NEW DELHI: The Law commission of India has drawn inspiration from various countries such as South Africa, Sweden and Belgium while recommending restoration of simultaneous polls in the country, The Sunday Standard has learnt. As reported first by The New Indian Express on April 11, a “working draft” report of the law commission recommends holding simultaneous elections in two phases, beginning from 2019. In South Africa, the elections for national and provincial assemblies are held simultaneously in a five-year cycle and the electoral system is based on ‘party-list proportional representation’, which means the total number of votes a party gets, decides the number of seats it may get.
Elections to Sweden’s county councils and municipal councils occur simultaneously with the general elections (elections to Riksdag), every four years. In Belgium, elections for the Federal Parliament are normally held every five years, coinciding with the European (and consequently also regional) elections.
Notably, the draft report has also listed out some major hurdles that, in the present scenario, are likely to crop up if simultaneous polls are held. Among these hurdles are dealing with the ‘no-confidence motion’ and the workaround suggested is its replacement with ‘constructive vote of no-confidence’.
The suggestion to replace the no-confidence motion with ‘constructive vote of no-confidence’ in order to avoid mid-term elections has come after studying examples of Germany, Spain, Hungary, Slovenia, Albania, Poland, Belgium and Israel where the system of ‘constructive vote of no-confidence’ exists, sources said. Through constructive vote of no-confidence’, an opposition would be able to oust a government only when the formation of an alternative government is possible.
The draft report also points out that the Constitution neither mentions confidence motion nor does it talk about no-confidence motion. It is Rule 198 of the Lok Sabha which specifies the procedure for a motion of no-confidence according to which any member may give a written notice; the speaker shall read the motion of no-confidence in the House and ask all those persons to rise who favour that the motion be taken up. If there are 50 MPs in favour, the speaker allots a date for discussing the motion. It may be recalled that the first NDA government lost such a motion in 1999.The draft report will be discussed at the meeting on April 17, which is expected to be attended by all members.