "sustainability of simultaneous elections" and "common electoral roll" for Lok Sabha, state Legislative Assemblies, panchayats and municipalities so that the three-tier simultaneous polls could be held together "in one go", they explained. 

The new chapter being recommended will have power of non-extant" to override other provisions in the Constitution dealing with terms of Assemblies. 

The new chapter being recommended will have an overriding effect over other provisions in the Constitution dealing with terms of Assemblies and the five-year period in which the terms of Assemblies will be synchronised will be spread over three phases.

The first phase may deal with state Assemblies whose period will have to be curtailed by a few months — three or six months — and in case a government falls due to no-confidence or if there is a hung House, the law panel is likely to recommend constitution of a “unity government” with representatives from various political parties, the sources say. 

If the unity government formula does not work, fresh elections may be held for the remainder of the term of the House to ensure the next election for that House is held simultaneously with the rest of the country, they say.

The Commission would recommend that the first phase may deal with state Assemblies whose period will have to be curtailed by a few months --three or six months. In case a government falls due to no confidence or if there is a hung House, the Commission would recommend constitution of a "unity government" with representatives from various political parties. 

In case the unity government formula does not work, the law panel would recommend holding fresh elections for the remainder of the term of the House. 

"Suppose fresh elections are called for and the government still has three years, then polls should be for the remainder of the term -- three years-- to ensure sustainability," a source explained. Besides the Law Commission, a high-level committee under former President Ram Nath Kovind is also working on a report on how simultaneous polls to the LokSabha, state Legislative Assemblies, municipalities and panchayats can be held by tweaking the Constitution and the existing legal framework. 

Along with the upcoming Lok Sabha polls, expected in April-May this year, elections for at least five assemblies are likely to take place, while state polls for Maharashtra, Haryana and Jharkhand are expected later this year. Bihar and Delhi are scheduled for assembly polls next year, while Assam, West Bengal, Tamil Nadu, Puducherry and Kerala are scheduled for 2026, and Uttar Pradesh, Uttarakhand, Punjab and Manipur in 2027. 

As many as nine states may have Assembly polls scheduled for 2028-- Tripura, Meghalaya, Nagaland, Karnataka, Mizoram, Chhattisgarh, Madhya Pradesh, Rajasthan and Telangana.