Electoral Reforms In India

How House terms and poll schedules are decided

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Terms of state Assemblies and Lok Sabha

Mains level: Role of ECI in fixing the election schedule

Why in the news? 

  • The date of counting for Assembly elections in Arunachal and Sikkim has been advanced by two days to make sure that the terms of their existing Houses don’t end before the election process is complete.

Context-

  • The Election Commission of India (ECI) holds a crucial responsibility in coordinating and supervising electoral procedures nationwide.
  • This encompasses setting timetables for elections to legislative bodies like state assemblies and the Lok Sabha (House of the People).

What was the original schedule for the election and counting in these two states? (2024)

  • Schedule Announcement: The schedule for Assembly elections in Arunachal Pradesh and Sikkim, as well as the Lok Sabha elections, was announced on March 16. The Assembly elections in Arunachal Pradesh and Sikkim were set to be notified on March 20.
  • Nomination Period: Candidates could file their nominations for the elections until March 27.
  • Withdrawal Period: The deadline for withdrawing nominations was set for March 30.
  • Date of Polling: Both Assembly and Lok Sabha elections were scheduled to take place on April 19, marking the first phase of polling.
  • Seven-Phase Lok Sabha Elections: The Lok Sabha elections were planned to be held in seven phases on the following dates: April 19, April 26, May 7, May 13, May 20, May 26, and June 1.
  • One-Day Elections: Twenty-two states and Union Territories, including Arunachal Pradesh and Sikkim, were scheduled to conduct one-day elections.
  • Counting Date: Counting for all seats in the Lok Sabha and the four Assemblies would occur on June 4, according to the Chief Election Commissioner (CEC) Rajiv Kumar.

So what has changed now?

  • Change in Counting Date: The Election Commission of India (ECI) announced a change in the counting date for Assembly seats in Arunachal Pradesh and Sikkim from June 4 to June 2.
  • Reason for Change: ECI officials stated that the decision to change the counting date was made after realizing that the terms of the Assemblies in Arunachal Pradesh and Sikkim were ending on June 2.
  • Completion of Election Process: The decision to bring forward the counting date was based on the constitutional mandate that the election process must be completed before the term of an Assembly ends.
  • Ensuring Constitutional Compliance: By adjusting the counting date to align with the end of the Assembly terms, the ECI ensures that the electoral process remains per constitutional requirements.

What exactly does the Constitution say about the terms of state Assemblies and Lok Sabha?

  • Lok Sabha Term: Article 83(2) outlines that the Lok Sabha unless sooner dissolved, continues for five years from the date appointed for its first meeting. Similar to state Assemblies, the expiration of the five years leads to the dissolution of the House.
  • State Assembly Term: Article 172(1) of the Constitution specifies that every Legislative Assembly of every State shall continue for five years from the date appointed for its first meeting unless sooner dissolved. The expiration of the five years results in the dissolution of the Assembly.
  • Extension of Assembly Term: During a Proclamation of Emergency, Parliament has the authority to extend the term of the Assembly by up to one year at a time, not exceeding six months after the Proclamation ceases to operate.

How does this apply to the Assemblies of Arunachal Pradesh and Sikkim?

  • Constitutional Mandate: The Constitution mandates that the term of Legislative Assemblies lasts for five years from the date of their first meeting unless dissolved earlier.
  • Completion of Electoral Process: With the term of the Assemblies ending on June 2, 2024, the electoral process, including voting and counting, must be completed before this date to ensure a smooth transition to the new Assemblies.

What are the things that the ECI looks at while fixing the election schedule?

  • Factors Considered by ECI: The Election Commission of India (ECI) considers various factors while fixing the election schedule, including weather conditions, festivals, important examinations, availability of school buildings for polling stations, and mobilization of teachers for election duty.
  • Logistical Considerations: The ECI takes into account the country’s historical and geographic situation, as well as logistical requirements such as moving security forces to ensure free and fair elections.
  • Term of the Legislature: The date of expiration of the term of the legislature is the primary consideration for fixing the election schedule. This date is known five years in advance, calculated from the date of the first sitting of the existing House.
  • Completion of Election Process: The ECI aims to complete the election process at least one day before the end of the term of the House. Results are declared a few days prior, allowing time for documentation and other formalities.

Has something similar occurred earlier too? 

  • Change in Counting Date in Andhra Pradesh (2004): In 2004, the Election Commission of India (ECI) scheduled the counting of votes for the Assembly election in Andhra Pradesh on May 11, two days earlier than the scheduled counting for Lok Sabha and other states. This adjustment was made because the tenure of the Assembly in Andhra Pradesh was set to end on May 13.
  • Changes for Festivals or Locally Relevant Events: The ECI has made changes to the announced election schedule to accommodate festivals or locally relevant events. For example, in Mizoram in the previous year, the date of counting for the Assembly election was changed from December 3 to December 4 to avoid a clash with Sunday, which holds special significance for the Christian-majority population.
  • Delinking Counting in Specific States: The ECI has previously drawn up schedules that delink the counting in a particular state from the counting in the rest of the country or from the counting of other elections held simultaneously. This strategy allows for the smooth conduct of elections while respecting the constitutional timeline for the end of the term of the House.

Conclusion:

The Election Commission adjusts the counting date for Arunachal Pradesh and Sikkim Assemblies to align with the constitutional mandate. Factors like legislative terms, logistical considerations, and past precedents guide the ECI in fixing election schedules.

Mains PYQ-

Q- Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

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