1. Concept of Simultaneous Elections
Views of Election Commission

2. ECI has given its views on the issues that may come up if simultaneous elections to Lok Sabha and Leg Assemblies are to be considered.
In March, 2015, a note was sent for the Parliamentary Committee.
In May, 2016, views were communicated to the Law Ministry when they sought comments on the 79th Report of Department Related Parliamentary Committee.
In May, 2018 and July, 2018, inputs given to the Law Commission on some of the points raised by them.

3. Tenure of Houses-Constitutional Provisions
Lok Sabha and Legislative Assemblies have term of 5 years from the date appointed for the first meeting of the House, and no longer Art. 83(2) & 174(2)(b).
Expiry of the period of 5 years shall operate as dissolution of the House.
Extension of the term of the House beyond 5 years is possible only when proclamation of emergency is in operation proviso to clause (2) of Article 83 and 172(1).

4. Need to synchronise terms
For simultaneous elections to be possible in the first place, terms of Lok Sabha and Leg Assemblies of all States have to end simultaneously.
Currently, terms of Leg Assemblies of five States are expiring around the time of expiry of Lok Sabha’s term.
Thus, terms of other Leg Assemblies will need to be made co- terminus with the term of Lok Sabha. This will necessitate amendments in the relevant Constitutional provisions so as to extend or curtail terms of Leg Assemblies of the remaining States.

5. Pre-mature dissolution of House
Even if terms of all Houses are synchronised, the terms can get disturbed in view of the following constitutional provisions-
Art. 85(2) (b) empowers the President to dissolve Lok Sabha prematurely.
Similarly, there under Art. 174(2) (b), Governor may dissolve the State Legislative Assembly. Further, Legislative Assembly may also be dissolved by President under Art. 356.
Such pre-mature dissolution can disturb the cycle of simultaneous terms.

6. Period for notifying elections.
Sub-section (1) of Section 14 of R.P. Act 1951 deals with notifying of general election to Lok Sabha. Sub-section (1) mandates that general election shall be held for the purpose of constituting a new House on the expiry of the duration of the existing House or on its dissolution.
Sub-section (2) of Sec 14 provides for issuing of notification for the said purpose (i.e. for constituting new House).
Proviso under Sub-section (2) of Sec. 14 provides that in the case of election on the expiry of the normal term of Lok Sabha, notification calling election cannot be issued earlier than 6 months before the date on which the term is to expire. Identical provisions for LA also.

7. Period for notifying elections
In 1984, a writ petition was filed before the Allahabad High Court (Anand Mohan Vs. Union of India) challenging the notification calling election to Lok Sabha issued on to constitute new House (term of the then Lok Sabha was due to expire on ).
The ground taken by the petitioner was that election could be held only after the term of the existing Lok Sabha expired.

8. Period for holding election
The Allahabad High Court rejected the contention and dismissed the petition. The High Court held `…..the spirt of democracy which pervades the Indian Constitution will gather greater strength if a convention is developed that the elections to the House of the People are held for constituting a new House before the expiry of its duration so that the new House may commence its functions without any loss of time.’
Thus, the scheme of the law is that election has to be held in time to constitute the new House by the date of expiry of term of existing House, but the process has to be during the window of last 6 months.

9. Election on dissolution of Leg Assembly
There is no provision in the law fixing time limit for holding election on pre-mature dissolution of a Legislative Assembly.
Hon’ble Supreme Court has held that on pre-mature dissolution, it is the duty of ECI to hold elections at the earliest. By way of time limit, the Supreme Court held that elections should be held within 6 months from the date of dissolution of the Assembly.
(Judgment dated in Special Reference No1 of 2002)
Thus, the scheme of the law is that in the case of normal expiry of term, election has to be held during the last six months, and on pre- mature dissolution, election to be held within the next 6 months.

10. Pre-mature dissolution- Some suggestions
In order to avoid premature dissolution of House, provisions may be made in the law that any ‘no-confidence motion’ against government should necessarily include a ‘ confidence motion’ in favour of a government to be headed by a named individual as the future Prime Minister/Chief Minister and voting should place for the two motions together.
This will ensure that even if a government is voted out, another alternative government is voted in, and the House is not dissolved.

11. Alternative proposal
If synchronising the terms of all Legislative Assemblies with that of Lok Sabha for having simultaneous elections is considered to be to be a difficult proposition, an alternative could be to have all elections falling due in one year to be held together in a particular period of the year.
This will ensure that in one particular year, there is only one round of elections in normal course.

12. Model Code and governance issues
One of the points raised in support of the need to reduce repeated elections is that enforcement of MCC has a paralysing effect on governance.
MCC only prohibits new schemes, new projects , announcement of financial grants, ad-hoc appointments, during the period of MCC (which is from date of announcement of election till completion of election). Ongoing projects that have started on ground can proceed.

