Lok Sabha Question No. 1837 (UNSTARRED), answered on 2022-02-11
Subject: 170th Report of Law Commission
Ministry: LAW AND JUSTICE
Asked by: Kishan Kapoor, Bhagirath Chaudhary

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## L O K    S A B H A UNSTARRED QUESTION NO. 1837

## TO BE ANSWERED ON FRIDAY, 11 th  FEBRUARY, 2022

## 170 TH  REPORT OF LAW COMMISSION

## 1837. SHRI KISHAN KAPOOR: SHRI BHAGIRATH CHOUDHARY:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a)  whether  the  170th  report  of  the  Law  Commission  has  pointed  that  continuous elections  every  year  in  one  or  other  States  along  with  the  General  Elections  and Assembly elections not only affect the administration and policy decision but also put a huge burden on the exchequer of the country;

(b) if so, the total number of assembly elections conducted along with the 16th Lok Sabha Election and the expenditure incurred thereon;

(c) the number of the States where elections have been conducted during 2014-2019, the total funds spent thereon and the total number of days during which the elections were completed, year-wise and State-wise;

(d) whether the Law Commission has also supported the process of conducting Lok Sabha  and  Assembly  Election  simultaneously  in  its  170th  report,  if  so,  the  details thereof;

(e)  whether  the  Government  has  taken  any  steps  to  implement  the  report  related  to political and electoral reforms and if so, the details thereof; and

(f) whether the conducting of the elections of Lok Sabha and Assemblies simultaneously is under active consideration of the Government and if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a): The Law Commission has discussed the stability in governance and measures for improving the electoral system in its 170 th Report and inter-alia stated that governance and economy are the casualties of holding elections almost every year.

(b) and (c): A statement showing year-wise the General Election held from 2014 to 2019 and  the number of days during which the elections were completed is attached at Annexure 'A'.  As per policy of the Government, the expenditure incurred on the

Lok Sabha Election is entirely borne by the Central Government when such elections are held independently.  However, the expenditure on State/Union territory Legislative Assemblies  is  shared  on  a  half  and  half  basis  only  when  these  elections  are  held simultaneously with the Lok Sabha election. For conduct of General election to Lok Sabha, the State/Union territory (with legislature) Governments  propose their demands to the Central Government as provisional estimates. The Central Government releases the funds to the State/Union territory  Governments keeping in view the demands received from them and availability of funds.  This exercise is of a routine  nature  and  funds  are  released  on  a  year-to-year  basis.    The  State/Union territory Governments incur the expenditure for conduct of General elections to Lok Sabha from their Consolidated Fund and thereafter make a claim for reimbursement of the  incurred  amount  to  the  Central  Government.    The  election  accounts  are  settled only after receipt of the Audit Certificates from the Office of the Accountant General of the respective State/Union territory Governments.  However, the provisional release against  the  settlement  of  Election  accounts  during  the  16 th Lok  Sabha  Election  i.e. 2014-15 and 2015-16 is as given below:-

|           | Figures (in crore)   |
|-----------|----------------------|
| YEAR      | Provisional release  |
| 2014-2015 | 506.23               |
| 2015-2016 | 307.30               |
| 2016-2017 | 1941.14              |

Further, the expenditure incurred with regard to the State/Union territory Legislative Assembly  elections  held  along  with  the  16 th Lok  Sabha  Elections,  the  following amount has been incurred as per Audit Certificate (for the year 2014-2015) is as given below:

|                   | Figures (in Rs.)   |
|-------------------|--------------------|
| STATE             | Amount             |
| Andhra Pradesh    | 355,32,22,824      |
| Arunachal Pradesh | 53,45,89,945       |
| Orissa            | 66,92,44,633       |
| Sikkim            | 3,26,11,170        |

(d) to  (f): Yes  Sir,  the  Law  Commission in its 170 th Report, submitted in the  year 1999, on reforms of the Electoral Laws inter-alia stated  that  goal  of  one  election  in every five years has to be achieved in stages by curtailing or extending the term of Legislative Assemblies of States/Union territories.  Further, the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice had examined the issue of simultaneous elections to Lok Sabha and State Legislative Assemblies in consultation with various stake-holders including the Election Commission  of  India.    The  Committee  has  given  certain  recommendations  in  this regard in its 79 th report.  The matter now stands referred to the Law Commission for further examination to work out practicable road map for framework for simultaneous elections to Lok Sabha and State Assemblies.

