One Nation One Election

One Nation One Election

Why in News :

• Recently One Nation One Election got approval from Modi Cabinet. A committee was formed for One Nation One Election whose chairman was former President Ram Nath Kovind.
  • Kovind gave his report to Modi Cabinet after which it was approved unanimously.

UPSC Syllabus: Preliminary Exam: Indian Politics and Governance- Constitution, Rights Issues Exam: GS-II: Indian Politics

It is planned to be implemented in two phases:

• In the first phase, elections to Lok Sabha and state assemblies will be held simultaneously.
• After this, local elections (panchayat and municipal corporation) will be held within 100 days.

What is One Nation One Election (ONOE)?

• “One Nation, One Election” (ONOE) proposes to hold elections to Lok Sabha and state assemblies simultaneously, allowing them to be held simultaneously.
• This concept aims to strengthen the electoral process, ensuring that elections to major legislative bodies are held in a single cycle rather than scattered across multiple dates and years.

Need for One Nation One Election 

• On average, 5 to 7 state assembly elections are held annually.
• This affects all major stakeholders, such as the Government of India, the State Government, Government employees, teachers on election duty, voters, political parties, and candidates.
• As per the 79th report of the Parliamentary Standing Committee, implementing the Model Code of Conduct suspends normal government activities and programs of the governments.
• Frequent elections lead to huge expenditures by the central and State Governments. This wastes public money and hampers development work.

Historical Context:-

• The idea has been in existence since the year 1983 when the Election Commission first introduced it.
• India held simultaneous elections for the Lok Sabha and state assemblies in the years 1951-52, 1957, 1962 and 1967.
• This coordination was further disrupted by the imposition of the Emergency in 1975, leading to an irregular electoral calendar that persists to this day.
• This results in an almost continuous cycle of elections across the country, with significant implications for governance and policy implementation.
• The concept of holding simultaneous elections has been revisited in recent years,
• The Law Commission of India discussed it in its 170th report in 1999.
• The issue of holding simultaneous elections was raised by Prime Minister Modi in 2014 and a committee headed by former President Ram Nath Kovind also considered the issue.
• The NITI Aayog released a discussion paper advocating it in 2018.

Current Relevance:-

• The pressure for ONOE has become more pronounced against the backdrop of India’s evolving democratic and economic landscape.

Key Recommendations and Amendments

Key Recommendations of the Kovind Committee:-

• The Kovind Committee suggests the introduction of Article 82A in the Indian Constitution to establish a framework for simultaneous elections.

This Article outlines several key provisions:

Article 82 A (1):-

• Mandates the President to issue a notification activating Article 82A on the date of the first Lok Sabha session after the general election, marked as the “appointed date”.

Article 82 A (2):-

• Ensures that the term of all state legislatures elected after the appointed date will co-terminate with the Lok Sabha.

Article 82 A(3-5):-

• Empower the Election Commission of India to hold simultaneous general elections to both the Lok Sabha and state legislatures.
• If simultaneous elections to an assembly are impracticable, the DCI may recommend deferring such elections, although their terms should be consistent with the term of the Lok Sabha.

Amendments to enhance the legislative framework

Amendment of Article 327:-

• The Committee recommends expanding the authority of Parliament under Article 327, including the power to legislate on elections, thus streamlining the legal framework for election management.

Addressing premature dissolution:

• To allow the Lok Sabha or assemblies to be dissolved before their full term, amendments to Articles 83 and 172 redefine the remaining term as an “unexpired term”.
• The newly constituted House will serve only for this unexpired term, which will also ensure alignment with the election schedule.

Inclusion of Union Territories and Local Body Elections:-

• To ensure wider application, the Committee recommends amendments to the Acts governing Union Territories to hold simultaneous elections to their Legislative Assemblies on a nationwide schedule.
  • Further, a separate amendment Bill proposes to extend simultaneous elections to local bodies subject to ratification by the States due to the constitutional mandate under Article 368(2).

