One Nation One Election High Level Committee Report

Source: Indian Express
GS II: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these

Overview

1. News in Brief
2. One Nation One Election High Level Committee Report
3. One Nation One Election
4. Amendments and changes required for implementation

Why in the News?

One Nation One Election Committee Says Over 80% Citizens Support Idea of Holding Simultaneous Polls

News in Brief

• Out of 21,558 public responses received by the high-level committee on One Nation One Election, more than 80 per cent (17,342) support the idea of holding simultaneous polls in India.
• Only 4,216 responses opposed the idea.
• These responses were received by email, website and by post.
• Suggestions continued to be received and accepted beyond the deadline, highlighting the commitment of the committee to the principles of inclusive and interactive engagement.

Also Read: One Nation One Election

One Nation One Election High Level Committee Report

• One Nation, One Election, headed by former President Ram Nath Kovind
• Key changes in the legal framework recommended
  • A total of 15 Constitution Amendments which include changes in three provisions and new insertions in 12 provisions.
  • Amendments to three statutes that govern Delhi, Jammu and Kashmir, and all other Union Territories.
  • Presidential notification of an appointed date to tie all elections.
• According to the report, the framework for simultaneous polls could be kicked off as early as June this year.
• Constitutional Amendment Ratification
  • Amendments in Article 324A Constitutional amendments that would sync Assembly elections with Lok Sabha elections the panel has recommended that state ratification is unnecessary.
  • Ratification by states will be required for constitutional amendments for the preparation of a common electoral roll, and syncing municipal and panchayat elections with the general (simultaneous Lok Sabha and Assembly) elections.
• Municipal and Panchayat elections should be held within 100 days of Lok Sabha and State elections.
• Judicial Review
  • The question of ratification can also be judicially reviewed.
  • Kihoto Hollohan v Zachillhu (February 18, 1992): The Supreme Court struck down a part of the law dealing with the disqualification of lawmakers on the ground that it was not ratified by the states.
• Considering the early dissolution
  • Lok Sabha: Fresh elections should be held for the remaining term of the previous Lok Sabha.
  • States Legislative: Fresh elections should be held, continuing until the end of the full term of Lok Sabha.
• Power of Parliament
  • The Constitution mainly entrusts Parliament, not states, with the power to conduct Assembly elections.
  • States have only residual powers to conduct Assembly elections Under Article 328.
  • Article 327: Power of Parliament to make provision with respect to elections to legislature.
  • Article 329: Bar to interference by courts in electoral matters.

One Nation, One Election

What is One Nation One Election?

• One Nation One Election proposes that simultaneous elections be held in all states and the Lok Sabha in a gap of five years.
• This will involve the restructuring of the Indian election cycle in a manner that elections to the states and the centre synchronise.
• This would mean that the voters will cast their vote for electing members of the LS and the state assemblies on a single day, at the same time (or in a phased manner as the case may be).

Simultaneous Elections In India

• Simultaneous polls to states and Lok Sabha are not a newly conceived norm.
• In fact, simultaneous elections have previously been conducted in India in 1952, 1957, 1962 and 1967.
• Soon after, this norm was discontinued following the dissolution of some Legislative Assemblies between 1968 -69.
• Since then, the Indian Electoral system has held polls to the Centre and states separately.

Advantages of One Nation One Election

• Reduced Electoral Expenditure: Synchronizing elections could potentially reduce the overall cost of conducting elections, as many resources are spent on security, logistics, and campaigning during elections. Fewer elections would mean cost savings.
• Continuous Governance: With synchronized elections, the focus would be on governance for a longer duration rather than on election campaigns. This could lead to more stability and uninterrupted development.
• Reduced Disruption: Frequent elections can disrupt normal life and governance, as politicians and officials are often diverted from their regular duties to participate in election-related activities.
• Voter Fatigue: Frequent elections may lead to voter fatigue and reduced voter turnout. Synchronizing elections might encourage more people to participate.
• Streamlined Administration: Conducting elections simultaneously could streamline the administrative process, as many states and the central government share common resources and personnel for elections.

Challenges and Concerns

• Constitutional and Legal Issues: Implementing ONOE would require significant constitutional changes and legal amendments, as the terms of state legislatures are not uniform. Overcoming these legal hurdles is a major challenge.
• Political Opposition: Some political parties have expressed concerns that ONOE might favour national parties over regional ones, as simultaneous elections could lead to a more presidential-style campaign, which may not be advantageous for smaller parties.
• Logistical Challenges: Coordinating elections across the country, especially in a diverse and populous nation like India, poses logistical challenges, including the availability of security forces and resources.
• Complexity of Election Issues: Combining state and national issues in a single election could make it difficult for voters to make informed choices. State and national issues often require different considerations.
• Loss of Accountability: Critics argue that holding elections at different times allows voters to hold their elected representatives more accountable at various levels of government. Synchronizing elections might reduce this accountability.
• Political Motivations: Some critics suggest that ONOE could be used for political purposes, with the ruling party attempting to capitalize on national sentiment to secure more seats at both the state and national levels.
• Receive ratification from at least 50% of the States which may not be an easy peasy task.

Amendments and changes required for implementation

• Article 172 and Article 83 deal with the duration of the Houses of Parliament, and guarantee a five-year term to both the elected Lok Sabha and state assemblies, unless they are dissolved sooner.
• Article 85 of the Indian Constitution deals with the powers of the President to summon Parliamentary sessions, not exceeding a gap of more than six months.
• Article 356 of the Indian Constitution, comes into action in case of governance and constitutional failure in a state and deals with the President’ Rule.
• Law Commission headed by Justice B. S. Chauhan reported the simultaneous elections are not feasible within the existing framework of the Constitution.
  • Amendments in the People’s Representation Act, 1951(RPA Act 1951) made for organised conduct and stability in both Lok Sabha and state assemblies.

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