26 July 2024 – The Hindu

Issues associated with One Nation One Election

• A ‘High Level Committee on One Nation, One Election,’ headed by former President Ramnath Kovind, was formed by the Union Government in September 2023. The Committee has consulted with state and national political parties as well as the general public and legal experts, and possible suggestions are expected. Concerns have been raised on how the idea might affect India’s federal system and democratic framework.

What is the One Nation-One Election (ONOE) Core Concept?

About:

• The notion describes a situation where, once every five years, all State elections would be held concurrently with the Lok Sabha general elections.
• The goal is to save time and money by streamlining the electoral process and holding fewer elections overall.

• Since the Election Commission initially proposed the proposal in 1983, it has existed. Nonetheless, concurrent elections were common in India up until 1967.
• In 1951–1952, the State Legislative Assemblies and the House of People (Lok Sabha) had concurrent general elections.
• This procedure was followed in the three General Elections that followed, which took place in 1957, 1962, and 1967.
• But the pattern was broken in 1968 and 1969 when certain Legislative Assemblies were prematurely dissolved.
• The Lok Sabha was also prematurely dissolved in 1970, and new elections were conducted in 1971. As a result, only the First, Second, and Third Lok Sabhas had complete five-year terms up until 1970.
• Concurrent Elections in Other Places:
• In South Africa, municipal elections take place two years after simultaneous five-year elections to the national and provincial legislatures.
• Every four years on a specified date, the second Sunday in September, elections are held in Sweden for the national legislature (Riksdag), provincial legislatures/county councils (Landsting), and local bodies/municipal assemblies (Kommunfullmaktige).
• In order to provide the British Parliament and its tenure a sense of stability and predictability, the Fixed-term Parliaments Act, 2011 was introduced in Britain.
• It said that the inaugural elections would take place on May 7, 2015, and that they would then take place on the first Thursday in May every five years.

What Advantages Do Simultaneous Elections or ONOE Offer?

Cutting Down on Governance Diversions:

• Frequent elections cause a virtual paralysis of governance at all levels by deflecting the focus of the entire nation from national leaders to local representatives.
• This obsession impedes efficient governance and harms India’s chances for progress.
• Impact of the Model Code of Conduct:
• Important policy decisions are postponed at the local and national levels by the Model Code of Conduct (MCC), which is enforced during election seasons.
• Routine administration is slowed down as election-related activities take precedence, even causing setbacks for ongoing projects.

Taking Political Corruption Head-on:

• Regular elections fuel political corruption because they require large sums of money to be raised.
• Political parties can significantly save their election costs by holding simultaneous elections, which also removes the need for recurrent fundraising.
• Additionally, it minimises the strain on the general public and corporate community to contribute to many elections.

Electoral infrastructure and cost reductions:

• The first Lok Sabha elections were held in 1951–1952, with 53 parties fielding candidates, around 1874 of them running, and poll costs of Rs. 11 crore.
• There were almost 9,000 candidates and 610 political parties in the 2019 elections; the Association of Democratic Reforms (ADR) estimates that the political parties have not yet disclosed their polling expenditures, which total about Rs. 60,000 crores.
• Using the same electoral rolls for all elections can save a significant amount of money and effort in updating and maintaining voter lists, even though initial infrastructure investments are necessary.

Convenience for Citizens:

• Elections held simultaneously allay residents’ worries about names being absent from voter rolls.
• Consistent electoral rolls for all elections simplify the procedure and offer voters a more dependable and uncomplicated voting experience.

Making the Most of Law Enforcement Resources:

• Large-scale police and paramilitary force redeployments during election seasons come at a high cost and take important law enforcement personnel away from vital tasks.
• Concurrent elections have the potential to reduce these deployments, maximising resources and improving law enforcement effectiveness.

Reduce the Horse-Trading:

• Elections with set intervals have the ability to lessen political insider trading by representatives.
• In addition to current anti-defection rules, holding elections at designated intervals makes it harder for representatives to switch parties or forge alliances for personal advantage.

The stability of state governments’ finances:

• State governments frequently strain their finances by offering freebies in an attempt to win over voters during election seasons.
• Elections held simultaneously might help to address this problem by lessening the financial strain on state governments and promoting more financial stability.

What Difficulties Are Associated with ONOE?

Constitutional Issues and the Decline of Mid-Term:

• The Constitution’s Article 83(2) and Article 172 provide that the Lok Sabha and State Assemblies have a five-year term, unless they are dissolved earlier.
• The idea of ONOE makes one wonder what would happen if the federal or state governments failed in the middle of their terms.
• The constitutional framework is complicated by the decision of whether to implement President’s Rule or hold elections in every State.

