Provision for mid-term poll, concept of unexpired term in 'One Nation, One Election' Bills

New Delhi: The two proposed legislations to enable simultaneous elections to Lok Sabha and Assemblies provide for “mid-term” polls for Parliament or a state in case a government falls but it will only be for the “unexpired” portion of the five-year fixed term.

The Narendra Modi government is likely to introduce The Constitution (129th Amendment) Bill, 2024, which amends Articles 82, 83, 172 and 327 and The Union Territories (Amendment) Bill, 2024 in Parliament early next week. The Bills may be sent to a Joint Committee of Parliament for scrutiny.

According to the Bill to amend the Constitution, the President will bring into force the provisions of the 'One Nation, One Election’ (ONOE) legislations on the first day of the sitting of the Lok Sabha after the next general elections, which is called the “appointed date”.

This would mean that the first simultaneous elections can happen only in 2034, unless the Modi government decides to hold mid-term polls before completing its current five-year term. The Bills were cleared by the Union Cabinet earlier this week.

Subsequently, the Bill says that the term of all Assemblies constituted in an election held after the appointed date will be co-terminus with the five year tenure of the Lok Sabha, at the completion of which simultaneous polls could be held.

The Bill also comes up with the concept of “unexpired” term – the period between the dissolution of the House and five years from the date of the first meeting – in a scenario where the Lok Sabha or an Assembly has to be dissolved midway.

In such a case, an election will be held and a new House could be constituted but its tenure would be the period equal to the unexpired term of the immediately preceding Lok Sabha. This would mean that if a government falls after two years and fresh elections are held, the term of the new House would be for three years only.

Questions were raised by a section of parties about a government falling midway. They had asked whether the government was planning to impose President’s Rule in such a scenario, which they said was against federalism.

If the Election Commission cannot conduct an Assembly election with Lok Sabha polls, the Bill said, it can then make a recommendation to the President, who can issue an order for the poll to be held later. However, the tenure of this Assembly would be co-terminus with the Lok Sabha.

“The election for constituting the House of the People (Lok Sabha) for its unexpired term shall be referred to as a midterm election, the election held after the expiry of the full term shall be referred to as the general election,” the Bill said.

The Union Territories (Amendment) Bill, 2024 too has similar provisions for the UTs of Delhi, Jammu and Kashmir, and Puducherry.

According to the Statement of Objects and Reasons of the The Constitution (129th Amendment) Bill, 2024, there is an imperative need for holding of simultaneous elections for various reasons and given that elections have become expensive and time consuming.

"The imposition of Model Code of Conduct in several parts of the country which are poll bound put on hold the entire development programmes, cause disruption of normal public life, impact the functioning of services and also curtail the involvement of manpower from their core activities for deployment for prolonged periods of election duties,” it added.