The Hindu Editorial Analysis- 20th December 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Should legislatures in India have fixed tenures?

Why in News?

The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 suggests making the tenures of both the Lok Sabha and State Assemblies last for a set period of five years. 

• This change aims to make elections easier and cut down on expenses while still allowing for mid-term elections in cases where legislatures are dissolved. 
• There are worries about how this Bill might affect federalism and the ability of state legislatures to operate independently. 

Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024

• The Bill establishes a fixed term of five years for the Lok Sabha, with elections for State Legislatures scheduled to match this timeline.
• If the Lok Sabha or any State Assembly is dissolved before the term ends, mid-term elections will occur for the rest of the five-year period, rather than starting a new term.

Impact on Governance and Electoral Costs

• The new system is said to help reduce election costs, though a large part of these expenses comes from political parties rather than just the government.
• Holding elections frequently helps ensure political accountability, as it encourages representatives to interact with their voters more often.
• The Bill allows for mid-term elections, but the new legislature's term will only last for the remainder of the original five-year period, creating a different approach to governance.

Federalism and Political Plurality

• Aligning the terms of State Assemblies with the Lok Sabha is seen as a risk to federalism, as it can affect how State legislatures operate independently.
• Critics believe that the autonomy of State Assemblies might be weakened if they are dissolved too early to match up with parliamentary elections.
• Historical evidence shows that voters are able to tell the difference between Central and State elections, which helps maintain political diversity.

Addressing Political Stability and Horse-Trading

• The system may help reduce unstable practices like horse-trading, but it cannot completely stop them.
• Examples of political defections or instability in some states show that there might still be difficulties with the new plan.
• There are worries about the effects of shorter government terms if a government falls apart too soon.

Managing Political Exigencies and Deadlocks

• The Bill allows for mid-term elections when there are political deadlocks, like hung Assemblies. This helps maintain continuity by shortening the time that legislatures serve.
• It aims to create stability by establishing fixed terms for legislatures, but it also keeps the option to dissolve legislatures when necessary to manage political instability effectively.

Lessons from International Examples

• Comparisons with systems like the K.'s Fixed-term Parliaments Act of 2011, which was canceled because it didn't work well, show possible problems with having fixed legislative terms.
• In contrast to the U.K. system, the proposed Bill keeps the option for mid-term elections, so it doesn't require legislatures elected early to serve a full five-year term.

Concerns Over Implementation

• Political instability at the state level can result in frequent mid-term elections, which may disrupt governance.
• The existing system provides more autonomy and flexibility, which supporters believe should be maintained to handle the complexities of India’s federal structure.
• Holding simultaneous elections could lead to administrative and political turmoil, taking focus away from more urgent issues that affect the population.

Conclusion

• The proposal aims to make electoral processes simpler and bring more stability.
• However, it raises important issues regarding its effects on federalism, governance, and political accountability.
• While it could help minimize the problems caused by frequent elections, it might weaken the current system that ensures the independence and flexibility of India's legislative bodies.