Logistical Difficulties in ONOE Implementation:

• Significant logistical obstacles to the deployment of ONOE include staffing levels, other resources, and the availability and security of electronic voting devices.
• The ONOE plan could become more complicated as a result of the EC’s potential inability to oversee such a significant electoral process.

Federalism Issues and the Report of the Law Commission:

• In contrast to the notion of India as a “Union of States” as stated in Article 1, ONOE conflicts with the idea of federalism.
• The independence and self-governance of state governments are under danger when there are simultaneous elections. This may exacerbate the conflict of interest between the federal government and the states in addition to undermining the federal system.
• State administrations have different terms, and Article 371 of the Constitution grants certain states special powers.
• According to a report by the Law Commission led by Justice B. S. Chauhan, concurrent elections are not possible under the current constitutional structure.
• It would be necessary to amend the Constitution, the Representation of the People Act of 1951, and the Lok Sabha and State Assemblies’ Rules of Procedure.

Election Recurrence and Democratic Advantages:

• In a democracy, it is thought that the current system of recurring elections is advantageous since it gives people more opportunities to voice their opinions.
• Greater accountability is ensured by this system, which prohibits the merging of problems between national and State votes.
• The current structure preserves the unique requirements and needs of every state.

Unfair Democratic Framework:

• When the Lok Sabha and Assembly elections are held at the same time, there is a 77% likelihood that the winning political party or alliance will emerge victorious in both contests, according to a 2015 analysis by the IDFC Institute.
• However, just 61% of voters select the same party if the elections are conducted six months apart.

Economic Aspects and Cost Implications:

• The EC and NITI Aayog have projected different expenses for simultaneous elections, however their estimates are not in line. Long-term savings from synchronisation may outweigh short-term costs associated with installing more Voter Verified Paper Audit Trails (VVPATs) and electronic voting machines (EVMs).
• Despite possible short-term cost increases, economic research indicates that election spending by parties and candidates ultimately helps the economy and government tax collections.

Legal Issues:

• As the S.R. points out, the Constitution might be broken by instituting a common election procedure. The Supreme Court stressed the States’ separate constitutional existence in the Bommai decision.

Bias in Language During Consultation:

• The website of the High-Level Committee reveals a consultation process that gives rise to concerns of prejudice, exclusion, and inequity.
• The website, which aims to serve as a platform for engagement and information exchange, is limited to Hindi and English, ignoring the richness of India’s 22 official languages.

Election Commission’s independence:

• Similar to the demonetisation process, in which the Reserve Bank of India was not notified, concerns have been expressed over the EC’s independence.
• The Election Commission’s independence to make choices about elections on its own is under jeopardy since it seems inactive in the High-Level Committee’s proceedings.

What could be the next step?

Creating Consensus:

• For simultaneous elections to be feasible, political parties and states must come to an understanding. To address concerns and gather support, this calls for candid discussions, consultations, and deliberations among a variety of stakeholders.

Amendments to the Constitution:

• It is essential to alter the Constitution, the Representation of the People Act of 1951, and the Rules of Procedure of the Lok Sabha and State Assemblies in order to facilitate simultaneous elections. This legislative framework ought to take into account the special needs associated with synchronised polling.

Matching Terms of Assembly with Lok Sabha:

• A proposed constitutional reform would synchronise Lok Sabha elections with assembly terms. A proposal to streamline the electoral process is to hold simultaneous elections for any assembly whose term expires within six months of the Lok Sabha elections.

Infrastructure Investment:

• Making significant investments in voting technology and infrastructure is necessary for the successful execution of simultaneous elections. As part of this, sufficient supplies of polling booths, EVMs, VVPAT machines, and security guards with training are guaranteed.

Legal Structure for Emergencies:

• In order to handle unforeseen circumstances such as hung parliaments, premature assembly dissolution, and no-confidence motions, a legal framework must be established. The goal of this system is to handle unanticipated events that may arise during the concurrent election cycle.

Voter education and awareness:

• It is essential to educate voters about the benefits and difficulties of holding elections at the same time. Programmes for voter education must make sure that the public is aware of the procedure so they can exercise their right to vote without difficulty or confusion.

• The formation of the “High Level Committee” indicates a serious discussion about timing India’s elections. A definitive deadline for the committee’s recommendations would alleviate some of the confusion around the suggestions, notwithstanding worries about possible effects on legal and constitutional principles. Legal issues, in particular the possible modification of the terms of State Legislatures, pose a constitutional risk. The constitutional role of the Indian Supreme Court is brought to the fore by the impending question of whether One Nation, One Election can be blocked.