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Akshat Pandey

COMREHENSIVE ANALYSIS ON “ONE NATION, ONE ELECTION

Written by: Akshat Pandey, 4th-semester  LL.B. , Allahabad State University

"One Nation, One Election: A Bold Step Towards Simplifying India's Electoral Landscape


India's democracy operates on multiple levels each with its own election cycle. These elections happen every five years but at different times. The government  now wants to sync them so, a panel led by the former President, Mr. Ram Nath  Kovind, proposed holding state and general elections together in its extensive  report. It also recommended local body elections within 100 days of state and  general elections and if a government loses its power, fresh polls would be held  but its tenure would last only until the next synchronized election under the  “Unified Electoral Reform " plan. 

The Union Cabinet after consultation has approved the Unified Electoral  System, a landmark move towards synchronizing electoral processes across  India. This proposal seeks to multiple constitutional amendments under the  Constitution (129th Amendment) Bill and the Union Territories Laws  (Amendment) Bill, 2024. 

The two bills are the legal scaffolding for what the government has grandly  branded "One Nation, One Election (ONOE)". To enable simultaneous elections  for the Lok Sabha and State Assemblies through the amendment in the articles  and the insertion of new articles i.e., article 82A and article 324A. 

Implementing ONOE also requires changes to the provisions around elections  contained in Part XV of the Constitution. The bills propose amendments to  Articles 83, 172 and 324 of the Constitution, establishing a mechanism  where voters would cast ballots for both the Lok Sabha and state assemblies  on the same day and at the same polling booth, along with the amendments  to Article 325, which governs electoral rolls.


The bill was introduced by Law Minister Mr. Arjun Ram Meghwal in the  parliament and this transformative initiative aims to implement the  simultaneous election model in two phases thereby potentially  revolutionizing India's electoral landscape. 


Tracing the Roots of a Vision for Unified Electoral  Reform 


India began its democratic journey with synchronized elections for the Lok  Sabha and all State Legislative Assemblies. The elections were successfully  conducted in 1957, 1962, and 1967, ensuring political and administrative  stability. But the cycle was disrupted due to the premature dissolution of some  State Assemblies in 1968-1969, notably in Haryana and Kerala and also in  1970; the Lok Sabha was dissolved before completing its term, leading to  separate election cycles for the Lok Sabha and various State Assemblies. 


However, efforts to revive the system have been debated for decades, with  proposals from the several think tanks, such like: 

∙ The “Election Commission” in its annual report (1983) had  recommended that a system should be evolved so that elections could  be held simultaneously. 

∙ The “Law Commission” in its 170th report in 1999 stated that we must  go back to the past where the elections to Lok Sabha and all the  Vidhan Sabha were held simultaneously. 

∙ Report of “National Commission to Review the Working of the  Constitution (NCRWC)”, 2002 recommended measures to improve the  integrity and efficiency of the electoral process and also ensuring that  the provisions to declare an emergency are not misused. 

∙ “Parliamentary Committee” 79th Report (2015) suggested methods for  simultaneous elections in two phases. 

∙ The “NITI Aayog” observed in its 2017 discussion paper that, “India is  perennially in election mode”. 

The drafted report of “Law Commission of India” in 2018 also  suggested Simultaneous Elections. 

Recently, the Government formed a high-level committee headed by former  President Ram Nath Kovind and other 8 members, proposed holding State 

and General elections together in its extensive 18,626 page report published March 14, 2024 and have laid a ground for ONOE by overcoming all the  odds. 


Why India Needs a Unified Electoral System for  Progress and Efficiency? 


The 'One Nation, One Election' concept seeks to minimize the divisive  influence of regionalism, casteism, and communalism in voter mobilization.  By prioritizing national issues and promoting a cohesive electoral agenda,  simultaneous elections can help move beyond narrow interests and  strengthen national unity. 


Elections mean a recurring halt to governance. The Model Code of Conduct,  a moral and procedural curb on government spending and announcements  during election periods, freezes policymaking for months in poll-bound  states. Economists suggest that this uninterrupted governance could boost  India’s GDP growth rate by up to 1.5-2% annually. For a $3.7 trillion  economy like India, this translates to an additional $55-70 billion in annual  economic output. 


