INTRODUCTION
India is known as the largest democratic country in the world. In a democracy, people select their representatives themselves. So, conducting elections for the whole 1.4 billion people free and fair from irregularities is supposed to be the most important feature for running a smooth democratic government. In India, we have elections every year. We vote for our Parliament, State Legislature, and sometimes for the local governing bodies, and conducting elections in all those different arenas requires proper infrastructure and logistics support as a result the process requires a lot of spending. To make the election process more cost-effective, synchronizing all elections there is a proposal for conducting One Nation and One Election.
In this article, the author will delve into deeper whether this process of One-time Election will be effective or not for the Indian subcontinent.
HISTORICAL PERSPECTIVE
The happening of Simultaneous polls are not a novel concept in India. Since independence, simultaneous polls have happened four times in India from 1951-52 till 1967. After that because of the premature dissolution of some state governments and the early termination of the Lok Sabha, the poll cycle was terminated.
ELECTION COMMISSION OF INDIA
The main body that is responsible for conducting free and fair elections in India is the Election Commission of India. Part XV of our Indian Constitution under Article 324 Article 329 mentions Election proceedings in India.
The Election Commission of India is a three-member body consisting of one Chief Election Commissioner and two election Commissioner. After 1989 the structure of the Election Commission changed from a single-member body to a multi-member body.
The Election Commission of India conducts elections for Parliament, State Legislative bodies, President and Vice-President.
Municipality and Panchayat’s election is conducted by State Election Commission.
PRESENT DAY CONTENTION
In 2018 21st Law Commission of India under the chairmanship of Justice B.S. Chauhan published a draft report to initiate the synchronization of elections in India from 2024. Implementation of that was not possible. Because certain changes were needed as
- Synchronization of election is not possible within the existing framework. Amendment is needed in the Representation of People Act,1951, election procedure-related rules also need modification.
- The no-confidence Motion structure should be replaced by a Constructive vote of no-confidence.
- Anti-defection law also needed amendment.
- To prevent a hung house or hung assembly situation proper meeting under the chairmanship of the President or Governor is necessary. Otherwise mid-term election may held for the remaining period.
After the Law Commission report mentioned so many amendments and changes the Government formed a High-Level committee consisting of nine members under the chairmanship of former president Ram Nath Kovind. The Committee was formed on 2nd September, 2023.
OBSERVATION OF THE HIGH-LEVEL COMMITTEE
The committee has submitted its report after 191 days. It has recommended certain changes after an extensive consultation with different stakeholders. Those are-
- Support for Simultaneous Election– in its report the committee has supported the idea of simultaneous election. Conducting elections frequently for different layers of the government is a cost-consuming process. Rather if the elections could be held simultaneously there would be more stability and effectivity in the governing structure. The expenditure that is happening for conducting elections at different times its logistics support costs everything can be reduced. The government will be able to focus on formulating different policies other than conducting elections.
- Amendment of Article 82 A– the committee suggests that Article 82 A of the Constitution should be amended which will give the power to the President for specifying a date for conducting the process of simultaneous election in Parliament and State legislative bodies. Those states where elections will held after this date will synchronize their terms with Parliament.
- Term Synchronization– the committee suggested that whenever the next simultaneous poll would happen all the state assemblies should be dissolved with the 18th Lok Sabha which will work as a one-time measure for synchronizing all elections. In case there is a need to elect a new government it will get a reduced tenure.
- Local Body Election– the committee also recommended that there is a need to amend Article 324-A That will ensure synchronization of municipalities and Panchayat’s election with the general election. They also proposed that local body elections could be conducted 100 days after the election of Parliament and State assemblies.
- Requirement of State Ratification– the committee suggested that for synchronizing parliament and state-level elections, state ratification is not needed for any constitutional amendment. But for conducting simultaneous elections in local bodies state ratification is needed.
- 6. Preparing Single Electoral Roll– the committee also tabled that there is a need to amend Article 325 of the Constitution so that a single electoral roll and Elector’s Photo Identity Card can be created that will be applicable for casting votes in different tiers of the government. There is a need for adjustment between the Election Commission of India and the State Election Commission to enable this system so that duplicity can be prevented.
- Expenditure related to Logistics– The committee advised the Election Commission of India to table detailed expenditures and necessities for conducting synchronized elections. The election Commission along with state bodies should create a detailed estimation of expenditures and also make a plan for executing seamless election procedures.
CHALLENGES RELATED TO THE ONE NATION ONE ELECTION
- Federalism Concerns- in the Constitution, it is mentioned that India is a Union of States, so when elections happen simultaneously that will hamper the State government’s autonomy and development structure. As a result Federal structure is affected and conflict between Central and State governments is uprising.
- Short-term Cost increase- conducting simultaneous elections in the long run will be cost-effective. But, for initiating the process a large number of EVMs and VVPAT machines will be required, great number of securities, and polling agents have to be deployed which may become cost-consuming.
- Election Commission’s independence- before taking any decision regarding elections the top priority should be given to the opinion of the Election Commission. But, in the committee election Commission’s opinion was taken passively it was not directly involved.
- Affecting State’s Progress- when a State government gets elected it is used to plan the state’s development by taking some measures and implementing certain policies but when there is uncertainty in the government’s term it will not take any long-term action if it gets less than the usual term. If a State Government starts any beneficiary project for people that does not get completed within their short tenure then the budget allocated for that project will go in vain.
- Constitutional Concerns- Article 83(2)and Article 172 The Constitution depicts a five-year tenure for both the Central as well as State Governments. This new concept raises questions about the collapse of governments in mid-tenure. In that time whether the President’s rule will be applicable or a new election will happen that matter needs consideration.
CONCLUSION
The bill regarding One Nation One Election will be tabled in the Winter Session of the Parliament, proper debate and discussion should happen in the Parliament before finalizing on the topic. As there are many benefits regarding cost-effectiveness, scope for increasing time in good governance, and better policy implementation, the challenges should also be taken care of.
The last time a simultaneous election happened was in 1967 after that because of certain drawbacks the system was not continued. The Government should also have a comprehensive plan regarding all the changes in the Constitution as well as in the system for conducting free and fair elections. At last whatever changes happen in the Election process that should be conducive for upholding the Country’s democratic status.
Author(s) Name: Soumi Kundu (Calcutta University, Kolkata)
