Author: Snehal Rajaram Shinde, Gopaldas Jhamatmal Advani Law College, Bandra
To The Point
A committee headed by former President Ram Nath Kovind was formed to examine the feasibility of conducting simultaneous elections in India. The concept of ‘One Nation, One Election’ involves holding elections for both the Lok Sabha and State Legislative Assemblies at the same time. Although the concept of simultaneous elections has various advantages like reduction in financial expenditure occurred in election, requirement of security forces only once, regular and long-term policy formulation by political parties. But it also faces issues like reducing the importance of political parties, federalism and issues such as no confidence motion and hung assembly. International countries such as United States, Belgium, Sweden and Germany can be studied to identify the issues and relate them with India. Also, various judicial decisions including various cases relating to simultaneous elections can be studied to solve the problems and develop an opinion.
Abstract
Recently, the Constitution (129th Amendment) Bill and The Union Territories Laws (Amendment) Bill, which introduced to give effect to simultaneous elections is referred to the Joint Parliamentary Committee. This article involves the meaning of One Nation One Election. It also deals with the history associated with the concept of simultaneous elections. It also mentions about the need and issues relating to simultaneous elections. It also includes the international perspective and deals with the judicial cases involving simultaneous elections.
Meaning
In India, there are three-tiers in constitutional institutions- House of People (The Lok Sabha), State Assembly (Vidhan Sabha) and the Local Bodies. The elections of Lok Sabha and Vidhan Sabha are conducted by Election Commission of India, whereas the elections of Local Bodies are conducted by the State Election Commission. Currently, the elections of every constituency is held separately. Simultaneous election or one nation one election refers to conduction of simultaneous elections of all the three tiers of the constitution. However, it does not imply that the elections of all the three tiers should take place on the same day, but the voters in a particular constituency would vote for Lok Sabha and Vidhan Sabha on the same day.
History
After the Constitution was adopted in 1950, during the period of 1951-52, 1957, 1962 and 1967, the elections in India were conducted simultaneously. However, in 1968 and 1969, the practice of simultaneous elections was discontinued due to dissolution of some state assemblies. Later, the dissolution of Lok Sabha in 1971, further discontinued the simultaneous election.
Simultaneous elections was suggested for the first time by the Election Commission of India in 1983. Later, in 1999 the former Prime Minister, Attal Bihari Vajpayee supported this concept. In 2017, NITI Ayog published a report and a roadmap for the conduction of simultaneous elections. In 2018, the Law Commission also published a report on simultaneous elections mapping its boons and banes. Also, Prime Minister Narendra Modi, highlighted the importance of simultaneous elections in 2019’s Independence Day speech. Currently, a committee chaired by former President Ram Nath Kovind has been constituted by the Central Government, to examine the challenges and concerns of simultaneous elections to the democratic setup of the country.
Need
The current scenario is that, at-least one part of the country is under the continuous cycle of elections and election mode every year. For example, Delhi witnessed two assembly elections and one general election between 2013 and 2015. Between, 2014 and 2016, the country witnessed one general election and 15 state assembly elections.
1.Massive Financial Expenditure-
There is a massive expenditure experienced by the government, political parties as well as the voters. According to the report of the Election Commission of India, the expenses have occurred in setting-up of polling stations, polling booths and counting centers. Also, transportation arrangement, appointing of the staff, temporary telephone facilities, electrical fittings, election material like the ammonia paper, ink, contribute to the massive expenses. According to the report of the Election Commission of India, the cost incurred during the 2014 elections was Rs 3,586,2707609. In the case of Delhi and Haryana the expenditure of elections surpassed the election amount of the House of People elections.
2.Appointment of Security Staff-
For the conduction of peaceful elections there is need for security staff like the Central Armed Police Forces (CRPF), State Armed Police, Home Guard etc. Due to continuous election cycle taking place, their demand is more than the supply. This created hinderance in their obligations towards their duties, and engaging them in election duty creates a void in the areas where their services are urgently required. In the election of 16th Lok Sabha the ECI deployed 1349 companies of CRPF.
3.Obstruction in implementation of government policies-
During the period of elections, the policy decisions which are to be taken by the Central or State government are put on hold since they may influence the voters and their voting pattern. The government may deter from imposing schemes of vital importance.
4.Hampering Governance-
Due to continuous election cycle taking place, the political parties hesitate to take long-term policy decisions and prefer short-term policies to influence the voters. This hampers the governance setup.
Challenges-
1.Logistical Issues-
Same EVM machines are used in different state elections. If simultaneous elections are conducted, then there will be more requirement of EVM machines. Which will also cause storage issue. The election commission of India also stated that there is issue of storage of EVM in the warehouses and the government has been forced to store the EVM machines in private warehouses. Also, the Voter Verified Paper Audit Trial (VVPATs) will also double as the ECI will be required to provide two sets, (one for Lok Sabha and other for State Legislative Assembly).
