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This is an archive article published on September 4, 2023
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Opinion One Nation, One Election: A blow to federalism, a challenge to implement

It would require multiple constitutional amendments. Simultaneous elections are also an attack on the autonomy and independence of state governments

One nation one pollIt is important to note that the implementation of “one nation, one election” would require constitutional amendments, legal changes and political consensus, which is a complex and lengthy process. (File Photo)
September 5, 2023 01:59 PM IST First published on: Sep 4, 2023 at 06:34 PM IST

The idea of simultaneous elections, or “One Nation, One Election”, was first formally proposed by the Election Commission of India in its 1983 report. The commission suggested that conducting simultaneous Lok Sabha (parliamentary) and state legislative assembly elections could reduce the frequency and associated costs of elections. Subsequently, the Law Commission of India also examined the issue and submitted several reports suggesting measures to synchronise the terms of the state legislatures with those of the Lok Sabha.

Former Prime Minister Atal Bihari Vajpayee was a vocal supporter of simultaneous elections. In 1999, he was elected to the Lok Sabha and he brought the idea with him. However, the proposal did not lead to legislative changes.

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In 2017, the Niti Aayog released a paper titled ‘Election Time Table’, discussing the feasibility of simultaneous elections. It suggested a practical roadmap for implementing the concept. In 2018, the Law Commission of India released a draft working paper that outlined the legal and constitutional aspects of simultaneous elections. Prime Minister Narendra Modi also stressed the need for debate and discussion on simultaneous elections in his Independence Day speech from the ramparts of the Red Fort in 2019.

Several all-party meetings have been called to discuss the feasibility and merits of holding simultaneous elections. Various political parties and stakeholders have also been involved in these discussions. In 2020, the issue was examined by the Parliamentary Standing Committee on Law and Justice, headed by Member of Parliament Anand Sharma. The committee had sought inputs from various stakeholders.

Most recently, this month, the Centre has constituted a committee under the chairmanship of Former President Ram Nath Kovind. It will study the electoral process in India.

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It is important to note that the implementation of “one nation, one election” would require constitutional amendments, legal changes and political consensus, which is a complex and lengthy process. The concept has both supporters and detractors, and its feasibility and desirability remain a matter of political discussion and debate in India.

One Nation, One Election may be a topic of discussion, but it has its challenges and problems. The most important of which are the challenges of federalism. India is a country of diversity, which has its federal structure with the division of powers between the central and state governments. Simultaneous elections are an attack on the autonomy and independence of state governments. This can not only weaken this federal structure but also increase the conflict of interest between the Centre and states.

In our country, with a population of almost 150 crore, it is a logistical challenge. In India, elections are festivals of democracy. This requires careful planning and coordination, which can be difficult if simultaneous choices have to be made.

Some argue that simultaneous elections can reduce voter fatigue. Others point to a potential information overload for voters, given that they have to pick their leaders at multiple levels of government at the same time. Every voter has different considerations and consequently, different voting preferences at national, state and regional levels. Simultaneous elections run the danger of national issues eclipsing local issues. This can have a poor impact on voters’ decision-making abilities while picking candidates — due to confusion or overwhelm.

Due to the complex nature of the country’s political and constitutional framework, implementing One Nation, One Election in India presents many legal challenges. It would require significant amendments to the Indian Constitution, like key provisions relating to the terms of elected bodies (e.g., Lok Sabha, state assemblies and local bodies). At least five Articles of the Constitution — 83, 85, 172, 174 and 356 — and several statutory laws would have to be amended before any such proposal could be implemented. It will also be necessary for Union and state assemblies to have fixed tenures. This means that the House’s tenure cannot be extended at any cost, except in case of a declared emergency. It would also allow for the House to be dissolved before the expiry of its term. Amending the Constitution is a lengthy and politically challenging process that requires a two-thirds majority in both Houses of Parliament. States will also have to give consent.

Coordinating the terms of different levels of government (central, state, and local) to simultaneously coincide with the election cycle is legally complex. For example, the terms of state governments vary, and some states are given special provisions under Article 371 of the Constitution. State governments in India have a large degree of autonomy and can oppose any move that violates their powers. This move amounts to an attack on the autonomy of the states. It may affect their independent functioning, which is constitutionally protected.

Similarly, local elections follow a decentralised system of governance, in which local bodies enjoy significant autonomy. Simultaneous elections would require changes to the laws governing local body elections to align them with the new election cycle.

Simultaneous elections may lower election expenditures, but they have their financial and administrative challenges. Its implementation will require the allocation of massive financial and administrative resources. Implementing such a change would require a sound legal framework for budget allocation and resource coordination.

Simultaneous elections may also require amendments to anti-defection laws to prevent legislators from switching parties in line with the election cycle, which could potentially weaken the spirit of the concept.

Legal representation in courts may be affected, too. The number of cases in courts at different levels (national, state and local) may increase during elections, thereby affecting the judicial process.

Achieving political consensus on holding simultaneous elections among different political parties, especially regional parties, is a legal and political challenge in itself. Convincing all political stakeholders to agree on the necessary legal changes is a significant hurdle.

The writer is a former Rajya Sabha MP

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