One poll issue to heat up parl winter session

The Modi-led NDA government seems to be determined to go ahead with its decision of ‘one nation, one election’ and introduce three bills to amend the Constitution in the ensuing winter session of Parliament.

Now, a question arises if it will be able to push through these amendments in Lok Sabha where it does not have two-thirds majority. Will the opposition allow the smooth passage of this bill? The Congress and the INDI bloc are dead against it and may stall the proceedings. One should note that they, too, have legal luminaries who can put up a strong argument against the ‘one nation one election’.

But then the NDA feels that all the three bills need not have endorsement from 50 per cent of the states. Only the bill related to aligning the local bodies will require an endorsement from the least 50 per cent of the states. Hence, it feels that it should move ahead with its plan of implementing the ‘one nation, one election’ plan. The ruling NDA leadership feels that they can easily push through the constitutional amendment bill which deals with holding Lok Sabha and the Assembly elections together. The government which has accepted the recommendations of the high-powered committee is of the view that it should seek amendment to Article 82A by adding sub-clause (1) relating to the ‘appointed date’. It will also seek to insert sub-clause (2) to Article 82A relating to the end of terms of the Lok Sabha and state legislative assemblies together.

The Centre will also have to amend Article 83(2) and insert new sub-clauses (3) and (4) relating to the duration and dissolution of the Lok Sabha. It will also have to amend Article 327 to enable the dissolution of legislative assemblies and add the term ‘simultaneous elections.’ This bill, experts opine, will not require ratification by at least 50 per cent.

But, the NDA government will have problems regarding the second constitutional amendment bill which deals with matters relating to state affairs as it will have to be ratified by at least 50 per cent of the state assemblies. It will have to amend the constitutional provisions to prepare electoral rolls by the Election Commission and the State Election Commissions, particularly, to hold local bodies.

Here, a problem arises apart from the number game as the EC and SECs are separate bodies. The responsibility of holding elections to local bodies is that of the SECs but when it comes to President, Vice President, Lok Sabha, Rajya Sabha, state assemblies, municipalities, panchayats and legislative councils, it is the EC which is responsible.

The high-powered committee had recommended that there should be a common electoral roll. Idea may be good but it requires a lot of coordination between the Election Commission and the Sate Election Commissions. To what extent it is feasible is something which needs to be examined.

On the issues related to states, there are two views: Hold ‘one nation one election’ in two phases. Some feel an ordinary bill can be introduced for these issues and it may not require ratification by the states. But this may run into political and legal controversy. A lot of legal churning will have to go into it lest it may be struck down by the apex court.

The high-powered committee suggested simultaneous polls for the Lok Sabha and the state assemblies in the first phase and elections to local bodies like panchayats and municipal bodies within 100 days of the general election in the second phase. This issue certainly will heat up the winter session of Parliament.