Unified Electoral Roll System:-

• The establishment of a single voter list for all elections is an important recommendation under the proposed Article 325(2).
• This unified roll, prepared by the ECI in consultation with the State Election Commissions, will replace all the existing rolls, ensuring a consolidated and streamlined voter registration process across the country.

Constitutional Amendment Required for Simultaneous Elections:

• The term of the state legislative assemblies can be curtailed and extended accordingly to coordinate the term of the state legislative assemblies with that of the Lok Sabha.
• This will require a constitutional amendment as Article 83 states that the Lok Sabha shall have a term of five years from the date of its first meeting.
• Article 85: It empowers the President to dissolve the Lok Sabha.
• Article 172: It states that the term of the Legislative Assembly shall be five years from the date of its first meeting.
• Article 174: It empowers the Governor of the State to dissolve the Legislative Assembly.
• Article 356: It empowers the central government to impose President’s rule for failure of constitutional machinery in a state.

Arguments in favor of One Nation, One Election:

Reduction in election expenditure:

• According to the Election Commission’s estimate in 2024, holding separate elections each year results in an expenditure of over ₹60,000 crore.
  • If elections are held simultaneously, the cost can be reduced by ₹20,000-25,000 crore, allowing the government to allocate the saved funds to other development activities.

The solution to the disruption of the Model Code of Conduct:

• Frequent elections lead to the imposition of a Model Code of Conduct, which prevents the announcement of new policies by the government.
  • As per 2024 data, the Model Code of Conduct remained in effect for about 9 months, delaying several development initiatives.
  • Simultaneous elections will reduce the time for enforcement of the code of conduct, thereby minimising disruptions in governance and development work.

Efficient use of manpower:

• During elections, over 20 million government employees, including security personnel, teachers, and administrative staff, are deployed for election duty.
  • Simultaneous elections will free up this manpower for governance and other important tasks.

Focus on governance:

• Frequent elections keep governments in election mode, making it difficult to focus on governance and policymaking.
• Example: In 2024, many state governments were busy preparing for elections, resulting in a loss of focus on policy decisions.

Increase administrative efficiency

• Political officials and government officers will not be regularly involved in election duties and will prioritize regular administration.

Curb ‘horse-trading’

• Fixed-interval elections are likely to reduce horse-trading by elected representatives.
• ONOE will make it more challenging for representatives to switch parties for personal gain, complementing existing anti-defection laws.

Opposition arguments for One Nation, One Election:

Coordination challenges between states and the Centre:

• As per 2024 data, elections in 28 states and 8 union territories are held at different times, making it a challenge to coordinate them to hold simultaneous elections.
  • Each state has its political dynamics, making coordination difficult.

Impact on regional parties:

• Regional parties tend to focus on local issues, while national elections emphasize broader national concerns.
• Simultaneous elections may reduce the influence of regional parties, benefiting national parties.
  • Example: In the 2024 elections, regional parties in states like West Bengal focused on local issues, while national parties highlighted the national agenda, potentially weakening the regional narrative.

Constitutional and political challenges:

• Articles 83(2) and 172(1) of the Constitution specify a five-year term for the Lok Sabha and state assemblies.
• If the government in a state falls prematurely, a mid-term election would be required, potentially derailing plans for synchronized elections.
  • The Kovind Committee 2024 report emphasizes that without constitutional amendments, it would not be possible to implement One Nation, One Election.

Benefits of One Nation, One Election

Paper by NK Singh and Prachi Mishra Recommendations:

• The draft paper by NK Singh and Prachi Mishra, “Macroeconomic Impact of Harmonising Electoral Cycles”, presents a comprehensive analysis of how the concept of “One Nation, One Election” (ONOE) could impact India’s macroeconomic landscape.
• This paper, presented to the High-Level Committee (HLC) headed by former President Ram Nath Kovind, highlights the multifaceted benefits of synchronizing electoral cycles in India.

