One Nation, One Election: A New Era In India's Electoral Process
In a significant move towards electoral reform, the Union Cabinet has approved the proposal to conduct simultaneous elections for the Lok Sabha, state assemblies, and local government bodies. This decision follows the recommendation of the high-level committee on One Nation, One Election, chaired by former President Ram Nath Kovind. The committee on simultaneous elections, constituted under his chairmanship, met with the President of India, Droupadi Murmu, and submitted its report.
In a step towards simultaneous polls for the Lok Sabha and state assemblies, the Union Cabinet cleared the proposal for One Nation, One Election. Earlier in March, a committee chaired by former President Ram Nath Kovind submitted its report on this initiative, which advocates for aligning Lok Sabha and assembly elections. The panel, established in September 2023, reviewed international practices and consulted 39 political parties, economists, and the Election Commission of India. While expressing support for the concept, the committee emphasized the need for a legally sound approach to adjust and synchronize the current electoral schedules. The move to simultaneous elections will be implemented in two phases. In the first phase, Lok Sabha and assembly elections will be aligned. In the second phase, local body elections will be held within 100 days of the first phase.
The report, comprising 18,626 pages, is the outcome of extensive consultations with stakeholders and experts, as well as 191 days of research since its constitution on September 2, 2023. Simultaneous elections, popularly known as "One Nation, One Election," refer to holding elections for the House of People (Lok Sabha), all state legislative assemblies, and local bodies (i.e., municipalities and panchayats) together. The central government, state governments, and political parties made conscious efforts, at the persuasion of the Election Commission of India, to prematurely dissolve the state legislative assemblies in seven states: Bihar, Bombay, Madras, Mysore, Punjab, Uttar Pradesh, and West Bengal, so that simultaneous elections could be held in 1957.
Simultaneous elections were largely upheld until the fourth general elections of 1967. Since then, the country has faced five to six elections each year. If municipal and panchayat elections are also included, the number of elections will increase significantly.
Ram Nath Kovind, the former President of India, chaired the committee, which included Amit Shah, Union Minister of Home Affairs and Minister of Cooperation; Ghulam Nabi Azad, former Leader of the Opposition in the Rajya Sabha; N.K. Singh, former Chairman of the 15th Finance Commission; Dr. Subhash C. Kashyap, former Secretary-General of Lok Sabha; Harish Salve, Senior Advocate; Sanjay Kothari, former Chief Vigilance Commissioner; Arjun Ram Meghwal, Minister of State (Independent Charge, Ministry of Law and Justice); and Nitin Chandra, Secretary to the Government of India.
The committee recommends amendments to the Constitution to enable simultaneous elections in two steps. In the first step, simultaneous elections will be held for the House of People (Lok Sabha) and the state legislative assemblies, requiring no ratification by the states for the constitutional amendment. In the second step, elections for municipalities and panchayats will be synchronized with those for the House of People and the state legislative assemblies, ensuring that municipal and panchayat elections are held within 100 days of the elections for the House of People and the state legislative assemblies. This step will require ratification by at least half of the states.
To prepare a single electoral roll and electoral photo identity cards for use in elections at all three tiers of government, amendments to the Constitution of India are recommended. These amendments will allow the Election Commission of India to prepare a single electoral roll and EPIC in consultation with the state election commissions; this will also require ratification by at least half of the states.
In the event of a hung house, a no-confidence motion, or any similar situation, fresh elections should be held to constitute a new House of the People or state legislative assembly for the unexpired term of the House of People. The committee recommends that the Election Commission of India plan and estimate logistical requirements in advance, in consultation with the state election commissions, to ensure the deployment of manpower, polling personnel, security forces, EVMs, and VVPATs, so that free and fair simultaneous elections are held across all three tiers of government.
While preparing the report on simultaneous elections, the committee reviewed various documents, including the Indian Franchise Committee Report of 1932, the General Election Reports of 1957 and 1962, the Election Commission of India's First Annual Report of 1983, the 170th Report of the Law Commission of India (1999), the Report of the National Commission to Review the Working of the Constitution (NCRWC) of 2002, the 255th Law Commission Report of 2015, the 79th Report of the Parliamentary Standing Committee of 2015, the Working Paper of NITI Aayog (2017), and the Law Commission of India Draft Report (2018), along with the Atlas published by the Election Commission of India in 2019.
The committee held extensive consultations to understand the views of various stakeholders, receiving input from 47 political parties, of which 32 supported simultaneous elections. Many political parties engaged in thorough discussions with the committee on this matter. In response to a public notice published in newspapers across all states and union territories, 21,558 responses were received from citizens nationwide, with 80% of respondents supporting simultaneous elections.
Law experts, including four former Chief Justices of India, twelve former Chief Justices of major High Courts, four former Chief Election Commissioners of India, eight State Election Commissioners, and the Chairman of the Law Commission of India, were invited for in-person interactions. The committee also sought the views of the Election Commission of India.
The committee conducted extensive research and analyzed the intricate legal, economic, and political issues related to simultaneous elections. It also examined international best practices for potential adoption, studying the system of simultaneous elections in countries such as South Africa, Sweden, Belgium, Germany, Indonesia, and the /Philippines. The committee concluded that considering the uniqueness of India’s polity, it would be best to develop an appropriate model tailored to the country.
Frequent elections burden the government exchequer with additional expenditures. If the expenditures incurred by political parties are included, these figures will be even higher. Asynchronous elections cause uncertainty and instability, thwarting supply chains, business investments, and economic growth. The disruption of government machinery due to asynchronous elections creates hardships for citizens. The frequent deployment of government officials and security forces adversely affects their ability to fulfill their duties. The repeated imposition of the Model Code of Conduct (MCC) leads to policy paralysis and slows down the pace of developmental programs. Staggered elections induce "voter fatigue" and present a significant challenge in ensuring voter participation.
Implementing simultaneous elections requires constitutional amendments, a two-thirds majority in Parliament, and ratification by at least half of the states. Amendments to key articles, including 83, 85(2)(b), 174(2)(b), 356, and 75(3), along with changes to the Representation of the People Act, 1951, would be necessary. The Election Commission will also ensure the sufficient availability of EVMs and polling and security staff.
In summary, the approval of simultaneous elections marks a pivotal step towards streamlining the electoral process in India, fostering greater efficiency and stability in governance. By aligning the electoral calendar across different tiers of government, this initiative aims not only to enhance voter participation and reduce the financial burden on the public exchequer but also to create a more cohesive political environment. As the country navigates the complexities of implementing these reforms, achieving a broad consensus among political parties and ensuring meticulous planning will be crucial. This initiative's success could redefine India's electoral landscape, ultimately contributing to a more robust democracy and a more engaged citizenry.
Author is an Advocate practicing in the High Court of Bombay.
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