One Nation One Election needs at least 5 Constitutional amendments: All you need to know

Prime Minister Narendra Modi's government announced 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, the proposal for simultaneous elections requires several Constitutional amendments.

At least five Articles of the Constitution must be amended to ensure the smooth implementation of the 'One Nation, One Election' plan. Achieving these amendments could prove challenging for the government. 

The NDA government needs a two-thirds majority in Parliament to pass these amendments. However, the BJP-led NDA may not have the required numbers.

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 these amendments.

Here are the key Constitutional amendments needed to implement One Nation, One election:

1. Representation of the People Act

Under 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. Amendments in this Act are required to alter the fixed term of assemblies and align election schedules.

For example, if simultaneous polls were held in 2019, over 15 state assemblies would need to be dissolved before completing their 5-year term to align 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.”

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, while Sections 147 to 151A deal with bye-elections to the House of the People and State Legislative Assemblies.

2. Article 83 (2) and Article 172 (1)

Articles 83 (2) and 172 (1) set 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.”

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 a clear majority—adoption of a no-confidence motion, defection, or any such other event.

What's the purpose of amending these Articles? The amendment may be brought in to ensure that the term of the reconstituted assembly (after the dissolution) is less than five years to compensate for the time in the 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.

3. Provisions for Union territories

The One National One Election panel report stated that similar amendments would be required 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.

Section 17 (Duration of Legislative Assembly) of the Jammu and Kashmir Reorganisation Act, 2019, will also need to be amended.

4. Article 356, Articles 85 and 174

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 the 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 allow the President/Governor to dissolve the Lok Sabha/Legislative Assembly as needed.

5. Article 325

“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 a Single Electoral Roll and Single Electors’ Identity Card will override provisions of State laws, as every State has its own provisions for the electoral roll in its respective laws related to Panchayat and Municipality.

6. Article 324A

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

A new Article 324A would facilitate the simultaneous elections for Panchayats and Municipalities with the General Elections for the Lok Sabha and State Legislative Assemblies.