ONE NATION ONE ELECTION : THE DOWNFALL OF INDIAN DEMOCRACY

Author: Akshaya Singh, NBT Law College, Nasik
        
      AUTHOR : AKSHAYA SINGH, NBT LAW COLLEGE, NASHIK

SHORT SUMMARY

In a country like India, that contains vast diversity and large population the system of election plays a vital role. Despite of fairness and transparency over 400 elections since Independence, India has been witnessing occasional debate about reinitiating the idea of One Nation One Election, is nothing but synchronization of Lok Sabha and State Assembly elections to improve the election system in India. Such a move can lead progress, but may also give rise to new risks. Will this synchronization pose a threat to the democracy and violates the Basic Structure?. The core purpose of this article is to open up the critical side of this vision, and give a clear idea about why One Nation One Election is a threat to the nation.

     ABSTRACT

The Idea of One Nation One Election deals with the synchronization or simultaneous election of Lok Sabha and State Assembly with the aim to curtail the budget of election, human power, armed force, time consumption, enforce MCC (Model Code of Conduct) for long period, and focus more on governance and pave way to encourage more voters to participate in the electoral process in both election in one go. According to the 2024 High-Level Committee Report, headed by former President Ram Nath Govind, it provides In-depth implementation of this vision. But the system of conducting simultaneous election may also lead to various disadvantages. This article deals with critical impact of this vision, which the nation might encounter due to the implementation of this system.

CONS OF ONE NATION ONE ELECTION

The major view point of this report is frequent elections causes disruption to the governance and burdens various stakeholders including businesses, workers, civil workers etc and also frequent election increases the election expenses.  But the disadvantages of ONOE are;


AFFECTS THE STATE’S ELECTORAL INDEPENDENCE :
The synchronization of Lok Sabha and State Assembly elections will lead to centralization of electoral of process in the states of India. This affects the federal balance between the state and the union government, which leads the state to face issues in making decisions in the electoral process and time management in conducting state elections, which may force the state government to depend on union.
https://www.legalserviceindia.com/legal/article-18374-impact-of-one-nation-one-election-on-federalism-in-india.html?utm

REGIONAL ISSUES WILL BE OVERSHADOWED BY CENTRAL ISSUES :
The Seventh Schedule of the constitution gives the state the significant autonomy, because each state in India has its own unique social realities, political, and economical problems. This structure will support the state government to deal with these local dynamics. So, during state elections the local or regional issues of the state will be prominently visible, which gives clear cut understanding to the voters.
By synchronizing the State and Union electoral polls the national issues will be prioritized and overshadow the local issues and also create confusion to the voters in understanding what to prioritize.
One Nation, One Election: Dismantling democratic diversity
(PDF) ONE NATION ONE ELECTION: A COMPARATIVE ANALYSIS FROM VOTER BEHAVIOR TO POLITICAL POLARIZATION

NATIONAL PARTIES SUPPRESSION ON REGIONAL PARTIES :
The synchronization of Lok Sabha and Vidhan Sabha elections may create hardships to the regional parties to compete with national parties. The national parties like BJP and Congress have great access for advertising their agendas and immense financial support. This could lead the regional parties to encounter dominance over them.
According to the IDFC (Infrastructure Development Finance Company) study analysis in 2015, simultaneous election happened in 1999, 2004, 2009, and 2014 proved that there is 77% of chance in voting the same party in both election.





Notable Example:
In 2014, Andhra Pradesh election.
The Telugu Desam Party (TDP) won both the majority of Lok Sabha and Vidhan Sabha election. And the same pattern replicated in 2019, Yuvajana Sramika Ryuthu Congress Party (YSRCP) won both Lok Sabha and Vidhan Sabha election.

2019 Andhra Pradesh Legislative Assembly Election Result
YSRCP – 151 out of 175 Seats
TDP – 23
Indian National Congress and BJP – No Seats

2019 Andhra Pradesh Lok Sabha Election Result
YSRCP – 22 out of 25 Seats
TDP – 3
Indian National Congress and BJP – No Seats

One nation, one election: why federalism is at risk
One Nation, One Election: An Appraisal – Opinion News | The Financial Express
Simultaneous polls past and present: What the numbers tell us | Political Pulse News – The Indian Express
Andhra Pradesh election results 2019: YSR Congress wins 151 Assembly, 22 Lok Sabha seats | Zee Business

Voters Power to Express Dissatisfaction will be Affected :
A major drawback of ONOE is, this system might impact the people’s ability to express their dissatisfaction on the government. When both State and Central elections held together, the voters are forced to choose without knowing their administrative performance. But, under the current system, frequent election paves way for the people to show their dissatisfaction on the government based on their performance.
Voters may also lose the opportunity for direct communication with the representators in simultaneous election, because when two major elections of India the Lok Sabha and the Vidhan Sabha, happens together

only once in 5 years, the campaigns and meeting with the commoners will be limited, so the probability for direct communication will be curtailed.
But Non-Simultaneous Elections sets the stage for commoners for direct interaction with representators due to frequent campaigns and also opens the door to express dissatisfaction in the upcoming election.  

Notable Example:
In 2014, BJP won 282 of 543 Lok Sabha seats, which is a massive win for BJP. But just 8 months later after general election.
In 2015, in Delhi Assembly Election BJP faced a massive lose, and Aam Aadmi Party (AAP) secured 67 seats out of 70 seats in the Delhi Assembly Election.