Reduce election expenditure:-

• Holding separate elections for the Lok Sabha and state assemblies incurs huge costs.
• The Election Commission of India reported that the 2019 general elections cost around Rs 8,000 crore (about US$1.1 billion).
• Holding simultaneous elections can reduce these expenses to a great extent by streamlining the electoral process.

Will help reduce policy uncertainty:-

• Policy uncertainty can deter investment.
• Research by Baker, Bloom, and Davis (2016) on the Economic Policy Uncertainty Index shows that increased policy uncertainty is associated with lower investment and growth.
• ONOE aims to introduce a predictable electoral and policy framework while encouraging both domestic and foreign investment.
  •  MCC The Model Code of Conduct (MCC) in 2024 remained in force in various states for about 9 months, affecting the implementation of policies in sectors such as infrastructure and public services.

Will help reduce fiscal deficit:-

• It can contribute to reducing fiscal deficit by reducing recurrent expenditure on elections.
  • According to 2024 data, holding simultaneous elections can reduce election expenditure by more than 30%.
  • Currently, the government spends around ₹10,000 crore on each Lok Sabha election.

Impact on GDP and investment

Will help GDP growth:-

• Stable economies experience higher GDP growth rates, according to World Bank data.
• By reducing election-induced economic disruptions, ONOE can potentially boost India’s GDP.
  •  The World Bank’s 2024 Ease of Doing Business report stated that stable policies can help boost investor confidence, leading to 0.5% annual GDP growth.

Investor confidence:-

• Assurance of stability and continuity in policy can make India an attractive destination for long-term investment, thereby boosting economic growth.
• A study by Aisen and Veiga (2013) found that political instability significantly impacts growth by lowering the rate of productivity.
  • In 2024, sectors such as infrastructure and manufacturing witnessed a slowdown due to policy uncertainty caused by frequent elections. ONOE will provide a stable policy framework for 5 years.

Will help in better governance and administrative efficiency:-

• Frequent elections tend to shift the focus of political leaders and government machinery from governance to election campaigning.
  • A study by the Public Affairs Centre, Bangalore shows that administrative focus shifts significantly towards election preparations and management during election years, thereby affecting public service delivery.
• ONOE can allow for more centralized governance, with administrative resources being used more efficiently during most election cycles.

Will help increase voter participation:-

• Voter fatigue is a real phenomenon, with frequent election areas seeing a drop in turnout.
• Election Commission data shows different voter turnout percentages across states, often influenced by the proximity of elections.
• By simultaneously conducting elections, ONOE can potentially increase voter participation by making the electoral process more accessible and less cumbersome for voters.
  • Example: The Karnataka Assembly election in 2024 had a voter turnout percentage of 72%, while the national average in the 2019 Lok Sabha election was 67.1%. Such imbalances can be reduced by unified elections.

Will help strengthen national security:-

• Frequent election cycles require the deployment of security forces across the country, leading to a drain on resources for national and state security.
• The integrated election cycle under ONOE can ensure optimal utilization of security personnel, thereby enhancing the overall security situation of the country during the election period.

Environmental benefits:-

• The environmental impact of elections, from the production and disposal of campaign materials to the carbon footprint of campaign rallies, is significant.
• Integrated elections can reduce the environmental impact associated with the electoral process.
  • According to a 2024 Centre for Science and Environment (CSE) report, carbon emissions generated by election campaigns could be reduced by 30% if elections were held simultaneously every five years.
• Challenges and criticisms of “One Nation, One Election”

Accountability:-

• Critics argue that simultaneous elections could reduce the accountability of legislators to their voters.
• The continuous electoral cycle in the current system ensures that political parties and elected officials are regularly evaluated by voters at the state or national level.
  • Merging these cycles could potentially increase the period between such evaluations, affecting responses to local issues.

