As per the Constitution (129th Amendment) Bill, 2024, to be tabled on Monday, December 16, the proposed ‘One Nation One Election exercise’ will be set in motion after 2029 general elections. Arjun Ram Meghwal, Union Minister of State for Law and Justice and Parliamentary Affairs, will table two Bills seeking to introduce significant changes, including a mechanism for mid-term elections.
As per the Constitution (129th Amendment) Bill, if the Lok Sabha or a State Legislative Assembly is dissolved prematurely, elections will be held to form a new government for the remaining period, rather than a full five-year term. The Union Territories Laws (Amendment) Bill, to tabled along with it, is to amend provisions in laws for three Union territories with legislative assemblies
The “appointed date” when the exercise will begin, in the current situation, will be the date of the public notification issued by the President after the first sitting of the Parliament following the 2029 Lok Sabha elections. And the term of any state assemblies, which is constituted after this date, will end in 2034, whether or not they complete the whole five years. Simultaneous elections will be held in 2034.
The Bill aims to introduce Article 82(A) into the Constitution, enabling "simultaneous elections to the House of the People and all Legislative Assemblies". It also proposes to amend Articles 83 (duration of Houses of Parliament), 172 (duration of state legislatures) and 327 (power of Parliament to make provisions with respect to elections to Legislatures).
If the Lok Sabha or a state legislative assembly is dissolved before completing its term, elections will be held for the remaining term rather than the full term.
Once approved by both houses of the Parliament, the Bill will be enacted on a date decided by the Union government through a gazette notification.
The insertion of Article 82(A) is at the core of the proposed legislation. This provision ensures that elections to both the Lok Sabha and state legislative assemblies are held together as general elections, in other words, this has been referred to as “simultaneous elections”.
As per the draft, after the first sitting of the Lok Sabha following a general election, the President would issue a public notification to enforce this system. The next general election is scheduled to be held in 2029. All Legislative Assemblies elected after this appointed date would automatically align their terms with that of the Lok Sabha, expiring simultaneously at the end of the Lok Sabha’s five-year term.
Deferment and mid-term elections
The Bill provides a mechanism for situations where simultaneous elections cannot be conducted in a particular state. Under Section 82A(5), the Election Commission can recommend to the President to defer elections for a State Legislative Assembly while still aligning its term with that of the Lok Sabha. This provision is designed to address unforeseen circumstances that may hinder the conduct of elections in specific states.
If elections for a Legislative Assembly are deferred, the Bill clarifies that its term would still end with the Lok Sabha’s term, irrespective of the delay.
Additionally, the Bill proposes amendments to Articles 83 and 172 to address scenarios where mid-term elections become necessary. If the Lok Sabha or a Legislative Assembly is dissolved before completing its five-year term, elections will be held for the "unexpired term" rather than the full term. This means that, if a government is dissolved, when it has two more years remaining for its term to end, the newly elected body would only be in power for the next two more years and not for the full course of 5 years.
However, the new body elected in such cases would not be considered a continuation of the dissolved one.
Amendments to facilitate simultaneous and mid-term elections in Union Territories have also been proposed with regard to the Government of Union Territories Act, 1962, and corresponding legislations for the National Capital Territory and Jammu & Kashmir.
The Kovind panel, which was constituted in September 2023, to examine the feasibility of simultaneous elections, has recommended that constitutional amendments enabling such synchronisation, do not require the ratification by states under Article 368 of the Constitution.
However, the panel says that ratification by not less than one half of the state assemblies would be required for constitutional amendments aimed at introducing a common electoral roll and aligning municipal and panchayat elections with simultaneous elections. This stems from the significant implications that such changes could have on the federal balance and powers of state legislatures.