ONENATION - ONEPOLL(ANALYSIS OF SIMULTANEOUS ELECTIONS)
One Nation One Election
ANALYSIS OF SIMULTANEOUS ELECTIONS
“WHAT”, “WHY” AND “HOW”
More recently, the Hon’ble President of India and the Hon’ble Prime Minister strongly inclined about “With some election or the other throughout the year, normal activities of the government come to a stand-still because of code of conduct. This is an idea the political leadership should think of. If political parties collectively think, we can change it....and to examine this idea and to evolve solutions to its attendant issues.
Relevant Constitutional and Statutory provisions
Election timings for a legislature (Lok Sabha / State Assemblies) is determined by its term various aspects of constitution, dissolution and expiration of such legislatures. Term of House of People and State Legislative Assemblies
Article 83 of the Constitution of India provides for the tenure of both Houses of the Parliament (Lok Sabha and Rajya Sabha).
Article 83(2) provides for a term of five years for Lok Sabha, from the date of its first sitting unless dissolved earlier.
Similar provisions under Article 172 (1) provides for five year tenure for State Legislative Assembly from the date of its first sitting.
Further, the proviso to Article 83 (2) of the Constitution provides that when a proclamation of emergency is in operation, the term of the House may be extended for a period not exceeding one year at a time by Parliament by law and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
Similar provision also exists for State Legislative Assembly under the proviso to Article 172 (1) of the Constitution.
Note: The above provisions effectively mean that the tenure of the House cannot be extended beyond 5 years except in emergency but it can be prematurely dissolved before expiration of its tenure.