India’s ONOE bill has provision for situation where assembly poll cannot be held with Parliament election

Published on Authored by Press Trust of India

The One Nation, One Election (ONOE) bill — which seeks to put in place a mechanism to hold simultaneous elections in India — has a provision for situations when election to an assembly cannot be held with those of Parliament.

People queued up since morning to vote for the first time in 10 years across 3,276 polling stations in 24 constituencies in seven districts in this phase.
People queue up to vote in Jammu and Kashmir. Photo courtesy: X.com/@SabreenaMalik7

The constitution amendment bill, which is expected to be brought in the Lok Sabha on Tuesday, December 17, said the President can issue an order that polls of an assembly which cannot go to elections with the Lok Sabha can go for the democratic exercise later.

According to section 2, sub clause 5, of the Constitution (129th) Amendment Bill, “If the Election Commission is of the opinion that the elections to any Legislative Assembly cannot be conducted along with the general election to the House of the People, it may make a recommendation to the President, to declare by an order, that the election to that Legislative Assembly may be conducted at a later date.”

The bill seeks to insert a new article in the Constitution and amend three articles to put in place the mechanism to hold simultaneous polls to the Lok Sabha and state assemblies.

The bill proposes to insert a new article 82A — simultaneous elections to the House of the People (Lok Sabha) and all legislative assemblies and to amend Article 83 (Duration of Houses of Parliament), Article 172 (Duration of State Legislatures) and Article 327 (power of Parliament to make provision with respect to elections to Legislatures).

It also provides that after its enactment, a notification is to be issued by the President on the date of the first sitting of the Lok Sabha after a general election, and that date of the notification will be called the appointed date.

The tenure of the Lok Sabha will be five years from that appointed date.

The tenure of all state assemblies, constituted by elections to the Legislative Assemblies after the appointed date and before the expiry of the full term of the House of the People, shall come to an end on the expiry of the full term of the Lok Sabha.

“Thereafter, all general elections to the House of the People and all Legislative Assemblies shall be held together simultaneously.