Modi’s New Poser
By Poonam I Kaushish
In this sultry season amidst coverage of forthcoming G 20 when Parties are gearing up for upcoming Great Indian Political Circus, suffering from all-year Perpetual Election Syndrome (PES), Government caught Opposition off-gaurd by announcing Parliament’s five-day special session 18-22 September Thursday. Next day it set up a committee chaired by former President Kovind to draw a roadmap for simultaneous polls, succinctly ‘one nation, one election.’
Undoubtedly, it is one way to get rid of incompetence, malfeasance and casual governance. But it is an idea that needs to be debated extensively at all levels. Its pros and cons must be weighted before arriving at a final solution as the change entails changing the Constitution’s basic structure.
Questionably, can one hold simultaneous polls for Parliament, State Legislatures and Panchayats? If so, would it be advisable in the best national interest? Given BJP backs simultaneous polls, Congress, Left, TMC etc think it’s impractical, unworkable, unfeasible and anti-democratic.
Those in favour argue with States going to polls every year, running Central and State Governments has become challenging. Amidst this nerve-racking money spewing elections vending machines the solution to chronic PES lies in panacea of holding one mega election every five years.
As once a Party is elected and Government formed it can get down to work, take hard decisions in public interest and concentrate on delivering good governance without worrying about its impact on its vote banks. As several good initiatives are dumped due to electoral considerations lest it upset a caste, community, religion or region. All, becoming victims of policy paralysis, mismanagement and poor implementation.
Another benefit of concurrent polls is it would result in huge financial saving as over the years election costs have sky rocketed. In 1952, Lok Sabha and Assemblies elections cost was Rs 10 crores. In 1957 and 1962 expenditure came down to almost Rs 6 and Rs 7.5 crores respectively.
Let’s face it. Post 2019 Lok Sabha elections, we witnessed 30 State Assembly polls and are now readying for Rajasthan, MP, Chhattisgarh, Mizoram and Telangana. Next year it’s Andhra, Odisha, Arunachal, Sikkim April, Maharashtra-Haryana October, Jharkhand November. February 2025 Delhi goes to polls followed by Bihar December.
The 1999 Law Commission report recommended a two-phase process with some Assemblies going to polls mid-term of Lok Sabha and the remaining at the end of Lok Sabha’s tenure, with the Election Commission (EC) notifying polls six months before completion of the term.
Niti Aayog too concurred: Lok Sabha polls with 14 State elections May-June as is the current electoral cycle and remaining States in second phase, roughly 2.5 years later.
The EC suggested all elections falling in one year be conducted together and States going to polls the same year as Lok Sabha be clubbed. This, with some curtailment/ premature dissolution of Assembly terms, would help in setting the stage for simultaneous polls.
Pertinently, Prime Minister Modi has repeatedly mooted this idea since 2016. Not only would it give netas and Party workers time to take people-oriented schemes to people but also save the Exchequer and Parties money.
His idea was endorsed by the Law Commission August 2018 as it would reduce burden on the administrative machinery which could then focus on development activities rather than electioneering and security forces. Two, where polls are slated for Lok Sabha and State Assemblies the same year they could be advanced or postponed and held together while others shortened or lengthened.
Undeniably, the relentless election calendar is taking a toll. An election is always round the corner and once the moral code of conduct kicks in it paralysis governance. Parties and Governments with one eye on impending poll give in to seductions of populist moves and shirk long-term policy and planning.
Recall, the 1952, 1957, 1962, 1967 elections saw concurrent elections for Centre and State legislatures. It was only in 1971 when Indira Gandhi dissolved Lok Sabha and advanced polls by a year that this synchronization fell apart. Resulting in many unstable Governments at Centre and States, leading to early dissolution of Lok Sabha or Assemblies.
Moreover, expenditure spiralled, doubling to over Rs 23 crores in 1980, further doubling to Rs 54 crores 1984 and Rs 154 crores 1989. In 1991expenses shot up to Rs 359 crores, 1999 to Rs 880 crores, 2004 Rs 1300 crores, 2014 Lok Sabha elections Rs 30,000 crores and staggering Rs 60,000 crores in 2019.
However, the legal and Constitutional position on Lok Sabha/ State Assembly term is challenging and requires amendments, including ratification by States to avoid future legal confrontation. An example: Article 83(2) and 172(1) aver Lok Sabha/ State Assembly term respectively should be for five years from date of its first sitting.
But, both do not have a fixed term and can be dissolved earlier. Further, the provisos allow extension of Parliament/Assembly’s term for six months at a time following a ‘proclamation of emergency.’
Besides, Article 356 allows Centre to bring a State under President’s rule by prematurely dissolving its Assembly. But, the Anti-Defection Act, 1995 and Supreme Court placed several safeguards to prevent misuse of this power.
This proposal is not finding takers among INDIA Parties. Why should we agree to truncated tenure of our State Government, is a common refrain. They believe the Government’s motive of simultaneous elections is to bridge BJP’s weakness in the upcoming State Assembly polls.
“It is motivated by political considerations, as when concurrent elections are held voters tend to vote for the same Party. BJP knows it has unparalleled dominance at the national level. Also, poll issues at Centre and States are different which would create confusion. A Party could be deserving of support at the Centre for its policies and performance at the national level. Yet, it could be deserving of popular punishment and defeat for its policies and performance at State level. Also, this fractious process would strain our federal fabric,” said a Congress leader.
Some argue a fixed term for Lok Sabha/ State Legislatures goes against Parliamentary democracy’s basic tenets. What happens if after simultaneous polls, an Assembly’s five-year term is interrupted by political realignments? Clearly, this would help the dominant national Party at the Centre and disadvantage the regional player.
What happens if a Government falls at the Centre or State mid-term? Or if a Government enjoying people’s mandate is voted out, it would continue to hold office or be replaced by another Government, which might not necessarily enjoy the popular mandate?
Plainly, a Government which lacks the confidence of the House would be foisted on the people, with no say in the matter. Smacking of de facto dictatorship or monarchical anarchy, an idea which translates into unrepresentative governance. It would impose artificial fixity on legislatures terms at Centre and States which is at odds with a system given its staggering diversity.
To avoid this EC suggests a no-confidence motion against a Government must come alongside a confidence motion for another Government and Prime Minister and voting for both motions done simultaneously. Ditto in State Assemblies.
True, there are cogent arguments on either side: Development vs accountability? Electoral expenses vs political choices? Governance vs electoral fairness? Given how elections have an almost talismanic power in the country’s democracy the stakes couldn’t be higher.
Remember, elections are the bedrock of our democracy, we should avoid polls duplication. With States perpetually in election mode, managing Government is akin to running with the hare and hunting with the hound. India’s democracy should not be reduced to a tu-tu mein-mein between Parties all the time. — INFA