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 fixed five-year terms for the Lok Sabha and State Assemblies to align elections.
- It aims to reduce costs and streamline polls while allowing mid-term elections for dissolved legislatures. Concerns include potential impacts on federalism and legislative autonomy.
The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 proposes significant changes to the electoral framework in India, particularly concerning the tenure of the Lok Sabha and State Legislatures. Here’s a concise breakdown of its key provisions, implications, and concerns:
Key Provisions of the Bill
- Fixed Five-Year Term: The Bill establishes a fixed five-year term for the Lok Sabha, with State Legislature elections synchronized to this cycle.
- Mid-Term Elections: In the event of premature dissolution of the Lok Sabha or State Assemblies, mid-term elections will be held, with the new legislature serving only for the remainder of the five-year term.
Impact on Governance and Electoral Expenditure
- Reduced Electoral Costs: The Bill aims to lower electoral expenses, although much spending originates from political parties rather than government budgets.
- Political Accountability: Regular elections enhance accountability, encouraging representatives to remain engaged with their constituents.
- New Governance Dynamics: The limitation on the term of newly elected legislatures introduces a different governance dynamic, potentially affecting stability.
Federalism and Political Plurality
- Threat to Federalism: Aligning State Assemblies’ terms with the Lok Sabha could undermine their autonomy, raising concerns about federalism.
- Voter Distinction: Historical trends suggest voters can differentiate between Central and State elections, which supports political plurality.
Addressing Political Stability and Horse-Trading
- Potential for Instability: While the Bill aims to deter practices like horse-trading, it does not eliminate the risk of political instability and defections.
- Concerns Over Shorter Tenures: If governments collapse prematurely, the impact of shorter tenures could lead to governance challenges.
Managing Political Exigencies and Deadlocks
- Mid-Term Elections for Deadlocks: The Bill allows mid-term elections in cases of political deadlocks, facilitating continuity.
- Need for Flexibility: Despite fixed terms, the ability to dissolve legislatures remains crucial for managing political instability.
Lessons from International Examples
- Comparative Analysis: The Bill draws lessons from international systems like the U.K.’s Fixed-term Parliaments Act, which faced challenges and was repealed.
- Retention of Mid-Term Elections: Unlike the U.K. system, this Bill allows for mid-term elections, preventing full five-year terms for prematurely elected bodies.
Concerns Over Implementation
- Frequent Mid-Term Elections: Political instability could lead to frequent mid-term elections, disrupting governance.
- Administrative Challenges: Simultaneous elections might create administrative chaos, diverting focus from pressing national issues.
Conclusion
- The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 aims to streamline electoral processes and enhance stability. However, it raises significant concerns regarding federalism, governance, and political accountability.
- While it may reduce the frequency of elections, it risks undermining the autonomy and flexibility essential for India’s legislative bodies.
- This comprehensive overview highlights the complexities and potential ramifications of the proposed amendment, reflecting the need for careful consideration of its broader impact on India’s political landscape.