Simultaneous elections can drastically cut down the enormous financial  burden on the government and political parties. It is estimated that  diminishing the frequency of elections could result in savings ranging  from Rs 7,500 crore to Rs 12,000 crore. 


Frequent elections force governments into perpetual campaign mode,  straining security forces from their primary duty, delaying long-term  decision-making and disrupt local economies. ONOE would limit the MCC’s  imposition to once every five years, ensuring uninterrupted governance,  economic activity, enhanced national security and focus on development  rather than short-term electoral gains. 


The concept of holding simultaneous elections has been embraced by several  countries, including: 

South Africa: Elections to the National Assembly and provincial  legislatures occur simultaneously every five years.

Sweden: The Prime Minister of Sweden is elected by the legislature  every four years. 

Germany: The Chancellor of Germany is elected by the legislature  every four years. 

Britain: The Fixed-term Parliaments Act, 2011 was passed to provide a  sense of stability and predictability to the British Parliament and its  tenure. It provided that the first elections would be held on the 7th of  May, 2015 and on the first Thursday of May every fifth year thereafter. 


With ONOE’s implementation, India will be able to have good governance  as parties will not always be in campaign mode, as also mentioned by the  NITI Aayog in its report of 2017. Taxpayer’s money will be spent on a one  time election. Offering of freebies right before an election will also be  reduced and policy based spending will be observed. ONOE is hence an  important art for the ask of nation building. 


Navigating the Setbacks and Challenges of a  Unified Electoral System

 

ONOE bill has been controversial and has received a lot of backlash from the  opposition parties as with over 900 million eligible voters, election officials  would require extensive planning and resources. 

There is a huge possibility that while conducting elections simultaneously to  the Lok Sabha and all State assemblies would result in national issues  overshadowing regional and State specific issues. unified elections may  create a system where national political parties would have a significant  advantage over regional parties. 

Samajwadi party Chief Akhilesh Yadav criticised the bill and said, if the bill  passes “autocracy” will take place of democracy and the country will "move  towards dictatorship". This statement can be further analyzed in light of the  precedent set in the 'S.R. Bommai v/s Union of India' case in March 1994.  However, thirty years later; the committee's composition failed to reflect the  federal nature of the Constitution, as it did not include a single Chief Minister  or representative of states.

Despite facing criticism, the Constitution (129th Amendment) Bill  successfully passed its introductory phase with 269 votes in favor and 198  against. However, the bill requires the approval of two-thirds of the  members present, and the BJP-led alliance holds only a simple majority in  Parliament, which poses a challenge in achieving the two-thirds majority. 


Concluding the Journey towards a Unified Electoral  Future 


The Law Minister, who while addressing concerns regarding the bill, assured  the house that it would not interfere with the autonomy or powers of the  States. He dismissed opposition claims that the bill violated the basic  structure doctrine and assured that the legislation adhered to constitutional  principles. 

The measures contained in the provisions outlined in the 'S.R. Bommai v/s  Union of India' and 'Indira Gandhi vs Raj Narain' cases must be adhered to,  as they examine the provisions of the 'Representation of the People Act,  1951' and establish guidelines for ensuring free and fair elections. 

The implementation of ONOE presents a transformative vision for India's  political landscape by promising to increase in the efficiency of governance  and reduce the cost associated with periodic elections. Despite the potential  for improved policy and more effective administration, the oppositions  attention are still on serious concerns regarding the impact on federalism,  local representation and the practical challenges of implementation. 


In relation to the mindset of the Indian voter, campaigns on behalf of  Election Commissions can be launched educating the voters as to the key  differentiations between a poll on the State and National level. The  Campaign can also be used to educate the voters on what issues are called  State issues and what issues can be called national issues, which would  enable the voters to make an informed choice. 


As India navigates this complex issue, it is crucial to have in-depth  discussions, consider all points of view, and ensure that any reforms uphold  the principles of democracy and fair representation.


Reference list 

The report is available online at: 

  • Next IAS 

  • Indian Express  

  • India Today 

  • Hindustan Times 

  • New India Express 

  • Times of India 

  • Vision IAS 

  • Chahal Academy 

  • Advocatekhoj.com 

  • Lawctopus.com 

  • S.R. Bommai v/s Union of India

  • Indira Gandhi vs Raj Narain 


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