‘One nation, one poll’ will require 18 amendments to Constitution

Noting that “the government must develop a legally tenable mechanism in order to restore the cycle of simultaneous elections,” the report of the high-level committee headed by former President Ram Nath Kovind — approved by the Cabinet on Wednesday — has recommended 18 amendments to various provisions of the Constitution and different laws.

The panel recommended certain “necessary amendments” to the Constitution and other relevant laws to make it possible to hold three-tier simultaneous polls across India. It suggested adding a new provision — Article 82A — to the Constitution which would override Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures) in order to synchronise elections. What’s important is that “For this Amendment, ratification by the States is not required,” the report stated. It has also suggested adding Article 324A to the Constitution for enabling simultaneous elections in panchayats and municipalities with the general elections of the House of the People and the State Legislative Assemblies.

Recognising the significance of a Single Electoral Roll and Single Elector’s Photo Identity Card (EPIC) for elections to all three tiers of government to safeguard the rights of voters, and avoid duplication of work by the Election Commission of India and State Election Commissions, the panel said, “There is a need to harmonise the actions of the two Constitutional bodies.”

It, therefore, recommended that “Article 325 of the Constitution of India be suitably amended, to enable the preparation of a Single Electoral Roll and Single Elector’s Photo Identity Card by the EC, in consultation with State Election Commissions.”

It would also require amendments to Section 5 of ‘The Government of National Capital Territory of Delhi Act, 1991’ and Section 17 of ‘Jammu and Kashmir Reorganisation Act, 2019’ and Section 5 of ‘The Government of Union Territories Act, 1963’ with regard to duration of union territories.

“The amendments should provide for designating an ‘appointed date’ (being the day of the first meeting of the newly constituted House of the People) after which the conduct of elections to the State Legislative Assemblies will take place,” it recommended. “The tenure of all such Houses will expire with the tenure of the House of the People. For the constitution of the new Houses, the EC will conduct simultaneous elections for the House of the People and the State Legislative Assemblies together,” the panel said.