One Nation One Election

One Nation One Election

Context:

The committee led by former President Ram Nath Kovind on ‘One Nation, One Election’ might present its report to the Union Cabinet as part of the Ministry of Law and Justice’s 100-day agenda.

What is ONOE?

• One Nation One Election (ONOE) proposes holding all national and state elections simultaneously within a fixed timeframe. 
• It aims to streamline the electoral process, reduce costs, and increase voter turnout.

Background:

• Simultaneous elections were the norm in India until 1967, with Lok Sabha and state assembly elections held together in 1951-52, 1957, 1962, and 1967.
• Disruptions occurred in 1968-69 when some state assemblies were dissolved prematurely, breaking the cycle.
• The Lok Sabha was dissolved prematurely in 1970, leading to fresh elections in 1971.
• Currently, elections to state assemblies and the Lok Sabha are held separately based on their respective five-year terms.
• The Law Commission of 1999 and the 79th report of the parliamentary standing committee in 2015 supported the idea of simultaneous elections.

Simultaneous elections in other countries:

• In South Africa, national and provincial elections are held simultaneously every five years, with municipal elections two years later. 
• In Sweden, elections for the national legislature, provincial councils, and municipal assemblies occur on the second Sunday in September every four years. 
• In Britain, the Fixed-term Parliaments Act of 2011 mandates elections on the first Thursday in May every five years, starting from May 7, 2015.

Advantages:

• Cost Reduction:

• • General elections to the Lok Sabha cost around ₹4,000 crore.
  • State assembly elections also incur significant expenses.
  • Simultaneous elections could reduce these costs significantly, including party and candidate expenditures.

• Improved Governance:

• • Frequent state elections (5-6 per year) keep political parties and ministers in constant campaign mode, hindering policy-making and governance.
  • The Model Code of Conduct, enforced during elections, freezes new schemes and projects for 45-60 days, affecting governance.

• Administrative Efficiency:

• • Election periods slow down district-level administration, with primary focus shifting to elections.
  • Paramilitary forces are frequently redeployed, impacting their regular duties and overall administrative efficiency.

• Social Cohesion:

• • Frequent high-stakes elections lead to polarising campaigns, exacerbated by social media.
  • This deepens social divides in a multi-religious and multilingual country.

Challenges Involved in One Nation One Election:

• Democratic and Constitutional Issues:

• • Federal Concerns: India’s federal structure means states have unique issues. Simultaneous elections could overshadow regional issues with national ones, benefiting national parties over regional ones.

• • Governance Feedback: Elections serve as feedback mechanisms for governments. Holding elections once every five years could hinder this process.

• • Constitutional Amendments: Implementing simultaneous elections requires amending Articles 83, 85, 172, and 174, which deal with the duration and dissolution of legislatures, and Article 356 related to President’s rule.

• Legal Concerns:

• • Independent Existence of States: The Supreme Court in S.R. Bommai v. Union of India emphasised the independent constitutional existence of states, which could be compromised by altering legislative durations.

• • Bias and Exclusion: Limited language availability for consultations (only in English and Hindi) raises concerns about inclusivity.

• • Election Commission Independence: The Election Commission’s autonomy might be compromised, similar to the perceived sidelining of the RBI during demonetisation.

• Practical and Logistical Challenges:

• • Large-scale Deployment of EVMs and VVPATs: Significant resources would be required for large-scale deployment of electronic voting and audit trail machines.

• • Biennial and By-elections: Legislative council and Rajya Sabha elections, as well as by-elections, would still occur, incurring additional costs.

• • Voter Engagement: Frequent elections keep voters engaged and increase accountability of elected representatives.

• Opposition and Implementation Challenges:

• • Federal Spirit: The initiative is viewed as against the federal spirit due to lack of wider consultation with states.

• • Local Issues Neglected: Simultaneous elections might push local and regional issues to the periphery, favouring national parties.

• • Cost and Resources: Initial costs of purchasing EVMs and VVPATs and conducting biennial and by-elections might offset the perceived savings.

• • Complex Legal Process: Requires amending at least five constitutional articles and obtaining a two-thirds majority in both Houses of Parliament, as well as ratification by half of the state legislatures.

• • Local Body Elections: Aligning general and state elections with local body elections is complex, requiring changes in state-specific Panchayati Raj and Municipal Acts.

Recommendations of Law Commission and Parliamentary Committee Reports:

• Staggered Cycles:

• • Club Lok Sabha and half of State assembly elections in one cycle.
  • Hold the remaining State assembly elections in another cycle after two and a half years.
  • Requires amending the Constitution and the Representation of the People Act, 1951.

• No-Confidence Motion Accompanied by Confidence Motion:

• • Any no-confidence motion should include a confidence motion for an alternative government.
  • If the Lok Sabha or State Assembly is dissolved prematurely, the new House should serve only the remaining term of the original House.
  • Discourages MPs and MLAs from pushing for premature dissolution and encourages forming alternate governments.
• Consolidated Bye-Elections: Bye-elections due to death, resignation, or disqualification should be conducted once a year.

Recommendations of the High-Level Committee:

• Simultaneous Elections: Recommended simultaneous elections for Lok Sabha and state assemblies.

• • Synchronised local body polls within 100 days after general elections.

• Hung House or No-Confidence Motion: New Lok Sabha elections if the House is hung or a no-confidence motion passes.

• • New Lok Sabha serves only the remaining term of the previous House if its term was cut short.

• State Legislative Assemblies: Newly elected state assembly continues until the end of the full term of the Lok Sabha, unless dissolved earlier.

• Constitutional Amendments: Proposed amendments to Article 83 and Article 172 regarding the duration of Lok Sabha and state assemblies.

• • Amendment to Article 325 for preparing a common electoral roll and voter ID cards.

Way Forward:

• Focus will likely shift towards synchronising Lok Sabha and Assembly elections despite requiring multiple constitutional amendments.
• Judicial review of these amendments could pose significant challenges due to implications for Centre-State relations.
• Initial steps may involve attempting to consolidate as many Assembly elections as feasible with the Lok Sabha polls to enhance prospects of stable governance.
• Broad consultation across political parties and constituent States will be essential to garner support and address concerns effectively.

Conclusion:

Implementing One Nation One Election presents significant democratic, constitutional, legal, practical, and logistical challenges that need thorough consideration and extensive legal and political consensus.