Relevance:
Prelims and Mains
General studies paper II
Indian polity and Governance
The NDA government, after its massive victory in the 2019 Lok Sabha elections, has come up with the proposal of ‘One Nation One Election’ for further elections in the country.
The largest democracy in the world holds elections in four major dimensions as of now:
- General Elections (Lok Sabha)
- State Assembly Elections
- Rajya Sabha Elections (Upper House)
- Local body elections.
However, it becomes a matter of concern, that the One Nation One Election theory shouldn’t affect the federal structure of the Indian Constitution and only a special committee should decide the consequences and implementation of simultaneous polls.
What is the ‘One Nation One Election’ system?
The current electoral system of the country holds separate polls for the Lok Sabha and state Assemblies in a gap of five years, i.e. when the tenure of the Lower House or the state government concludes, or either of them is dissolved prematurely.
The term of state assemblies may not necessarily be in sync with one another or that of the Lok Sabha. As a result, the mammoth task of conducting elections goes all round the year.
One Nation One Election proposes that simultaneous elections be held in all states and the Lok Sabha in a gap of five years. The idea behind it is envisaging an amendment in the entire electoral system of the country where elections to the states and Centre synchronise.
Listed voters shall cast their votes at the same time and the same day for both Lok Sabha and state assemblies.
History
Simultaneous polls to states and Lok Sabha is not a newly conceived norm. In fact, simultaneous elections have previously been conducted in India in 1952, 1957, 1962 and 1967.
Soon after, this norm was discontinued following the dissolution of some Legislative Assemblies between 1968 -69. Since then, the Indian Electoral system holds polls to Centre and states separately.
The BJP government, after coming to power in 2014, had put forward a strong pitch for the conduct of simultaneous elections in the country. The Opposition parties had argued that such deliberations will adversely affect the federal nature of the Indian political system.
However, on August 30, 2018, the Law Commission submitted a draft report endorsing the implementation of simultaneous polls, recommending changes to the electoral laws and Articles pertaining to the same.
Implementation
Beyond political parties going against this proposal, the main task of executing the ‘one nation one election’ theory lies with unavoidable Constitutional problems.
For simultaneous polls, there has to be a political consensus pertaining to the changes in the electoral system. Furthermore, amendments to the Constitution need to be formulated.
To start the execution of ‘one nation one election’, one of the options is that polls to states and Union Territories have to be synced by 2021, and then fresh simultaneous polls should be held from 2024 onwards. However, Constitutional defaulters still linger.
Few of the important Articles that need to be amended for implementation of ‘one nation one election’ are:
Article 172 and Article 83 deal with the duration of the Houses of Parliament, and guarantees a five-year term to both the elected Lok Sabha and state assemblies, unless they are dissolved sooner.
Article 85 of the Indian Constitution deals with the powers of the President to summon Parliamentary sessions, not exceeding a gap of more than six months. The President also carries the power to adjourn either House of the Parliament and the dissolution of the Lok Sabha.
Article 356 of the Indian Constitution, comes into action in case of governance and constitutional failure in a state and deals with the President’ Rule.
Amendments in the People’s Representation Act, 1951(RPA Act 1951) and the Anti Defection Law must be made for organised conduct and stability in both Lok Sabha and state assemblies.
What is the primary debate around One Nation One Election?
The primary cause of concern amongst parties that have opposed simultaneous polling is that of Constitutional glitches and anti-federal consequences.
Some believe that this shall impact the voting judgement of the people. Further, this new process shall require manpower and machinery (EVMs and VVPATs) on a humongous scale.
Ideally, the ‘one nation, one election’ system should reduce the amount of time, energy and resources invested in the conduct of polls. If simultaneous polls do reduce the duration of conducting polls, political parties will have ample time to address national issues and enhance governance.
What are the pros of implementing simultaneous polls?
- Expenses regarding Money and Administration, will be drastically cut, political parties spend a lot on elections campaigning.
- In 1951 elections, 53 political parties contested and the expense declared was 11 crores.
- In recent 2019 elections, 610 political parties contested and the expense as per ADR is 60,000 crores
- There will be time for the Government to focus on some constructive work because imposition of model code of conduct for such a long time is hampering developmental and welfare activities.
- The ruling parties will be able to focus on legislation and governance rather than having to be in campaign mode forever.
- The entire State and District level administrative and security machinery will be busy with the conduct of elections twice in a period of five years as per the current practice.
- Large numbers of teachers are involved in the electoral process which causes maximum harm to the education sector.
What are the cons of implementing simultaneous polls?
- Amendments to the constitution: To conduct simultaneous elections in India, many amendments to the constitution of India are to be made.
- Article 83 of the Constitution provides for the tenure of both Houses of the Parliament (Lok Sabha and Rajya Sabha).
- Article 83(2)11 provides for a term of five years for Lok Sabha, from the date of its first sitting unless dissolved earlier.
- Article 172 (1) provides for five year tenure for State Legislative Assembly from the date of its first sitting.
- The provison to Article 83 (2) of the Constitution provides that when a proclamation of emergency is in operation, the term of the House may be extended for a period not exceeding one year at a time by Parliament by law and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
- Similar provision also exists for State Legislative Assembly under the proviso to Article 172 (1) of the Constitution.
- Article 85 (2)(b) of the Constitution of India provides the President with the power to dissolve Lok Sabha. Similar provision for dissolution of State Legislative Assemblies by the Governor of State is provided under Article 174 (2)(b)
- The Representation of People Act 1951, which covers various modalities of conducting elections in the country, also needs to be amended.
- Simultaneous elections threaten the federal character of our democracy.
- Large national parties would reap the economies of scale of one large election every five years, to the disadvantage of regional parties.
- It is against the constitutional fabric.
What are the Challenges?
- During consultations with the Law Commission of India, political parties were divided on the issue of holding simultaneous elections.
- Simultaneous elections would involve arbitrary curtailment or extension of the tenure of a House — the legal propriety of which is questionable.
- Such a measure would undermine federalism as well as representative democracy.
- The problem lies in the fact that, India has a Parliamentary form of government in which government is accountable and can fall before it completes its term.
- Our parliamentary system is complex, different and difficult compared to other parts of the country.
- As it requires constitutional amendments, it demands greater degree of political consensus.
What could be the probable consequences?
The proposal, if adopted, would have the following consequence:
this will be a blow to democracy and federalism. More deeply, the founding pact of the Indian Union is based on federalism. It is the choice of the founding fathers of the Union. Of course, the Constitution of the Union can evolve because a Constitution is not a fixed text for eternity. What seems to be emerging through the announced project is the questioning of the founding pact that can lead to the destruction of the Union. It becomes more than necessary to have in mind what was said seventy years ago, on November 25, 1949, by B.R Ambedkar at India’s Constituent Assembly for the last time. It is important to re-read this speech and especially to make it known to younger generations.
Way forward:
- The concept of ‘One India One Election’ can bring a good change if it could be carried out with the proper execution of policies and rules, taking care of the rising need for good administrative staff and security.
- A focused group of constitutional experts, think tanks, government officials and representatives of political parties should be formed to work out appropriate implementation related details.
One Nation One Poll is a good idea to reduce the cost of election and people will give more importance to the election. Save time and money, as well as Political speeches against divisive Parties. One clear vote in each State and the Nation can work better. Till 1967 in almost all states Congress was the ruling party. So the electorate fund it easy to elect its representatives. Now caste and language are new factors which mostly are influencing the voters adversely. Simultaneous elections are beneficial no doubt but it may be difficult to implement in this fouled environment.