20 December 2024 : The Hindu Editorial Analysis

1. Should legislatures in India have fixed tenures?

(Source – The Hindu, International Edition – Page No. – 9)

Topic: GS2 – Indian Polity

Context

The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, proposes aligning the tenures of the Lok Sabha and State Assemblies to a fixed five-year term. It aims to streamline elections and reduce costs while preserving mid-term polls for dissolved legislatures. The Bill raises concerns about federalism and legislative autonomy.

 Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024

Key Provisions of the Bill

• The Bill mandates a fixed five-year term for the Lok Sabha, with elections for State Legislatures aligned to this cycle.
• If the Lok Sabha or any State Assembly is dissolved prematurely, mid-term elections will be held for the remainder of the five-year term rather than resetting the tenure.

Impact on Governance and Electoral Expenditure

• The proposed system is claimed to reduce electoral expenses, but a significant portion of spending comes from political parties, not just government budgets.
• Frequent elections ensure political accountability, compelling representatives to engage with the electorate more regularly.
• The Bill permits mid-term elections but limits the new legislature’s term to the remaining tenure, introducing a new dynamic in governance.

Federalism and Political Plurality

• Aligning the tenure of State Assemblies with the Lok Sabha is perceived as a threat to federalism, as it compromises the independent functioning of State legislatures.
• Critics argue that State Assemblies’ autonomy could be undermined if they are prematurely dissolved to align with parliamentary elections.
• Historical evidence demonstrates that voters can distinguish between Central and State elections, preserving political plurality.

Addressing Political Stability and Horse-Trading

• The system might deter destabilizing practices like horse-trading but is not guaranteed to eliminate such occurrences.
• Instances of defections or political instability, such as those witnessed in certain States, indicate the potential for continued challenges under the proposed framework.
• Concerns remain about the implications of shorter tenures if governments collapse prematurely.

Managing Political Exigencies and Deadlocks

• The Bill allows for mid-term elections in cases of political deadlocks, such as hung Assemblies, ensuring continuity through reduced tenure legislatures.
• While it introduces stability through fixed terms, the flexibility to dissolve legislatures remains essential for addressing political instability effectively.

Lessons from International Examples

• Comparisons with systems like the K.’s Fixed-term Parliaments Act of 2011, which was repealed due to inefficiencies, highlight potential risks of fixed legislative terms.
• Unlike the U.K.’s system, the proposed Bill retains the option for mid-term elections, avoiding full five-year terms for prematurely elected legislatures.

Concerns Over Implementation

• Political instability at the State level could lead to frequent mid-term elections, disrupting governance.
• The current system allows for greater autonomy and flexibility, which proponents argue should be preserved to address the complexities of India’s federal structure.
• Simultaneous elections might create administrative and political turmoil, diverting attention from more pressing challenges affecting the population.

Conclusion

• The proposal seeks to streamline electoral processes and introduce stability but raises significant concerns about its impact on federalism, governance, and political accountability.
• While it may reduce disruptions caused by frequent elections, it risks undermining the existing framework that ensures the autonomy and flexibility of India’s legislative bodies.

PYQ: ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of Sme and money spent in electioneering but it will reduce the government’s accountability to the people.’Discuss. (150 words/10m) (UPSC CSE (M) GS-2 2017)

Practice Question:  The proposal for simultaneous elections under the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, seeks to address electoral disruptions but raises concerns about federalism and political accountability. Critically analyze the implications of fixed legislative tenures on governance and federal structure in India. (250 Words /15 marks)