8.Gist of views/suggestions expressed by Political Parties and other stakeholders during study visit
•are as under:-
•Almost all political parties who appeared before the Committee felt that simultaneous elections
•to Lok Sabha and State Legislative Assemblies is a cost effective noble proposition but difficult
•to implement because of our Constitutional arrangement. A conjoint reading of Articles 83(2)
•and 172(1) of Constitution makes it clear that tenure of Lok Sabha and State Legislative Assemblies
•cannot be extended beyond five years except in the case of proclamation of emergency. In
•case simultaneous elections were to be conducted either the tenure of Lok Sabha or some of
•the State Legislative Assemblies has to be extended beyond five years which is not permissible
•under aforesaid Articles of the Constitution. The Government of the day need to enjoy the
•confidence of the House during its entire tenure. It can fall due to loss of majority at any point
•of time during that tenure.
•Neither the Lok Sabha nor the State Legislative Assemblies could be prematurely dissolved to
•synchronize General Elections to Lok Sabha and State Legislative Assemblies.
•Neither the simultaneous election to Lok Sabha and State Legislative Assemblies nor mid-term
•poll is contemplated in the Constitution. But simultaneous elections for Lok Sabha and State
•Legislative Assemblies continued till 1967. Mid-term polls have been resorted to as a political
•necessity under Article 356 of Constitution.
•Electors choose the Government for five years but Government falls for practical reasons. The
•will of the people should be respected at any cost. It should be common endeavour to avoid
•mid-term poll. Constructive no-confidence should be utilized.
•Political parties are on toes to face elections almost every year. There may be election to
•Legislative Assemblies. Zila Parishad, Nagar Panchayat, Co-operative Banks etc. for which Election
•Commission of India impose model code of conduct disrupts the pace of development. It was
•suggested to hold one election for Lok Sabha, State Legislative Assembly and Panchayat Raj
Institution.The practice of having common ballot for many posts in United States of America
•may be implemented to avoid multiple elections in the country.
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•Premature dissolution of Legislative Assemblies happened mainly due to coalition politics and
•imposition of President's Rule. However, indiscriminate use of President's rule by the Union
•Government has been regulated after guidelines issued by Supreme Court in S.R. Bommai case.
•Political parties have developed maturity to complete the full tenure of the House even in the
•coalition politics.
•Simultaneous election will reduce poll expenditure of Government as well as of political parties.
•It will also ensure increase of poll percentage, reduction of public holidays on account of election
•and above all good governance giving more time to the elected Government to fulfil its election
promises.
•For holding simultaneous election the tenure of Lok Sabha and State Legislative Assembly is
•to be fixed for five years. The experiment of House of Commons of United Kingdom in passing
•the Fixed-term Parliaments Act, 2011 has been referred to where mid-term poll could be held
•only if two-third majority of House of Commons vote for fresh election or an alternative
•Government is not formed within fourteen days. They have specified the poll date for the first
•Thursday in May in the fifth calendar year.
•Constructive no confidence motion for alternative Government should be made mandatory while
•piloting no confidence motion in the House.
•In case of premature dissolution of Lok Sabha or State Legislative Assembly, if mid-term election
•became essential, the tenure of the House should be for remaining period.
•Along with simultaneous election, other aspects of electoral reforms viz ., Paid News, State
•Funding of election, e-voting should also be discussed.
•Written submissions of Recognized Political Parties
9.0. All India Anna Dravida Munnetra Kazhagam (AIADMK) has extended its support to the idea in
principle.It has stated the following:
•"x x x However, there are likely to be some key issues which would have to be resolved before such
•a practice can be adopted. It entails that the Lok Sabha and the State Assemblies would have a
•fixed term. This is similar to the fixed Term Parliaments Act, 2011 in the UK, where the elections
•have been fixed for every five years and the elections can be held prior to that only if:-
•Two-thirds of the majority of the House of Commons vote for fresh elections; or
•The Government falls because of a vote of no-confidence, and another Government cannot
•pass a confidence motion within fourteen days.
•Having simultaneous elections in India would mean that both the Lok Sabha and State
•Assemblies should first be given a fixed term. Together with the fixed term, fixed dates of election
•and counting should also be announced as in the case of the Presidential Election in the United
States.This will enable the political parties to prepare themselves well for the elections. Further,
•the dates will not be left to the whims of the Election Commission of India, who suddenly call
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•for a Press Meet and announce the Election schedule, from which time the Model Code of Conduct
•comes into force.