Anti-corruption party sweeps Delhi elections in blow for Narendra Modi | India | The Guardian
From 2014-2024 – 282, 303, 240: Charting shift in BJP’s tally | Latest News India – Hindustan Times
(PDF) One Nation, One Election: An Analysis of the Pros and Cons of Implementing Simultaneous Elections in India

INFREQUENT ELECTIONS LIMITS CHANCES TO HOLD ACCOUNTABILITY:
What happens in a democratic country like India, encounter the situation of not being able to hold accountability on the ruling government?.
When such circumstance occurs, it is the major downfall for the nation. One of the vital purposes of frequent election is to hold accountability of the government if their performance affects public welfare, but how ?. Currently, the Lok Sabha and Vidhan Sabha elections are happening independently, due to staggered elections, the ruling party will be bound to execute their regimes and there will be a constant pressure on them to maintain the public trust, if not they will face accountability in the next election.
But, when simultaneous election held the pressure to perform and reform will be limited. The opposition parties will also face difficulties in getting chances to highlight the failure of the ruling party.







NOTABLE EXAMPLE:
 
In 2021, Dravida Munnetra Kazhagam (DMK) massively won by securing 133 seats out of 159 seats in the State Assembly, after a decade. Meanwhile, All India Anna Dravida Munnetra Kazhagam (AIADMK), the party which ruled Tamil Nadu faced a massive downfall by securing 66 seats.
This shown the ability to hold accountability on the ruling government, when the government fails

Tamil Nadu Election Results 2021: DMK’s 37.7% vote share, second lowest since 1996, brings 133 seats | Chennai News – Times of India
(PDF) One Nation, One Election: An Analysis of the Pros and Cons of Implementing Simultaneous Elections in India

PROOF

The constitution of India ultimately make sure the balance of federal structure through various provisions, such as Article 246 and the Seventh schedule manages the checks and balances between the central and the state. In 1973, the Supreme Court declared a landmark judgement, which forbids the parliament to alter the basic structure in Kesavanandha Bharathi case. In order to implement One Nation One Election, a major modification will be required, according to the Law Commission Report 2018 it is mention in 8th chapter “Issues In Implementing Simultaneous Election” that article 83(2), 85(1), 172(1), 174(1), section 14 and 15 of the Representation of people’s, Act 1951 has to amended, this amendment can only be accomplished by achieving the majority in both Lok Sabha and State Assemblies.
As per the IDFC study in 2015, it says simultaneous election may lead the voters to vote the same party in both Lok Sabha and State Assembly and the chances are likely 77%, this study has proved in the Andhra Pradesh’s General and State election in 2019.
The consequences of One Nation One Election not only confuse the decision of voters and also violates the rights of state government.





CASE LAWS

Kesavananda Bharathi Vs State of Kerala, 1970

Kesavanandha Bharathi Sripadagalvaru challenged the Kerala Land Reforms Legislation in 1970, which imposed restriction on the management of religious property.  
The Supreme Court stated that, parliament has no power to amend the core of the constitution (basic structure), this led to the creation of Doctrine of Basic Structure, which make sure the protection of the essential features of the constitution.
Basic Structure Doctrine: Kesavananda Bharati Case

S.R. Bommai Vs Union of India, 1993

S.R. Bommai is the chief minister of Karnataka between the period of 1988 to 1989.

In 1989, S.R. Bommai’s ruling was dissolved under Article 356 by the central. The Supreme Court’s delivered the landmark judgement to ensure that the president rule is not misused by the central and the court ruled that the president’s satisfaction must be based on objected material and it cannot be arbitrary.
The court states that secularism a basic feature of the constitution.

S. R. Bommai v. Union of India Case 1994



USE OF LEGAL JARGONS

DOCTRINE OF BASIC STRUCTURE – It is a doctrine that introduced in Kesavananda Bharati v. State of Kerala (1973),to protect the core features of the constitution.

MODEL CODE OF CONDUCT – It is a guidelines issued by the Election Commission to regulate political parties and candidates during elections, ensuring free and fair elections.

IDFC – Infrastructure Development Finance Company works under the Govt of Finance to provide finance and advisory services

SEVENTH SCHEDULE – It divides the powers and subjects of union and state by creating 3 lists, which are State List, Union List and Concurrent List.

REPRESENTATION OF PEOPLE’S ACT, 1951 – This Act regulates the conduct of elections in India, including the process for notifying elections to the Lok Sabha (Section 14) and State Assemblies (Section 15).

ARTICLE 246 – Defines the legislative powers of Parliament and State Legislatures based on the Seventh Schedule’s three lists.

ARTICLE 83(2) –  The states that Lok Sabha will function for 5 years, unless it is dissolved

ARTICLE 85(1) – It gives power to the President to summon, prologue, or dissolve the Lok Sabha

ARTICLE 172(1) – It states that State Assembly will function for 5 years, unless it is dissolved

ARTICLE 174(1) – It gives power to the Governor to summon, prologue, or dissolve the Lok Sabha


CONCLUSION

Election is the core of democracy, it plays as a direct medium between the people and the government. India is  the well known example for the world as the best democratic governance, this name gained due to one of the major systems that works in our country, which is the frequent election system. The frequent election system empowers the people to question the government directly and convey their dissatisfaction and also hold accountability according to the performance of the government.
The decision of people fluctuates according to the circumstance and their priority, and frequent elections gives chance to the people to change their decision. But these opportunities are not given in the vision of One Nation One Election.
A country which paves way for the people to express their view on the government is considered as the true democracy.



FAQS

What is One Nation One Election ?
It is proposal by High-level committee, headed by Ram Nath Govind to hold synchronized elections of Lok Sabha and Vidhan Sabha

What are the constitutional changes are need ?
Article 83, 58, 172, 175 are explicitly mentioned in the Law Commission Report of 2018

What is the major threat caused by One Nation One ElectionAccording to the critics, due to simultaneous election may threat the federal balance, due to the influence of central in the state elections

How could it affect the voters behavior?
According to IDFC study there is a chance of 77% to vote the same party in both Lok Sabha and Vidhan Election.