Local versus National Issues:-

• There is a concern that simultaneous elections may allow national issues and party politics to dominate matters of local governance.
• This may lead to a scenario where the specific needs and concerns of states or local bodies will not receive the attention they deserve.
  • A study by the Association for Democratic Reforms (ADR) highlights that voters’ priorities differ significantly between national and state elections, underscoring the need for staggered electoral cycles to effectively address these differing priorities.

Democratic Engagement:-

• Simultaneous elections may potentially reduce the frequency of democratic engagement by limiting opportunities for citizens to interact with the electoral process.
  • Frequent elections, despite their challenges, keep voters engaged and ensure a continuous process of political renewal and accountability.
  • If elections are held once every five years, voter engagement may be low, leading to a decline in political dialogue and activism.

Practical Challenges:-

•  Implementing ONOE poses significant logistical and administrative challenges, ranging from aligning the various electoral cycles of the states and the Centre to ensuring the readiness of the Election Commission of India to manage such a massive undertaking.
• The logistical feasibility of holding simultaneous elections across India’s vast and diverse landscape remains a question.
  • The terms of many of the country’s 31 legislatures end at different times, making holding simultaneous elections a challenge.

Legal Framework and Challenges

Constitutional Provisions:-

• Implementing ONOE will require amendments to several constitutional provisions that govern the tenure of legislative bodies and the conditions under which they can be dissolved.
• In particular, amendments will be required to Article 83, which deals with the term of the Houses of Parliament, and Articles 172, 174, and 85, dealing with the term and dissolution of sessions of state legislatures and Parliament.

Legal Amendments:-

• Apart from amendment to the Constitution, the legal framework governing electoral processes, including the Representation of the People Act, 1951, will also require amendment to accommodate the logical realities of the ONOE.

Analysis of legal amendments required to implement ONOE

Judicial Review:-

• Any attempt to amend the Constitution to facilitate ONOE would likely be subject to judicial review to ensure that the changes do not violate the basic structure of the Constitution.
  • The Supreme Court of India, in previous judgments (Keshavananda Bharati v. State of Kerala 1973), has established that certain features of the Constitution, including federalism and democracy, are part of the basic structure and cannot be altered by amendments.

Legal Challenges:-

• The legal amendments required for ONOE go beyond mere procedural changes, touching fundamental aspects of India’s democratic and federal structure.
• Legal scholars and constitutional experts highlight the complexities involved in such an undertaking, including the need to balance the autonomy of state legislatures with the desire for electoral synchronicity.

Role of the Supreme Court in Election Laws

• The Supreme Court of India has played a key role in shaping the country’s electoral landscape through its interpretations and judgments on election laws.
• The apex court’s judgments have often addressed complex issues of electoral practices, ensuring that they conform with the constitutional mandate and democratic principles.

Overview of Previous Judgments Related to Election Laws

Landmark Judgments

People’s Union for Civil Liberties (PUCL) vs Union of India (2003):-

• This landmark judgment of the Supreme Court made it mandatory for candidates contesting elections to disclose criminal antecedents, assets, and educational qualifications.
• It underlined the right to information as an aspect of Article 19(1)A of the Constitution to enhance transparency in the electoral process.

Association for Democratic Reforms (ADR ) vs Union of India (2002):-

• The Supreme Court directed the Election Commission to ask candidates to submit details of their family members as well as their financial assets and liabilities.
• The purpose of this decision was to give voters information about the financial background of the candidates.

Kihoto Holohan vs Zachillhu and Others (1992):-

• This decision dealt with the issue of defection and anti-defection law.
• The Court upheld the validity of the Tenth Schedule of the Constitution, which was introduced by the 52nd Amendment Act of 1985 to deal with the evil of political defection. Potential Legal Challenges and Possible Supreme Court Interpretations

Challenges to “One Nation, One Election”

Constitutional Amendments:-

• Implementing “One Nation, One Election” (ONEO) would require significant amendments to the Constitution, particularly in sections relating to the terms of Parliament and state legislatures.
• Any such amendment could be challenged in the Supreme Court because it alters the basic structure of the Constitution, a concept that was upheld in the landmark Kesavananda Bharati case (1973).

