Bharatiya Janata Party (BJP) has asked its units in Punjab, Uttar Pradesh, Uttarakhand, and Goa to prepare in case Assembly elections, due in 2027, are advanced to avoid overlapping with the next Census exercise, a report by The Indian Express stated.

But can state elections be advanced because the Census is around the corner?

The terms of the Assemblies in Goa, Punjab, Uttarakhand and Manipur are due to end in March 2027, while the Uttar Pradesh Assembly’s term expires in May 2027.

The concern over a possible overlap between the Census and Assembly elections is largely administrative. Both exercises require extensive deployment of government personnel, including teachers, local officials, and field staff, and demand significant logistical coordination and security arrangements.

An overlap between these two puts stress on the administrative capacity and complicates planning at both the state and central levels.

The legal position

Under Article 172 of the Constitution, a State Legislative Assembly has a normal term of five years.

However, the Constitution qualifies this tenure with an important phrase: “unless sooner dissolved”. This means that five years is the maximum ordinary life of an Assembly, not a guarantee that it must continue for its entire term. An Assembly can cease to exist before completing five years if it is dissolved in accordance with the Constitution.

How can elections be advanced?

There are two constitutional routes through which Assembly elections can be held before the scheduled end of a House’s five-year term.

Route 1: Polls within the six-month pre-expiry window

If an Assembly is not dissolved before completing its term, elections need not be held until after the House expires.

Under Section 15 of the Representation of the People Act, 1951, the election notification for a Legislative Assembly cannot be issued earlier than six months before the expiry of the Assembly’s normal term.

This means the Election Commission can hold elections before the Assembly’s term officially ends, as long as the process is completed within the legally allowed six-month period.

Route 2: Early dissolution of the Assembly

The second route is through the premature dissolution of the Assembly.

Under Article 174 of the Constitution, the Governor may dissolve the Legislative Assembly, usually on the aid and advice of the Council of Ministers headed by the Chief Minister. Once the Assembly is dissolved, the EC can start fresh elections to constitute a new House.

This route is typically used when a government seeks a fresh mandate before completing its full term.

Who decides what?

When a government seeks an early mandate, the process begins with the State Council of Ministers, which advises the Governor to dissolve the Assembly before the end of its term. The Governor then formally dissolves the House under Article 174 of the Constitution.

Once the Assembly is dissolved, the EC takes charge of the electoral process. EC then announces the dates for filing nominations, withdrawal of nominations, polling, and counting of votes.

What has the Supreme Court said?

In 2002, the Gujarat Assembly was dissolved months before its term was due to end because of the communal riots in the state. The early dissolution of the state Assembly set the key legal precedent for advance elections. The Supreme Court had held at that time that Article 174’s requirement that no more than six months should elapse between two Assembly sessions does not apply to a House that has been dissolved.

The Court also clarified that the EC, under Article 324, has the authority to decide when elections can be held to ensure free and fair polls.

The apex court’s ruling meant early dissolution does not automatically require elections within six months.

There have been several instances of states going to the polls before their terms ended. In 2004, Andhra Pradesh and Odisha advanced Assembly elections to coincide with the Lok Sabha polls. In Telangana in 2018, then chief minister K Chandrashekar Rao recommended the early dissolution of the Assembly in September, nearly nine months before its term was due to end. The Governor accepted the recommendation, and elections were held in December that year.