Standing Committee Report Summary
Feasibility of holding simultaneous elections to Lok Sabha and
State Legislative Assemblies
The Standing Committee on Personnel, Public
Grievances, Law and Justice (Chairperson: Dr.
E.M. Sudarsana Natchiappan) submitted its report
on the „Feasibility of Holding Simultaneous
Elections to House of People (Lok Sabha) and State
Legislative Assemblies‟ on December 17, 2015.
Need for holding simultaneous elections: The
Committee noted that the holding of simultaneous
elections to Lok Sabha and state assemblies would
reduce:
(i) the massive expenditure that is currently
incurred for the conduct of separate elections;
(ii)
the policy paralysis that results from the imposition
of the Model Code of Conduct during election
time; and
(iii) impact on delivery of essential
services and (iv) burden on crucial manpower that
is deployed during election time.
Term of Lok Sabhas: The Committee noted that
of the 16 Lok Sabhas that have been constituted so
far, seven were dissolved pre-maturely due to
coalition governments. However, it observed that
lately, the legislatures have been completing their
full term.
Anti defection law and President’s power to
proclaim emergency: The Committee observed
that the introduction of the Anti Defection Act,
1985 has prevented political defection in the ruling
party. This has had a direct bearing on the term of
the legislature.
The Committee also noted that in 1994, the
Supreme Court interpreted Article 356 of the
Constitution, in relation to the exercise of the
President‟s power to proclaim a state of emergency
in a state. The Supreme Court had held that the
President can put the legislative assembly of a state
in suspended animation (where functioning is
temporarily stopped) but cannot dissolve it without
concurrence of Parliament. Further, the validity of
the proclamation of the President‟s rule may be
examined by the judiciary. The Committee stated
that this has strengthened the federal structure of
the country by striking a constitutional balance
between the central and state governments.
Recommendations of the Law Commission: The
Committee referred to the recommendations of the
Law Commission of India, which had suggested
that elections of legislative assemblies whose term
ends six months after the general elections to Lok
Sabha can be clubbed together. However, the
results of such elections can be declared at the end
of the assembly‟s tenure.
Conditions for holding early elections: The
Committee noted that the Representation of People
Act, 1951 permits the Election Commission to
notify general elections six months prior to the end
of the terms of Lok Sabha and state assemblies.
The Committee recommended that in order to hold
early elections to Lok Sabha and state legislative
assemblies, one of two conditions must be met:
(i)
a motion for an early general election must be
agreed to by at least two-thirds of all members of
the House; or
(ii) a no confidence motion must be
passed by the House, and with no alternative
government being confirmed within 14 days of
passing a confidence motion.
Holding of elections in two phases: The
Committee recommended that elections could be
held in two phases. It stated that elections to some
Legislative Assemblies could be held during the
midterm of Lok Sabha. Elections to the remaining
legislative assemblies could be held with the end of
Lok Sabha‟s term.
Schedule of next cycle of elections: The
Committee suggested that the proposed first phase
of assembly elections could be held in November,
2016. Elections to all state assemblies whose terms
end within six months to one year before or after
the appointed election date can be clubbed together.
Similarly, the second phase of elections can be held
in 2019 with the General Elections to Lok Sabha.
Schedule of Bye-elections: The Committee also
recommended that bye-elections to all seats that
become vacant during a year may be conducted
together during a pre-determined time period.
