THE CONTEXT: The Union Cabinet has approved recommendations for implementing simultaneous elections in India, as the Ram Nath Kovind committee proposed. This move aims to align elections for the Lok Sabha, state assemblies, and local bodies, potentially transforming the country’s electoral landscape.
HISTORICAL BACKGROUND:
Past Instances of Simultaneous Elections in India (1951-1967): Between 1951 and 1967, India conducted simultaneous elections to the Lok Sabha (the lower house of Parliament) and all State Legislative Assemblies. The first general elections in 1951-52 set this precedent, and the practice continued for three subsequent election cycles in 1957, 1962, and 1967.
PREVIOUS DISCUSSIONS AND REPORTS:
- Law Commission Reports:
- 170th Report (1999): Suggested simultaneous elections to strengthen governance and reduce expenditure.
- Draft Report (2018): Proposed amendments to the Constitution and electoral laws to facilitate simultaneous polls, recommending a two-phase implementation starting in 2019 and 2024.
- Parliamentary Standing Committee Report (2015):
- The Committee on Personnel, Public Grievances, Law and Justice supported the idea, citing benefits such as reduced election expenditures and improved governance.
- Recommended consensus-building among political parties and stakeholders.
- NITI Aayog’s Discussion Paper (2017): Released an “Analysis of Simultaneous Elections: The ‘What,’ ‘Why,’ and ‘How’.” The advantages highlighted include continuity in policies, reduced burden on administrative resources, and decreased disruption due to frequent imposition of the Model Code of Conduct.
- Election Commission of India’s Views: Expressed readiness to conduct simultaneous elections, subject to legal and logistical frameworks being established. Emphasized the need for additional resources and amendments to existing laws.
THE KOVIND COMMITTEE PURPOSED CONSTITUTIONAL AMENDMENTS:
- Introduction of Article 82A: Enable the transition to simultaneous elections and set the framework for the appointed date.
- Amendments to Articles 83 and 172:
- Article 83 (Duration of Houses of Parliament): Amend to adjust the term of the Lok Sabha.
- Article 172 (Duration of State Legislatures): Amend to align the terms of State Assemblies with the Lok Sabha.
- Amendments Concerning Local Governments: Modify provisions related to municipalities and panchayats to facilitate their inclusion in simultaneous elections. Since “local government” is a subject under the State List, these amendments require ratification by at least half of the States.
- Amendment for Single Electoral Roll: Adjust constitutional provisions to enable a single electoral roll for all elections. Coordinate between the ECI and SECs to implement this change.
- Amendments to Address Mid-term Scenarios: Introduce provisions to handle situations like a hung House or a no-confidence motion. Ensure stability and continuity of governance during unforeseen political events.
- Amendments to the Seventh Schedule: Modify Union and State Lists entries to empower Parliament to legislate on matters necessary for simultaneous elections.
- Amendments to the Representation of the People Act, 1951: Make necessary statutory changes to reflect the constitutional amendments and facilitate simultaneous elections.
- Total Amendments Proposed: A total of 18 constitutional amendments are proposed, most of which will not require ratification by State Assemblies.
PHASED IMPLEMENTATION STRATEGY
Phase 1: Alignment of Lok Sabha and State Assembly Elections
- Legislative Action: Introduce and pass the first Constitution Amendment Bill in Parliament to enable simultaneous elections for the Lok Sabha and State Assemblies.
- Requires a special majority in both the Lok Sabha and Rajya Sabha:
- At least half of the total membership must vote in favor.
- Of the members present and voting, at least two-thirds must vote in favor.
- Presidential Notification: Upon enactment, the President will issue a notification during the first sitting of the Lok Sabha, setting the appointed date.
Phase 2: Alignment of Local Body Elections (Within 100 Days of Phase 1)
- Legislative Action: Introduce and pass the second Constitution Amendment Bill to align local body elections. It needs a special majority in both Houses of Parliament and ratification by at least half of the State Legislatures due to changes affecting the State List.
LEGAL AND CONSTITUTIONAL HURDLES
- Amending the Constitution: Implementing ONOE requires significant constitutional amendments, including changes to Articles 83, 85, 172, 174, and 356. Such amendments require a special majority in Parliament and ratification by at least half of the state legislatures.
- Judicial Scrutiny: Any constitutional amendment is subject to judicial review. The Supreme Court may examine whether the amendments violate the basic structure of the Constitution, particularly the principles of federalism and democracy.
- Consensus Building: Achieving the necessary political consensus is challenging. The ruling party does not have a two-thirds majority in both houses of Parliament, and several opposition parties and state governments have expressed reservations.
- State Election Commissions (SECs): The proposal affects the functioning of SECs, which are constitutionally empowered to conduct local body elections. Aligning these elections with the national cycle may require restructuring the roles and powers of SECs.
AMENDMENTS AFFECTING THE FEDERAL STRUCTURE
- Centralization of Power: The required constitutional amendments may lead to greater centralization, affecting the federal equilibrium. States may perceive this as an encroachment on their legislative and administrative autonomy.
- Uniform Electoral Roll: Proposing a single electoral roll for all elections necessitates coordination between the Election Commission of India (ECI) and SECs. This could dilute the SEC’s autonomy granted under Articles 243K and 243ZA.
- Financial Control: Centralizing elections may lead to central control over electoral funding and logistics, which could marginalize states’ influence over their elections.
- Alteration of Legislative Terms: Adjusting the terms of state assemblies—either by curtailing or extending them—to achieve synchronization may require amendments that affect the democratic rights of the electorate and the representative nature of governments.
THE WAY FORWARD:
- Building Political Consensus: Refer the Constitution Amendment Bills to a Joint Parliamentary Committee (JPC) comprising members from all major parties to deliberate and recommend a consensus-based approach.
- Constitutional Amendments and Legal Framework: Establish a panel of constitutional experts to draft precise amendments minimizing ambiguities. Prioritize amendments that need only a special majority before tackling those requiring state ratification.
- Addressing Federalism Concerns: Allow flexibility for states with unique political contexts (e.g., disturbed areas) to hold elections separately if necessary.
- Constructive No-Confidence Motion: Introduce a system where a no-confidence motion must be accompanied by a confidence motion for an alternative government, as practiced in Germany.
- Incentivization: Offer financial incentives or grants to states aligning local elections with the national schedule. Kerala successfully holds synchronized elections for local bodies through effective coordination between the SEC and state government.
THE CONCLUSION:
It challenges the balance of power between the Centre and the states, as established by the Constitution. Implementing it necessitates careful consideration of legal hurdles, potential impacts on federalism, and the need for broad political consensus to amend foundational constitutional provisions without undermining the democratic fabric of the nation.
UPSC PAST YEAR QUESTION:
Q. Simultaneous elections to the Lok Sabha and the State Assemblies will limit the amount of time and money spent on electioneering but it will reduce the government’s accountability to the people 2017
MAINS PRACTICE QUESTION:
Q. “The proposal for ‘One Nation, One Election’ has gained traction with the Union Cabinet’s recent approval of the Ram Nath Kovind Committee’s recommendations.” Critically examine the constitutional and logistical challenges in implementing simultaneous elections in India.
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