Law Ministry to Parliamentary Panel: Reverting to Ballot Papers ‘Out of Scope’

Using ballot papers for elections, it is reported, does not fall within the terms of reference of the joint committee of Parliament looking into the two bills on conducting simultaneous elections to the Lok Sabha and the state assemblies, this is what the ministry of law and justice of the Union is said to have informed.

A reverse to the ballot paper system was a ‘suggestion’ that some of the members of the joint committee made and the law ministry was supposed to reply to it by way oflettr.

The ministry’s Legislative Department, like all other departments, has dealt and responded to the varied questions posed to it by the committee, but decided not to answer the proposition made on the ballot paper system.

Leaked documents show the ministry reporting that the suggestion for conducting elections using the ballot paper system was ‘out of scope’ as it would apply to the parliamentary panel.

Those sources explained that the committee is required to consider the merits of these bills: the Constitution (129th Amendment) Bill and the Union Territories Laws (Amendment) Bill and whether they are sufficient or whether any revisions would be needed.

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They made it clear that the question of whether to vote using electronic voting machines (EVMs) or ballot paper is outside the scope of what the panel is looking into. 

Although the Constitution (129th Amendment) Bill provides a legal basis for simultaneous elections to the Lok Sabha and the assemblies, the Union Territories Laws (Amendment) Bill seeks to synchronize the duration of the legislative assemblies of Delhi, Puducherry, and Jammu and Kashmir for the purposes of joint elections. 

Delhi, Puducherry, and Jammu and Kashmir are the only three union territories that possess legislative assemblies. 

On several occasions, the government has informed Parliament that it does not support a return to the ballot paper system and the Supreme Court has also supported this position. 

The apex court last month dismissed applications to reintroduce paper ballots, saying the allegations of 'voting machine tampering' were 'baseless'. 

As per sources, the ministry was provided with a few of the questions, while others were referred to the Election Commission for a more considered answer.

The ministry has additionally informed the committee that conducting simultaneous elections to the Lok Sabha and state assemblies is not undemocratic, nor does it offend the federal structure. He is reported to have maintained that there was no cycle of simulataneous elections after arbitrary reasons such as imposition of President’s rule in certain states broke the cycle. The ministry also remarked that after India’s independence, election for Lok Sabha and all corresponding state assemblies were held simultaneously from 51 to 67. The very first elections for the Lok Sabha were conducted along with state elections in 1951-52, a trend which continued for the next three general elections in 1957, 1962 and 1967. This pattern of elections was broken in 1968 and 1969 due to mid term suspension of some state legislative assemblies. The fourth lok sabha was also disbanded early in 1970 and re elections were conducted in 71. The fifth Lok sabha was not permitted to serve a full term like the first, seecond, and third who were in power for five years and so the fourth was given until 1977 because of emergency rule under article 352.

Aside from the 8th, 10th, 14th, and 15th, very few Lok Sabha terms have endured the complete five-year tenure. The Sixth, Seventh, Ninth, Eleventh, Twelfth, and Thirteenth Seasons were cut short, as government representatives on “One Nation, One Election” had stated previously. 

Like the state assemblies, many other institutions have suffered interruptions over the years Premature dissolution extensions have become what the government refers to as a ‘continuing menace’.

These occurrences have distinctly shattered the uniformity of electoral activities, resulting in the gradual shift towards locally spaced election periods in different regions of the country. 

Using information from the high-level committee on ‘one nation, one election’, the explainers noted that simultaneous elections bolster better governance. 

“Because there is a continuous stream of elections in different parts of the country, political leaders, legislators, and even the state and central governments primarily concentrate on the next elections as opposed to concentrating on governance,” we quote from the text, which rationalizes the suggestion put forth by a committee led by former President Ram Nath Kovind.