Why in news?

The government introduced two Bills on “One Nation, One Election” in Lok Sabha amid strong objections from the Opposition INDIA bloc.

Voting during the introduction saw 269 members in favor and 198 opposing the Bills.

Union Home Minister Amit Shah and Law Minister Arjun Ram Meghwal assured the House that the Bills would be referred to a joint parliamentary committee for detailed examination.

What’s in today’s article?

• One Nation, One Election
• History of elections in India
• The introduction of bills and Opposition's Concerns
• Clarification on Voting Rules
• Procedure under Article 368

One Nation, One Election

• The concept of "One Nation, One Election" envisions a system in which all state and Lok Sabha elections must be held simultaneously.
• This will entail restructuring the Indian election cycle so that elections to the states and the centre coincide.
• This would imply that voters will vote for members of the LS and state assemblies on the same day and at the same time (or in a phased manner as the case may be).

History of Elections in India

• Era of simultaneous elections
  • The first general elections of free India held simultaneously to the Lok Sabha and the Legislative Assemblies of the States in 1951.
  • The next three cycles of elections also witnessed concurrent Lok Sabha and Legislative Assembly elections barring a few stray cases like:
    • Kerala where a mid-term election was held in 1960 on the pre-mature dissolution of the Assembly, and
    • in Nagaland and Pondicherry where the Assembly was created only after the 1962 general elections.
  • The last occasion when we had near-simultaneous elections was in 1967.
• Beginning of the end of simultaneous elections
  • The fourth Lok Sabha constituted in 1967 was dissolved prematurely in 1971. This was the beginning of the end of simultaneous elections.
  • Extension of the term of Lok Sabha during the National Emergency declared in 1975 and the dissolution of Assemblies of some States after the 1977 Lok Sabha election further disturbed the cycle of concurrent elections.
• Current status
  • After the two pre-mature dissolutions of the Lok Sabha in 1998 and 1999, only four State Assemblies have been going to polls along with the Lok Sabha elections in the last two decades.
  • We now have at least two rounds of Assembly general elections every year.

The introduction of bills and Opposition's Concerns

• Several Opposition MPs had given notices opposing the introduction of the Bills.
  • Clauses 72(1) and 72(2) of the Rules of Procedure and Conduct of Business in the Lok Sabha allow any member to give prior notices opposing the introduction of a Bill.
• Main opposition leaders have criticized the Bills, calling them a violation of the federal structure.
• They questioned why state governments should fall if the central government falls.
• They also claimed that the ruling government lacked the two-thirds majority required to pass a constitutional amendment.
  • Voting during the introduction saw 269 members in favor and 198 opposing the Bills.
• Hence, the Opposition MPs declared the introduction a procedural victory for them.

Clarification on Voting Rules

• Introduction Stage
  • A special majority is not required to introduce a Constitution Amendment Bill or refer it to a Select/Joint Committee.
  • A simple majority suffices at this stage, as per parliamentary rules.
• Subsequent Stages
  • A special majority is mandatory only during later stages of the Bill, such as:
    • Consideration of the Bill
    • Final Passage of the Bill

What Does Article 368 Say?

• Article 368 of the Constitution specifies:
  • An amendment Bill requires two-thirds majority of members present and voting and a majority of the total membership of the House to pass.
  • After passing both Houses, it must receive Presidential assent to become law.

Procedure for Constitution Amendment Bills

• Rule 157 of the Rules of Procedure and Conduct of Business in Lok Sabha: Process for Constitution Amendment Bills
  • For motions like considering the Bill, taking the Select or Joint Committee’s report into consideration, or passing the Bill (with or without amendments), the motion is deemed carried if:
    • A majority of the total membership of the House supports it, and
    • At least two-thirds of the members present and voting are in favor.

• Rule 158: Voting by Division
  • Division voting is required when a motion needs both:
    • A majority of the total membership of the House, and
    • A two-thirds majority of the members present and voting.