13. Model Code
If any new work has to taken up immediately for tackling specific problems and in emergencies where relief is required to be provided, ECI does not refuse approval for undertaking relief measures.
Reference made by the Govt. in such situations are cleared by the Commission immediately.
Spirit of MCC is that ruling party should not take undue advantage of being in power, and level playing field is ensured for all stakeholders.

14. Logistic issues in simultaneous elections
Polling personnel & security forces
Simultaneous elections will entail requirement of more polling personnel. Consequently, transport facilities for the personnel as well as of additional EVMs and other polling materials will be needed.
The requirement of Central Armed Police Force(CAPF) may also increase marginally at least given that increase in number of candidates in the fray and campaign activities will call for more security.

15. EVM-VVPAT Requirement for Simultaneous Elections-2019
Estimated Polling Stations: 10,60,000
Deployment Norms for EVM/VVPAT:
Ballot Unit: 171%
Control Unit: 125%
VVPAT: 135%
During Simultaneous Elections, 2 sets of EVMs needed at each Polling Booth.
Details of Units
Ballot Units
Control Units
VVPATs
Total Availability by Nov-2018
23,35,182
17,12,366
17,65,830
Reqt for Simultaneous Elections-2019
36,25,000
(10.60 lac x 1.71 x 2)
26,50,000
(10.60 lac x1.25 x 2)
28,62,000
(10.60 lac x1.35 x 2)
Shortfall
12,89,818
9,37,634
10,96,170

16. Additional Financial Requirement for Simultaneous Elections-2019
Present Cost of EVM/VVPAT:
Ballot Unit: Rs.7,700 per Unit
Control Unit: Rs.9,300 per Unit
VVPAT: Rs.16,200 per Unit
Total Additional expenditure:
Unit
No. Of Units Reqd
Basic Cost per unit (INR)
Total Basic Cost (in Crores)
Expected GST Crores
Total Cost (in Crores) BU
12,90,000
7,700/-
993.30
178.80
1,172.10 CU
9,40,000
9,300/-
874.20
157.36
1,031.56
VVPAT
10,96,000
16,200/-
1,775.52
319.60
2,095.12
Total
655.76

17. Present Orders likely to be completed by November- 2018.
Time required for additional production of evm/vvpat for Simultaneous Elections-2019
Present Orders likely to be completed by November
Time Frame for Additional Production by PSUs:
Unit
No. of Units Reqd
Average Production Output per month (as per past performance)
Time reqd for production
(in Months)
Likely Time Frame of Co (Starting Dec-2018)* BU
12,90,000
1,50,000
8.6
August 2019 CU
9,40,000
1,00,000
9.4
September 2019
VVPAT
10,96,000
10.1
October 2019
*Assuming Orders are placed Today as 3-4 months Lead Time reqd for component procurement.

18. FLC: Additional Logistics required for Simultaneous Elections-2019
Present FLC likely to be completed by December
The FLC can commence only after start of delivery.
Time Frame for FLC of Additional Units:
Unit
No. of Units Reqd
Man days reqd to complete FLC per team of 5 pax*
No of teams reqd to complete in 90 days
No of teams reqd to complete in 60 days
EVM Units =(BU+CU)/2
11,15,000
=(12,90,000+
9,40,000)/2
14,866
165
=825 (165x5) engineers
247
=1,235 engineers
VVPAT
10,96,000
14,614
162
=810 (162x5)
engineers
243
=1,215 engineers
Total:
22,11,000
29,480
1,635
2,450
*Assuming FLC Output of 15 Units (EVM or VVPAT) per Engineer Per day.

19. EVM-VVPAT Requirement for Simultaneous Elections-2024
Estimated Polling Stations: 12,19,000 (15% increase over 2019)
Deployment Norms for EVM/VVPAT:
Ballot Unit: 171%
Control Unit: 125%
VVPAT: 135%
During Simultaneous Elections, 2 sets of EVMs needed at each Polling Booth.
*It is presumed that 5.3 lakh M2 EVMs (vintage ) will continue to be used till 2024.
Details of Units
Ballot Units
Control Units
VVPATs
Availability by before Simultaneous Election-2024*
36,25,000
26,50,000
28,62,000
Reqt for Simultaneous Elections-2024
41,68,980
(12.19 lac x 1.71 x 2)
30,37,500
(12.19 lac x1.25 x 2)
32,91,300
(12.19 lac x1.35 x 2)
Shortfall
5,43,980
3,87,500
4,29,300

20. Additional Financial Requirement for Simultaneous Elections-2024
Present Cost of EVM/VVPAT:
Ballot Unit: Rs.7,700 per Unit
Control Unit: Rs.9,300 per Unit
VVPAT: Rs.16,200 per Unit
Total funds required:
Unit
No. Of Units Reqd
Basic Cost per unit (INR)
Total Basic Cost (in Crores)
Expected GST Crores
Total Cost (in Crores) BU
5,43,980
7,700/-
418.87
75.40
494.27 CU
3,37,500
9,300/-
369.70
66.55
436.25
VVPAT
4,29,300
16,200/-
695.47
125.18
820.65
Total
267.13

21. Thank you!