One Nation One Election Needs At Least 5 Constitutional Amendments: All You Need To Know

(MENAFN- Live Mint) Prime Minister Narendra Modi's government said on Wednesday that the Union Cabinet accepted the recommendations of the High-Level Committee on 'One Nation, One Election'. While all eyes are on the Centre's next move, it's argued that the implementation of simultaneous elections requires several Constitutional amendments in the process.

At least five Articles of the constitution must be amended to ensure the smooth implementation of the 'One Nation, One Election' idea. However, it doesn't seem that easy for the government to bring about these Constitutional amendments.

The NDA government needs the support of two-thirds majority in Parliament to pass many of these amendments. Only then will they be applied in the process of conducting the 'One Nation, One Election' . However, the BJP-led NDA may fall short of the required majority.

Soon after the government's announcement, Karnataka Chief Minister Siddaramaiah said that to implement the new electoral system, "at least five chapters of the Constitution would need to be amended." Legal experts have also said that at least five Articles of the Constitution need to be amended to conduct 'One Nation, One Election '. Even the High-Level Committee on simultaneous polls acknowledged the need for constitutional amendments.

As per the Act, elections to a House can be held anytime within six months preceding the date of the scheduled dissolution on completion of the five-year term. The amendments in this Act are required to alter the fixed term of assemblies and align election schedule .

This is because, if the simultaneous polls are to be held in 2019 (for example), over 15 state assemblies will have to be dissolved before their 5-year term comes to an end – to hold them along with the Lok Sabha elections.

Those opposing One Nation One Election ideas contended that altering these terms would violate the Constitution's basic structure. Article 368 lays down the procedure for amendment of the Constitution. The only limitation of this power is that "Parliament cannot alter the basic structure of the Constitution".

Besides, Sections 141 and 152 of the Representation of the People Act, 1951, deal with notification for general election to the House of the People and the State Legislative Assemblies. Sections 147 to 151A deals with bye-elections to the House of the People and State Legislative Assemblies.

Articles 83(2) and 172(1) provide the maximum duration of the Lok Sabha and state Assemblies, respectively. According to these articles, Assemblies shall continue for five years from the date of their first meeting, "unless sooner dissolved."

There have been times when state assemblies have been dissolved before the term of the existing House expires. There have also been cases of hung assemblies – when no political party has clear majority – adoption of a no-confidence motion, or defection or any such other event.

What's the purpose to amend these Article? The amendment may be brought in to ensure that the term of the reconstituted assembly (after the dissolution) is less than five year to compensate the time in run up to the next simultaneous polls.

In such situations, amendments to the Constitution are required so that "in the event of mid-term dissolutions, the term of the reconstituted legislature shall be for a period lesser than five years and for the remaining unexpired period of the original term of five years."

This may help synchronise elections to the Lok Sabha and State Assemblies within a few years. The panel's report noted that a Constitution Amendment Bill must be introduced in Parliament, amending Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures). "This Constitutional Amendment will not need ratification by the States," it said.

The One National One Election panel report stated that similar amendments will be required to be made in Section 5 (Duration of Legislative Assembly) of the Government of National Capital Territory of Delhi Act, 1991 for the Legislative Assembly of Delhi, and Section 5 (Duration of Legislative Assembly) of the Government of Union Territories Act, 1963 for the Legislative Assembly of Puducherry.

Amendment will also be required in Section 17 (Duration of Legislative Assembly) of the Jammu and Kashmir Reorganisation Act, 2019 .

Article 356 allows the Centre to dismiss an elected state government and impose the President's Rule. An amendment to this Article may pave the way to prevent the premature dissolution of the Houses and Assemblies.

Notably, the emergency provision contained in Article 356 was used to dissolve State Legislative Assemblies before the expiry of their tenure. In addition, circumstances such as a hung house, no-confidence motions, and other such events result in pre-mature dissolution of the House.

In a report on One Nation One Election released in March this year, Justice Pradeep Nandrajog, Former Chief Justice of Bombay High Court, suggested amendments to Articles 85(1), 174(2), and 83(2) to facilitate implementation. Articles 85 and 174 provide that the President/Governor may from time to dissolve the Lok Sabha/Legislative Assembly in time.

"In order to have a Single Electoral Roll and Single Elector's Photo Identity Card, an amendment shall be made to Article 325," stated the report on One Nation One Election released in March year. This amendment is expected to have an "overriding effect over Articles 243K, and 243ZA".

As per the document, this amendment will facilitate that the Election Commission of India should prepare the electoral roll“in consultation with” the State Election Commissions. This will substitute any electoral roll prepared earlier by either the Election Commission under Article 325 or the State Election Commissions under Article 243K and Article 243ZA.

It is argued that the introduction of Single Electoral Roll and Single Electors' Identity Card will put an overriding effect upon the provisions of State laws as every State has its own provisions for the

electoral roll in their respective laws related to Panchayat and Municipality.

The panel report had said a Constitution Amendment Bill (different from that amending Article 83 and Article 172) will be introduced for insertion of Article 324A for elections to Municipalities and Panchayats.

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