Federalism and Autonomy of States:-

• ONOE could be challenged because it violates the principle of federalism by potentially reducing the autonomy of state governments to decide on election dates.
• The Court’s interpretation of these challenges will depend on balancing the need for equitable electoral cycles with the constitutional principle of federalism.

Possible Interpretations of the Supreme Court

Balancing efficiency with democracy:-

• When evaluating legal challenges to the ONOE, the Supreme Court may consider whether the proposed changes enhance administrative efficiency and electoral integrity without compromising democratic principles and electoral fairness.

Right to Information vs. Electoral Reforms:-

• The Court may also consider the implications of the ONOE on voters’ right to information.
• This includes assessing whether the integrated electoral process will enable or hinder voters’ ability to make informed choices.

Jurisprudence on Electoral Reforms:-

• The Supreme Court’s past judgments highlight its proactive stance on electoral reforms aimed at enhancing transparency, accountability, and fairness.
• When considering the ONOE, the Court is likely to draw inspiration from this jurisprudence, potentially setting new legal standards for electoral practices in India.

National and state-level reactions:-

The Tamil Nadu assembly passed a resolution opposing the ONOE, expressing concern that it undermines the principles of democracy and ignores the constitutional framework.

This opposition reflects broader apprehensions about how the ONOE might affect regional autonomy and focus on local issues.

Views from other states and political entities

Varying reactions:-

• Other states and political parties have expressed mixed reactions.
• Some support the idea because it has the potential to reduce election-related expenses and governance disruptions, while others fear it might centralize power and undermine state-specific concerns.

Implementation and Strategies

Phased Approach:-

• Experts suggest implementing ONOE in a phased manner, possibly beginning with coordination with Lok Sabha elections in some states.
• This gradual approach may help address logistical challenges and allow adjustments based on initial results.

Comparative Analysis

International Examples:-

• South Africa: Elections to the national and provincial legislatures are held simultaneously for five years, and municipal elections are held two years later.
• Sweden: Elections to the national legislature, provincial legislature, and local bodies are held on a fixed date, i.e., the second Sunday of September every fourth year.
• UK: The Fixed-term Parliaments Act, 2011 was passed in the UK to provide a sense of stability and predictability to the British Parliament and its tenure.
• It provided that the first election would be held on 7 May 2015 and every fifth year thereafter on the first Thursday of May.
• Canada: There is no restriction on dissolving legislatures before a certain date; all provinces have their calendar, and the federal parliament has its calendar.
• Germany: Overcoming a history of parliamentary instability before World War II, Germany’s Fundamental Law does not permit a motion of no confidence without naming a successor.
• These examples indicate that, while challenging, ONOE is feasible and can lead to efficient electoral processes if implemented well.
• Political Parties: Varied Opinions
• Political parties across India have varying stances on ONOE.
• The ruling party at the Centre advocates it as a means of streamlining governance, while many opposition parties express concerns about the potential effects on democracy and federalism.

Civil society and academia

Academic insights:-

• Economists and political scientists emphasize the need to carefully consider the implications of ONOE for democratic engagement and economic stability.
• They advocate comprehensive studies to fully understand the potential benefits and drawbacks.

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Q. Which of the following benefits can be derived from One Nation, One Election?

1. Will help in reducing policy uncertainty

2. Will help in reducing fiscal deficit

3. Will help in GDP growth

4. Will help in better administration and increasing administrative efficiency

5. Will help in increasing voter participation

6. Will help in strengthening national security

Select the correct answer using the code given below:

A. 1, 2 and 5 only

B. 1, 3, 4 and 5 only

C. 2, 3 and 6 only

D. 1, 2, 3, 4, 5 and 6

 

 

Source – Indian Express