•However, even after that further problems will arise Firstly, in adjusting the residual time
•period of the existing State Assemblies which are currently not coterminous with the Lok Sabha.
•Will the terms of these Assemblies be extended or cut short? Norms would have to be worked out
•for this. This is particularly relevant since a large number of States including Tamil Nadu will go
•to the polls before the next Parliament Elections scheduled in 2019. It could mean that the next
•Legislative Assembly in Tamil Nadu may have a tenure only from 2016 to 2019, while Uttar Pradesh,
•Punjab, Goa, etc. will have tenures from 2017 to 2019, and Bihar from 2015 to 2019. These
•aberrations are inevitable if a policy of simultaneous elections is adopted x x x".
9.1. Asom Gana Parishad (AGP) has stated that it supports the idea of holding simultaneous elections
•as it would reduce financial burden on small parties and reduce the time period for which the MCC is
•applied to the States which often leads to policy paralysis and slow down the implementation of
•developmental programmes.
9.2. The Indian Union Muslim League (IUML) has supported the idea of holding simultaneous elections
•in the country and has stated that it would lead to significant saving in time, energy and resources of
•the country.
9.3. Desiya Murpokku Dravida Kazhagam (DMDK) has supported the proposal of holding simultaneous
elections.It has given the following suggestions for the implementation of the idea:-
•"x x x In the Constitution of India, there is provision that a member elected in the bye election can
•hold office for the remaining period of term only, whether it is for the Rajya Sabha/Lok Sabha or
•for Legislative Assembly. Similarly General Election are conducted whenever Parliament/Assembly
•is dissolved or resigned pr ematurely. The Government thus formed has the right to rule for complete
•five years instead of the remaining period. This should not be like this. If a Government is formed
•after premature dissolution, its term should be fixed for the remaining period only. Only then it will
•ensure the conduct of elections simultaneously for Parliament or Assembly x x x"
9.4. Shiromani Akali Dal (SAD) while supporting the idea has submitted the following:-
•"x x x Although we are in favour of simultaneous election of Parliament as well as State Assemblies
•but still there are some debatable points given below:-
•An important point needs to be considered is that in case if in some State a hung Assembly
•is formed, as recently happened in Delhi, what mechanism will be available? As President Rule
•in such a situation cannot be imposed for the remaining full term of the Legislative Assembly.
•And if there happens to be a re-election due to any factor what should be the term of the Assembly
•thus constituted? Such solution needs to be clarified in time so as to implement the new policy.
•In View of the reasons stated above, Shiromani Akali Dal supports the holding of Simultaneous
•Elections to the House of People (Lok Sabha) and State Legislative Assemblies in Public
Interest."
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9.5. The Indian National Congress (INC) has stated that:-
•"x x x The proposal of holding simultaneous elections, ideal as it may sound is impractical, unworkable
•and can lead to a scenario where the necessary balance in Indian democracy given the diversity
•of the country is lost."
9.6. All India Trinamool Congress (AITC) has rejected the idea and has stated that the Constitution of
•India provides a tenure of five years for the Lok Sabha and State Legislative Assemblies which can be
•dissolved prematurely but the terms can be extended only if National Emergency has been proclaimed.
•Further, the party has stated that postponement of elections is anti-democratic and unconstitutional. However,
•the party has submitted that it supports holding of simultaneous elections to Panchayats and Municipal
bodies.
9.7. The Communist Party of India (CPI) has stated the following:-
•" x x x This proposal looks ideal. But there are many practical problems. There will be midterm
•polls in States, due to political instability in the States. The terms of such Legislative Assemblies
•cannot be reduced, to have simultaneous elections to Legislative Assemblies and Parliament. It will
•be undemocratic. There is a possibility of midterm poll for Parliament also, due to ruling party losing
•majority, as it happened earlier. To conduct the elections simultaneously all the Legislative Assemblies
•can not be unilaterally abolished for no fault of them. This idea is unscientific and impracticable.
•We are of the considered view that in the present situation we do not consider it feasible to conduct
•elections to both the Houses at one go x x x"
9.8. All India Majlis-e-Ittehadul Muslimeen (AIMIM) in its written submission has stated that:-
•"x x x this backdrop, we feel that there exists little feasibility of holding simultaneous elections to
•the Lok Sabha and all the State Legislative Assemblies in the current complex political scenario in
•the country and in the backdrop of the existing provisions in the Constitution. Even amending certain