*******

## Statement showing year-wise the General Election held since, 2014 to 2019.

| General Elections to the Lok Sabha and State Legislative Assemblies, 2014.   | General Elections to the Lok Sabha and State Legislative Assemblies, 2014.   | General Elections to the Lok Sabha and State Legislative Assemblies, 2014.   |
|------------------------------------------------------------------------------|------------------------------------------------------------------------------|------------------------------------------------------------------------------|
| Sl. No.                                                                      | Name of State/UT                                                             | Number of days to complete elections                                         |
| 1.                                                                           | Andhra Pradesh (along with Lok Sabha)                                        | 85                                                                           |
| 2.                                                                           | Arunachal Pradesh (along with Lok Sabha)                                     | 85                                                                           |
| 3.                                                                           | Odisha (along with Lok Sabha)                                                | 85                                                                           |
| 4.                                                                           | Sikkim (along with Lok Sabha)                                                | 85                                                                           |
| 5.                                                                           | Jharkhand                                                                    | 66                                                                           |
| 6.                                                                           | Jammu &Kashmir                                                               | 66                                                                           |
| 7.                                                                           | Haryana                                                                      | 41                                                                           |
| 8.                                                                           | Maharashtra                                                                  | 41                                                                           |
| Year 2015                                                                    | Year 2015                                                                    | Year 2015                                                                    |
| 9.                                                                           | Bihar                                                                        | 65                                                                           |
| 10.                                                                          | New Delhi                                                                    | 32                                                                           |
| Year 2016                                                                    | Year 2016                                                                    | Year 2016                                                                    |
| 11.                                                                          | Assam                                                                        | 79                                                                           |
| 12.                                                                          | Kerala                                                                       | 79                                                                           |
| 13.                                                                          | Puducherry                                                                   | 79                                                                           |
| 14.                                                                          | Tamil Nadu                                                                   | 79                                                                           |
| 15.                                                                          | West Bengal                                                                  | 79                                                                           |
| Year 2017                                                                    | Year 2017                                                                    | Year 2017                                                                    |
| 16.                                                                          | Gujarat                                                                      | 57                                                                           |
| 17.                                                                          | Himachal Pradesh                                                             | 70                                                                           |
| 18.                                                                          | Goa                                                                          | 71                                                                           |

| 19.                                                                        | Manipur                                                                    | 71                                                                         |
|----------------------------------------------------------------------------|----------------------------------------------------------------------------|----------------------------------------------------------------------------|
| 20.                                                                        | Punjab                                                                     | 71                                                                         |
| 21.                                                                        | Uttar Pradesh                                                              | 71                                                                         |
| 22.                                                                        | Uttarakhand                                                                | 71                                                                         |
| Year 2018                                                                  | Year 2018                                                                  | Year 2018                                                                  |
| 23.                                                                        | Chhattisgarh                                                               | 69                                                                         |
| 24.                                                                        | Madhya Pradesh                                                             | 69                                                                         |
| 25.                                                                        | Rajasthan                                                                  | 69                                                                         |
| 26.                                                                        | Mizoram                                                                    | 69                                                                         |
| 27.                                                                        | Telengana                                                                  | 47                                                                         |
| 28.                                                                        | Tripura                                                                    | 47                                                                         |
| 29.                                                                        | Meghalaya                                                                  | 47                                                                         |
| 30.                                                                        | Nagaland                                                                   | 47                                                                         |
| General Elections to the Lok Sabha and State Legislative Assemblies, 2019. | General Elections to the Lok Sabha and State Legislative Assemblies, 2019. | General Elections to the Lok Sabha and State Legislative Assemblies, 2019. |
| 31.                                                                        | Andhra Pradesh (along with Lok Sabha)                                      | 79                                                                         |
| 32.                                                                        | Arunachal Pradesh (along with Lok Sabha)                                   | 79                                                                         |
| 33.                                                                        | Odisha (along with Lok Sabha)                                              | 79                                                                         |
| 34.                                                                        | Sikkim (along with Lok Sabha)                                              | 79                                                                         |
| 35.                                                                        | Jharkhand                                                                  | 56                                                                         |
| 36.                                                                        | Haryana                                                                    | 37                                                                         |
| 37.                                                                        | Maharashtra                                                                | 37                                                                         |