Bar Council head backs simultaneous polls, suggests amendments, political funding reform, ECI strengthening

Giving his suggestions for the legal and administrative changes required to implement simultaneous elections, Mishra wrote: “The foremost imperative involves a constitutional amendment to synchronize the tenures of state assemblies with that of the Lok Sabha. This entails the modification of Article 83, 85, Article 172, 174, and 356 of the Indian Constitution, thereby adjusting the terms of state legislatures to align with the Lok Sabha’s tenure.”

He added that the Election Commission of India (ECI) would need to be empowered with additional resources and authority. He suggested this may need a restructuring of the ECI to cope with the enhanced workload. As of now, the ECI handles elections to the Lok Sabha and state assemblies, while State Election Commissions are responsible for elections to local bodies.

Mishra said amendments to the Representation of the People Act, 1951 and other electoral laws were required. “This encompasses provisions delineating coordinated polling schedules, uniform campaign periods, and expenditure limits for both parliamentary and state elections,” he said.

Political funding reforms would be required as well, he said. “Ensuring equitable electoral practices and mitigating the influence of monetary prowess mandates substantial reforms in political funding and campaign finance laws. Transparent procedures governing political funding and expenditure are critical to preserving the integrity of the electoral process,” he wrote.

He said simultaneous elections would reduce election-related expenditure, minimise the diversion of administrative personnel, security forces and resources for election duty and allow political parties to focus on “comprehensive, long-term policy planning and implementation”.

Writing about the challenges of simultaneous elections, Mishra pointed out the potential for over-emphasis on national issues. As a solution, he proposed the introduction of regulations or guidelines to mandate discussions on regional issues during election campaigns and spreading awareness among voters about the importance of both regional and national issues. He said simultaneous elections may lead to a “wave” effect, where national outcomes influence state elections. To address this, he suggested that regional parties be encouraged to form alliances based on “shared regional interests”.

“Implement a phased approach, starting with pilot projects in a few states to test feasibility. Implement staggered terms for states, allowing elections to be synchronized gradually. Allow flexibility for states to adapt to their unique political circumstances…Designate a portion of the campaign period specifically for addressing state-specific issues,” he suggested.

The committee set up in September 2023 by the Union Law Ministry was tasked with suggesting a way to hold simultaneous elections to the Lok Sabha, state assemblies and local bodies. So far, it has held three meetings, with the fourth scheduled for Saturday.