May 17, 2024

Lukmaan IAS

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ONE NATION, ONE ELECTION: LEGAL AND ADMINISTRATIVE TRANSFORMATIONS PROPOSED

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TAG: GS 2: POLITY

THE CONTEXT: Bar Council of India (BCI) Chairman suggests Constitutional changes, political funding reforms to High-Level Committee for ‘One Nation, One Election’.

EXPLANATION:

  • The concept of ‘One Nation, One Election,’ advocating simultaneous elections for Central and State governments, has garnered attention.
  • The Chairman of the Bar Council of India (BCI) has presented suggestions to the High-Level Committee for One Nation, One Election.
  • The proposed changes span constitutional amendments, empowering the Election Commission, electoral law modifications, political funding reforms, administrative preparedness, and public awareness campaigns.

Constitutional Amendment:

  • Synchronization of Tenures:
    • The foremost recommendation involves amending the Constitution to synchronize the tenures of State Assemblies with the Lok Sabha, requiring modifications to Articles 83, 85, 172, 174, and 356.
  • Examination of Additional Articles:
    • Articles 243K and 243ZA, establishing a State Election Commission, should be examined for potential adjustments.

Empowerment of Election Commission:

  • Resource and Authority Augmentation: To manage logistics and execution, the Election Commission of India (ECI) needs enhanced resources and authority, potentially requiring a restructuring for increased capabilities.

Amendments to Electoral Laws:

  • Representation of the People Act: Suggestions include amendments to the Representation of the People Act, 1951, outlining coordinated polling schedules, uniform campaign periods, and expenditure limits for both Parliamentary and State elections.

Political Funding Reforms:

  • Equitable Electoral Practices: To ensure fair electoral practices and mitigate monetary influence, substantial reforms to laws governing political funding and campaign finances are proposed.

Administrative Preparedness:

  • Comprehensive Coordination: Meticulous coordination between Union and State governments is deemed essential for seamless execution. This involves aspects such as security measures, polling station management, deployment of election personnel, and logistical requisites.

Public Awareness and Voter Education:

  • Key to Success: Extensive public awareness initiatives and voter education campaigns are emphasized as vital components for the success of ‘One Nation, One Election.’

Advantages and Challenges:

  • Cost and Administrative Efficiency:
    • Simultaneous elections could offer advantages such as cost and administrative efficiency, continuous governance, voter convenience, decentralization of power, greater policy focus, and reduced security concerns.
  • Disadvantages:
    • Challenges include the need for significant constitutional changes, an overemphasis on national issues, and the potential influence of national trends on State elections.

About the Committee:

  • Government has constituted an eight-member high level committee to examine One Nation, One Election in September, 2023.
  • Former President Ram Nath Kovind has been appointed as Chairman of the committee. Union Home Minister, Congress MP Adhir Ranjan Chowdhury, Former Leader of Opposition in Rajya Sabha, Former Chairman 15th Finance Commission. K. Singh and others are appointed as the members of the committee.
  • The high level committee will examine and make recommendation for holding simultaneous elections of Lok Sabha, State Legislative Assemblies, Municipalities and Panchayats, keeping in view the existing framework under the Constitution and other statutory provisions.
  • It will examine and recommend, if the amendments to the Constitution would require ratification by the States.
  • They will also suggest a framework for synchronisation of elections and specifically, suggest the phases and time frame within which simultaneous elections may be held.
  • The committee will also examine the logistics and manpower required, including EVMs and VVPATs for holding simultaneous elections.

Bar Council of India (BCI):

  • It is a statutory body established under the Advocates Act 1961 to regulate and represent the Indian bar.
  • It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.
  • It also sets standards for legal education and grants recognition to universities whose degrees in law will serve as qualification for enrolment as an advocate.
  • It conducts the All-India Bar Examination (AIBE) to grant a ‘Certificate of Practice’ to advocates practising law in India.

Conclusion:

  • The detailed proposals by BCI Chairman provide a comprehensive roadmap for the effective implementation of ‘One Nation, One Election.’
  • Acknowledging the paradigm shift required, the suggestions address legal, administrative, and logistical aspects, underlining the importance of consensus-building among political entities and a thorough assessment of potential ramifications on democratic principles.
  • The proposal reflects the need for meticulous planning to usher in this transformative change in India’s electoral landscape.

SOURCE: https://www.barandbench.com/news/south-africa-v-israel-highlights-icj-ruling-provisional-measures-palestinians-gaza

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