Lok Sabha Question No. 1126 (UNSTARRED), answered on 2023-12-08
Subject: One Nation One Election
Ministry: LAW AND JUSTICE
Asked by: Anto  Antony, Su Thirunavukkarasar, Adoor Prakash

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

## LOK SABHA UNSTARRED QUESTION NO. 1126

## TO BE ANSWERED ON FRIDAY, 8TH DECEMBER 2023

## ONE NATION ONE ELECTION

## 1126. SHRI ANTO ANTONY:

SHRI THIRUNAVUKKARASAR SU:

ADV. ADOOR PRAKASH:

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

- (a) whether the Government has   appointed a high-level committee to examinelexplore the implementation of 'One Nation One Election' enabling simultaneous election to Parliament;, State Assemblies and Iocal bodies;
- (b) if sO, the details thereof with the composition of the Committee and its proposed functions; along
- (c) whether any deadline has been set to submit the report by the high-level committee and if SO, the details thereof;
- (d) the major advantages and disadvantages of conducting one nation one election;
- (e) whether the Committee propose to approach all stakeholders including political parties and State Governments in this regard and if the details thereof; and SO,
- (f) whether the Government has fixed any time limit for the submission of report by the Committee and if the details thereof? SO,

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE (SHRI ARJUN RAM MEGHWAL)

- (a) to (f) The Government has constituted a High Level Committee under  the chairmanship of Shri Ram Nath Kovind, former President of India vide Resolution No. H11019/03/2023-Leg-Il, dated 02nd September, 2023. The composition of the Committee, its terms and reference, and all related information are at Annexure-A One member of the Committee Shri Adhir Ranjan Chowdhury has tendered resignation.

#*

## MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## RESOLUTION

New Delhi; the Znd September, 2023

F No: H-11019/03/2023-Leg II-\_WHEREAS elections to the House of the People ad Legislative Assemblies of States were mostly held simultaneously from 1951-52 to 1967 after which this got broken and elections are held almost every year and within at different times, which result in massive expenditure by the Government and other stakeholders, prolonged periods, disruption in developmental work on account of prolonged application of Model Code of Conduct, etc;; cycle now,

AND WHEREAS the Law Commission of India in its 170th Report on Reforms of the Electoral Laws observed that: This of elections every year; and in the out 0f season, should be an end to. We must go back to the situation where the elections to Lok Sabha and all the Legislative Assemblies are held at once. It is true that we cannot conceive or provide for all the situations and eventualities that may arise whether on account of the use of Article 356 (which of course has come down substantially after the decision of Supreme Court in SR Bommai vs Union of India) or for other reasons, yet the holding of a separate election to a Legislative Assembly should be an exception and not the rule: The rule ought to be 'one election once in five years for Lok Sabha and all the Legislative Assemblies cycle put

AND WHEREAS the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 79th Report on 'Feasibility of Holding Simultaneous Election to the House of People (Lok Sabha) and State Legislative Assemblies' submitted in December; 2015 has also examined the matter and recommended an alternative and practical method of holding simultaneous elections in two phases;

NOW, THEREFORE, in view of the above and that in the national interest it is desirable to have simultaneous e lections in the country, the Government of India hereby constitutes a High Level Committee [hereinafter referred to as 'HLC ] to examine the issue of simultaneous elections and make recommendations for holding simultaneous elections in the country:

1.The HLC shall comprise of the following persons, namely:

|    | Shri Ram Nath Kovind, Former President of India                                           | Chairman   |
|----|-------------------------------------------------------------------------------------------|------------|
| 2_ | Shri Amit Shah; Minister of Home Affairs and Minister of Cooperation; Government of India | Member     |
| 3  | Shri Adhir Ranjan Chowdhury, Leader of Single Largest in Opposition, Lok Sabha            | Member     |
| 4_ | Shri Ghulam Nabi Azad, Former Leader of Opposition; Rajya Sabha                           | Member     |
| 5_ | Shri N.K Singh; Former Chairman; 15th Finance Commission                                  | Member     |
| 6_ | Dr. Subhash C Kashyap, Former Secretary General, Lok Sabha                                | Member     |
|    | Shri Harish Salve, Senior Advocate                                                        | Member     |
| 8  | Shri Sanjay Kothari; Former Chief Vigilance Commissioner                                  | Member.    |

3. Shri Niten Chandra, Secretary to the Government of India, Department of Legal Affairs shall be Secretary to the HLC.
2. The terms and reference of the HLC shall be to
3. (a) examine and make recommendation for holding simultaneous elections to the House of the People (Lok Sabha), State Legislative Assemblies,   Municipalities   and   Panchayats,  keeping in view the   existing framework under the Constitution of  India  and other   statutory  provisions,  and for that  purpose, examine and  recommend amendments to the Constitution, the Representation of the People 1950, the Representation of the People Act; 1951 and the rules made thereunder and any other law or rules which would require amendments for the purpose of holding simultaneous elections; specific Act;

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- (6) examine and recommend, if the amendments to the Constitution would require ratification by the States;
2. (c analyse and recommend possible solution in a scenario of simultaneous   elections  emerging out of House, adoption of no-confidence motion; or defection or any such other event; hung
3. suggest a framework for synchronisation of elections and specifically, suggest the phases and time frame within which simultaneous  elections  may be held if cannot be held in oe go and also suggest any amendments to the Constitution and other laws in this regard and propose such rules that may be required in such circumstances; they
4. (e) recommend necessary safeguards for ensuring the continuity of the cycle of simultaneous elections and recommend necessary amendments to the Constitution, so that the cycle of simultaneous elections is not disturbed;
5. examine  the logistics  and  manpower  required,  including EVMs, VVPATs, etc,, for holding such simultaneous elections;
6. examine and recommend the modalities of use of a single electoral roll and electoral identity cards for identification of voters in  elections  to the of the  People (Lok Sabha), State   Legislative   Assemblies, Municipalities and Panchayats. House
5. The HLC shall commence functioning immediately and make recommendations at the earliest.
6. The headquarters of the HLC shall be at New Delhi.
7. The HLC may decide its own procedure for conducting its meetings and other relevant functions.
10. 8 The HLC may hear and entertain all persons, representations and communications which in the opinion of the HLC shall facilitate its work and enable it to finalise its recommendations
9. The Chairman and members of the HLC shall be paid allowances as follows
12. (a) Chairman of the HLC shall be entitled for such allowances as provided in the President'$ Emoluments and Pension Act; 1951;
13. (b) of section 2 of the Parliament (Prevention of Disqualification) 1959; Act;
14. All other Members of the HLC shall be entitled to Travelling Allowance at the rates ad as per rules applicable to the government servants of the highest grade.
15. The Legislative Department, Ministry of Law and Justice shall provide Office space, secretarial assistance and other logistics support to the HLC. 10.
16. 1L. The expenditure of the HLC shall be met through a separate budgetary allocation by the Goverment under the relevant budget heads of the Ministry of Law and Justice (Legislative Department)

Dr. REETA VASISHTA, Secy: