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One Nation One Election.

Relevance:

• UPSC CSE, General Studies 2.
• Representation of People’s Act, 1951; Government policies and interventions for development in various sectors.
• Tags: upsc #competitiveexams #ONOE #Electioncommission.

Why in the news?

The government has established a commission under the leadership of former Indian President Ram Nath Kovind to examine the viability of “One Nation One Election (ONOE).”

Background of ONOE

• Elections for the House of the People and State Legislative Assemblies need to be coordinated, and this has been a topic of discussion for a while. The controversy grew in importance as a result of the topic being brought up in numerous government forums.
• When looking at the history of elections in India, from 1951 to 1967, general elections to the House of People and all State Legislative Assemblies were held simultaneously.
• However, this custom was interrupted after 1967 as a result of the early dissolution of various legislative assemblies in 1968 and 1969 as well as the House of the People in 1970.

What are simultaneous elections?

• A simultaneous election is one in which the Lok Sabha, Vidhan Sabha, and local bodies — the three tiers of the constitutional institutions—are all elected in simultaneously. In practice, this means that a voter casts their ballots for representatives at all levels of government on the same day.
• However, there are too many candidates for the third tier, and how those candidates are elected is essentially a state matter. Therefore, coordinating and aligning the third-tier election calendar with those of the House of the People and State Legislative would be extremely difficult, if not impossible.

Simultaneous election holding also raises some constitutional issues that require resolution. They are

Question

The tenure of certain of the State Assemblies has to be shortened in order to put the notion into practice. How do you do it when the legislature has confidence in the government? How can simultaneity be maintained in the case of a no-confidence vote or president’s rule?

The Lok Sabha and State legislatures are required by Articles 83(2) and Article 172 of the Constitution to exist for five years after the date of their first sitting, “unless dissolved earlier.” It is evident from this that the Lok Sabha and State Assemblies are not given fixed tenure by the Constitution. Simultaneous elections are not conceivable in the absence of a definite tenure.

Answer

• Establishing Consensus: In order to achieve simultaneous elections at the national and state levels, the idea requires building consensus among various national and regional political groups.
• Modifications to the Law: In order to put the idea of One Nation, One Election into practice, some adjustments to the Constitution are required. This entails revising the 1951 RPA Act as well as five provisions of the Constitution.

The following articles need to be amended

• Article 83: Pertaining to the tenure of the Houses of Parliament.
• Article 85: Dealing with the dissolution of the Lok Sabha by the President.
• Article 172: Concerning the duration of state legislatures.
• Article 174: Addressing the dissolution of state assemblies.
• Article 356: Dealing with the imposition of the President’s rule.

Reports concerning ONOE

In its First Annual Report published in 1983, the Indian Election Commission suggested holding concurrent elections for the House of the People and state legislatures.

The Law Commission of India suggested simultaneous elections as part of electoral reforms in its 170th Report on “Reform of Electoral Laws” (1999)-

• The Commission noted that after 1967, simultaneous elections for the Lok Sabha and State Assemblies were no longer held due to a number of factors, including the frequent use of Article 356 of the Constitution and the Governor’s dissolution of the State Assembly upon the Chief Minister of the State’s recommendation.
• The Commission acknowledged that it is impossible to predict all the circumstances and eventualities in which Article 356 might be invoked.
• Separate elections for State Legislative Assemblies should therefore be the exception rather than the rule. For the Lok Sabha and all Legislative Assemblies, there must be an election every five years.
• The National Commission to Review the Working of the Constitution, 2002 recommended a feasible line of action that might be used in the event that Hung House complied with a constructive vote of no-confidence.
• In its 79th Report in 2015, the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice proposed holding simultaneous elections for long-term good governance.
• In January 2017, NITI Aayog created a working paper titled “Analysis of Simultaneous Elections: The What, Why, and How” in which the idea of holding elections for the State Legislative Assembly and the House of the People simultaneously was discussed.
• The paper suggests that holding elections simultaneously on several counts is desirable. These reports also note that the nation’s diverse needs will be reflected as national parties run in elections with a regional focus and regional parties run with a national focus, bringing the regional parties into the mainstream of politics and fostering their expansion.
• In 2019, Sunil Arora added that the Election Commission will be in favor of the concept. “Yes, it is what we would desire. Furthermore, this is not a formal declaration that merely states that we concur in principle, etc.

Other nations with the idea of ONEP

• The general elections in Sweden are held concurrently with elections for the County Councils and Municipal.
• Federal Parliament elections in Belgium typically take place every five years, concurrent with the European (and subsequently also regional).
• The Constitutional Court of Indonesia ruled that beginning in 2019, Indonesia will hold both the presidential and legislature elections simultaneously.
• In South Africa, elections are held every five years for the National Assembly, Provincial Legislatures, and Municipal Councils.
• Numerous regions of the world do hold simultaneous elections in one way or another. Simultaneous elections are practiced in nations including the Philippines, Brazil, Bolivia, Colombia, Costa Rica, Guatemala, Guyana, Honduras, and Nicaragua.
• However, these nations use a presidential system of government, and the presidential and legislative elections are held concurrently.

Various arguments against ONOE

• Resource constraints: Resources are scarce in India, and combined with the country’s enormous population and sparse resource availability, it would be challenging to simultaneously regulate and oversee everything. If both elections take place at the same time, a substantial police presence will be needed, and there is a possibility of unrest.
• Centralization of power: The one-nation, one-vote system should be scrapped since it will lead to a concentration of power and weaken the authority of individual governments. If a single leader rules the entire nation, and that leader’s party is corrupt, the entire nation suffers. There will be no opposition, which may lead to a monopoly of power in a few hands. Opposition parties are mandatory need to make decisions in order for a nation to thrive.
• Mid-way disruptions and negating the idea of “no-confidence motion”:

1. It will be important to make sure that the synchronization of the elections, or the restoration of simultaneous elections, remains intact, which in the current scenario looks difficult. There may be disruption for the reasons motion of no confidence, a hung legislature or assembly, and a budgetary defeat.
2. A government can remain in power as long as Parliament trusts it. The only way simultaneous elections can be successful is if governments are in place for a predetermined period of time, such as five years, regardless of whether or not Parliament has the government’s support. It eliminates the concept of a “no confidence motion,” which is a crucial weapon for gaining parliamentary authority over the executive.

• Awareness among the common mass: The public is unaware of the one Nation One Election policy. People in India are accustomed to voting in several elections, thus it is necessary to inform them of the election and help them prepare for it requires time.
• Difficulty in implementing policies: If all elections take place at once, it will be challenging for the Election Commission of India to implement policies smoothly. There is also a chance that there will be some irregularities or malpractices, which the defeated party will continue to challenge in court or in public.

Various arguments in favor of ONOE:

• Reduction in the expenses during election: The expense incurred by the Election Commission and the expense incurred by the political parties make up the two parts of the cost of an election. A sizable portion of the workforce in government and the use of public facilities are taken over for election-related tasks. Simultaneous elections’ proponents contend that they will cut down on both the financial and human resources diverted for election-related tasks.
• Smooth flow of the services: During election season, the Model Code of Conduct (MCC) is put into effect. MCC is viewed as a barrier to the system for delivering government services. Elections held simultaneously might lessen this inconvenience.
• Limiting the freebies: Political expediency trumps the general welfare during elections. Political parties give in to popular requests without taking the general welfare into account in order to win over voters. Elections held simultaneously limit political parties’ access to such opportunities.
• Supporting the idea of national unity: Elections held simultaneously favor a national viewpoint over a regional one. This is crucial for maintaining national unity. It boosts national parties because they encourage a national perspective. This slows the increasing expansion of political parties who are only interested in winning votes.
• Elections held simultaneously put States and the Centre on equal footing: The elected state administrations cannot be simply rejected if the elections are scheduled to take place simultaneously once every five years. As a result, federalism is strengthened because the anomalies caused by Article 356 (President’s Rule) of the Indian Constitution are reduced.
• Unhindered decision-making authority: Every five years, there is a simultaneous election, which gives administrations stability. It enables the government to make tough decisions that are severe in the interest of the general people.

Way forward and conclusion

• It is unsustainable to spend Rs 50,000 crores ($7 billion) on elections in a growing nation like India, where 27.9% of the population lives in multidimensional poverty.
• Howsoever, there are several ifs and buts before the idea of simultaneous elections may be implemented and hence care should be taken to ensure that simultaneous elections do not threaten the nation’s diversity and federalism.
• The pursuit of ever more beneficial and productive improvements to the general structure of the nation is necessary for it to flourish into a mature and thriving democracy.
• The simultaneous election of the State Legislatures and the House of the People is required by the current, stable environment. One way to keep the nation from always being in election mode is to hold simultaneous elections.
• Consequently, government spending will be significantly reduced, the security forces, who are already understaffed, won’t be diverted, and most importantly, the nation’s democratic and constitutional system will not be compromised.

Mains question:

One nation, one election is a concept that has been floated around for a while. Discuss the necessity of simultaneous elections in this scenario. What potential issue could these elections bring about?