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ONE NATION ONE ELECTION: RESHAPING INDIA’S POLITICAL LANDSCAPE || KURELLA HARI KRISHNA

                              
      This blog gives insights on one nation one election, which is also called as simultaneous elections.
  
Common Man, by R K Lakshman; Times of India

We all must have taken exams in our educational lives. Generally, we take them in a single stretch. What if exams are conducted with long intervals? I mean, if one subject exam is conducted on one day and the next subject exam is conducted after one month, can we write them effectively? Moreover, try to look at this from the management side as well. Are they able to conduct exams efficiently? No, right. So, it means anything that has to be conducted in a single stretch should be conducted in a single stretch to achieve efficiency and effectiveness. Similarly, our elections have to be conducted in a single stretch to realize their objective. Since the election is one of the major elements of democracy, it should serve its purpose of involving as many people as possible by conducting simultaneous elections.

What are simultaneous elections?

What does a simultaneous election mean? Is it conducting elections to the House of the People, all state legislative assemblies, and all local bodies in one day? Here is the answer: Simultaneous elections mean general elections held for constituting the house of the people, all state legislative elections, and local bodies together at the same time. Simultaneous elections are also referred to as One Nation One Election (ONOE). Simultaneous elections would not mean that voting across the country would take place on a single day. In a country as large as India, it is not possible to have that. Pragmatism requires elections to be held in phases. Elections to the local governments will be held within 100 days of conducting elections to the House of the People and state legislative assemblies.

Constitution of the committee

On 2nd September 2023, a High-Level Committee, which was headed by former President of India Shri Ram Nath Kovind, was set up by the government of India to examine and make recommendations for holding simultaneous elections to the House of the People (Lok Sabha), state legislative assemblies, municipalities, and panchayats. Before this High-Level Committee, several expert bodies like law commission of India (170th Report of 1999, 225th Report of 2015, Draft Report 2018), the National Commission to Review the working of the Constitution, 2002, the parliamentary standing committee Report in 2015 and NITI Aayog in its working paper in 2017 advocated holding simultaneous elections.

Scheme for implementing simultaneous elections

Elections to the House of the People, State Legislative Assemblies, and local governments will be synchronized by adopting appropriate constitutional changes, and this will be done in two steps. In the first step, simultaneous elections to the House of the People and state legislative assemblies will be held. In the second step, elections to the panchayats and municipalities will be held. For this to happen, the constitution will be amended to introduce the concepts of a “full term” and an “unexpired period” (where the house of the assembly is dissolved sooner than the expiry of its “full term”). If a house or assembly is dissolved sooner than its “full term”, the election that is going to be conducted is considered a “mid-term” election. An election that will be conducted after the expiry of the “full term” is considered a “General election”.

Moreover, for the synchronization of all these elections, a one-time transitory measure is necessary. After the general election, when the house of the people is constituted, the president will, by notification issued on the same date as the date of the first meeting of the house, bring into force the provisions for transition, and this date will be called the “appointed date”. Once the transitory measures come into play, the tenure of all the state legislative assemblies constituted in any election after the “appointed date” will come to an end on the expiry of the full term of the House of the People, irrespective of when an assembly is constituted. This helps in bringing synchronization.

Constitutional and legal framework

To conduct simultaneous elections, some provisions of the constitution have to be altered, and some new provisions have to be introduced into the constitution. There are over 15 amendments to the Constitution of India. Some important amendments and insertions include:

·       Article 83 (will be amended) – duration of the houses of parliament.

·       Article 172 (will be amended) – duration of state legislatures.

·       Article 82 A (will be inserted) – will establish the process for simultaneous elections.

      NOTE – Changes will not need ratification by the states.

·  Article 324 A (will be inserted) – to ensure elections to the local governments will be held simultaneously with the House of the People and state legislative assemblies.

      NOTE – These changes need ratification by the states.

·       Article 325 (will be amended) – this facilitates the Election Commission of India to prepare a single electoral roll and a single elector’s photo identity card.  

CHALLENGES

Challenges regarding simultaneous elections can be listed as below:

1.     Unconstitutional and against the doctrine of basic structure.

2.     Against democratic principles.

3.     Undermines federalism.

4.     Inability to deal with a hung parliament/assembly.

The constitutional framework provides enough safeguards to foster a resilient and vibrant democracy. As we navigate the constitutional landscape, it becomes amply clear that the holding of simultaneous elections in no way compromises the federal structure and democratic values.

The Rationale of Simultaneous Elections

The following will give us an overall understanding of the simultaneous election's positive side.

1.     Promotes consistency and stability in governance.

2.     Prevention of policy paralysis due to sequential imposition of the model code of conduct.

3.     Mitigating the diversion of government machinery and resources of public institutions.

4.     Regional parties continued their relevance.

5.     Enhancement of voter turnout.

6.     Enhanced opportunities for political workers in elections.

7.     Focus on governance.

8.     Reduced financial burden.

Conclusion

Simultaneous elections enhance transparency, inclusivity, ease, and confidence of the voters, and they also spur the development process and social cohesion, deepen the foundations of our democratic rubric, and realize the aspirations of India, that is Bharat.


Kurella Hari Krishna 
First Year Student of 3YDC
Pendekanti Law College
 
                                                                                                                
 

 






































       

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