2.Ignorance to regional issues-
If simultaneous elections are conducted, then Lok Sabha and State Legislative Assembly will be conducted at the same time, this will lead to ignorance of religion issues, since national elections tend to focus on issues like economy, international policy and national security. It may also lead to ignorance of issues of a particular community or weaker sections. The simultaneous elections will create importance to national parties rather than the regional parties.
3.Democracy- Doctrine of Basic Structure-
The term “basic structure of the constitution” was used for the first time in the landmark case of Kesavanand Bharti & Ors vs State of Kerala & Anr, AIR 1973 SC 1461. Federalism refers to division of power. Dravida Munnetra Kazahagam (DMK) delegate, Shri Tiruchi N Siva, (MP Rajya Sabha), Propoganda Secretary, opposed simultaneous election, stating that it affects the federal nature of the constitution. They criticized that the basic structure of the constitution cannot be amended and also stated that countries where simultaneous elections are held have their population less than Tamil Nadu State. Also, the conduction of simultaneous elections will confuse the voters since they will have to vote for both Lok Sabha and State Legislative Assemble at the same time. It will lead to disruption in free and fair elections, which is basic structure of the constitution.
Judicial Perspective-
In the case of, Kihoto Hollohan vs Zachilhu, AIR 1993 SC 412, the Supreme Court stated its view on election and democracy in the following words, “Democracy is part of basic structure of the constitution; and the rule of law and free and fair election are basic structure of the democracy. One of the postulate of free and fair election is provision for resolution of election disputes as also adjudication of disputes relating to subsequent disqualifications by an independent authority…”.
In the case of Kuldip Nayar vs Union of India and Ors, AIR 2006 SC3127, the Supreme Court while dealing with the question of political party stated that, “parliamentary democracy and multi-party system are an inherent part of basic structure of Indian Constitution. It is political parties that set-up candidates at an election who are pre dominantly elected as members of the state legislature.
Further in the landmark case of Kesavanand Bharti & Ors vs State of Kerala & Anr, AIR 1973 SC 1461, the court observed that, “a Parliamentary Democracy like ours functions on the basis of party system. The mechanics of operation of party system as well as the system of Cabinet Government are such that the people as a whole can have little control in the matter of detailed law-making”.
From the above cases it can be noted that political parties are an inherent part of our democratic system. Also, the will of the people is of paramount interest and provides authority of the Government.
International perspective
1.United States- Under Article II of the United Nations Constitution, it is stated that the election of the President will occur on the same day throughout the nation. However, the Presidential and Congressional Elections, take place on same day after every four years, with intermediate congressional elections which take place after every two years, called as mid-term elections.
2.Sweden- In Sweden the election of Country Council and Municipal Council take place along with general elections after every four years alongside the Riksdag elections. The Municipal Assembly elections occur every five years on the second Sunday of September.
3.Belgium- In Belgium the citizens participate in five types of elections. Federal Parliament Elections are conducted every five years, which align with the timing of European elections.
Amendments
The high level committee have proposed amendment in three articles,
Article 82A (1) – After a general election, on the day the newly elected Lok Sabha holds its first session, the President will issue a notification to activate Article 82A. This date will be called as the “Appointed Date.”
Article 82A (2) – Any Legislative Assembly elected in a general election held after the Appointed Date will complete its full term alongside the Lok Sabha.
Amendments to Articles 83 and 172 – If there is a hung assembly, defection, or a no-confidence motion, fresh elections will be held, but only for the remaining duration of the original five-year term. This helps maintain the synchronization of elections across states and the Centre.
New Article 324A – This article proposes holding simultaneous elections for local bodies like municipalities and panchayats along with general elections, promoting uniformity across all levels of government.
Conclusion
The Constitution of India is a living document and is prone to continuous changes. Simultaneous elections can be taken into consideration to stop the country from the continuous election cycle. There is also feasibility of restore the simultaneous elections by solving the problems of logistical issues, financial implications and effect on constitution. The right vote or contest elections are statutory / constitutional rights and in no manner could be fundamental rights. Also, the political parties should participate in the debate of simultaneous elections and poll of the public should be taken into consideration. Since according to the constitution, the supreme power is with the people of India.
FAQS
1.What is meaning of One Nation One Election?
Simultaneous election or one nation one election refers to conduction of simultaneous elections of all the three tiers of the constitution. However, it does not imply that the elections of all the three tiers should take place on the same day, but the voters in a particular constituency would vote for Lok Sabha and State Assembly on the same day.
2.Why is there need for simultaneous election?
The following are needs for simultaneous elections such as Massive financial expenditure, Appointment of security staff is required regularly for every election, Obstruction in implementation of government policies, Hampering governance.
3.What are the challenges in implementing simultaneous election?
There are various challenges such as- Logistical Issues, Ignorance to regional issues, Democracy- Doctrine of Basic Structure.
4.Which countries have simultaneous elections?
Countries such as United States, Belgium, Sweden and Germany conduct simultaneous elections.
5.What are the constitutional amendments which have been proposed for simultaneous election implementation?
Article 82A (1), Article 82A (2), Article 83, Article 172 and Article 324A.
