The looming threat to federalism and democratic tenets

Syllabus:

GS 2: Functions and responsibilities of the Union and the States

Why in the News?

The ruling government, led by the Bharatiya Janata Party/National Democratic Alliance (BJP/NDA), is seriously pursuing the One Nation, One Election (ONOE) framework.

The looming threat to federalism and democratic tenets

Introduction

  • ONOE aims to synchronise Lok Sabha and State Assembly elections into a single electoral cycle.
  • Proponents of ONOE highlight administrative and fiscal efficiencies as key benefits of this proposal.
  • Critics argue that ONOE could have far-reaching implications on India’s democratic and federalist character, as enshrined in the Constitution of India.
  • Concerns have been raised about ONOE potentially leading to the centralisation of powers and neglecting issues such as the need to strengthen anti-defection laws.
  • Historical Context of Simultaneous Elections

Initial Practice of Simultaneous Elections

  • In the early years post-Independence, the Election Commission of India (ECI) conducted simultaneous elections for both Parliament and State Assemblies.
  • This cycle was disrupted due to the invocation of Article 356 (President’s Rule), which undermined cooperative federalism.

Misuse of Article 356

  • First invoked in Kerala in 1959, it marked the beginning of federal overreach, as the Union’s will override State autonomy.
  • B.R. Ambedkar referred to Article 356 as a “dead letter”, meant for rare use, but its misuse became widespread.
  • Successive governments dismissed over 130 State governments under Article 356 between 1950 and 1994.
  • Despite the R. Bommai judgment (1994) restricting its arbitrary use, incidents of misuse continue.

Defections and the Anti-Defection Law

  • Defections destabilized State governments, with legislators switching sides for personal or political gain.
  • The Anti-Defection Law (52nd Amendment Act, 1985) under the Tenth Schedule aimed to disqualify defectors.
  • However, loopholes, such as the absence of a time-bound framework for Speakers to decide disqualification petitions and provisions for “group defections,” have rendered the law ineffective.

Challenges with ONOE

  • ONOE proposes aligning State election cycles with the Lok Sabha, requiring constitutional amendments to Articles 83 and 172, which guarantee five-year terms for Parliament and State Assemblies.
  • The proposal risks further misuse of Article 356 and fails to address the inadequacies in anti-defection laws.
  • State governments may face curtailed or extended terms, undermining their autonomy.
  • This reduction in autonomy constitutes an attack on the federalist structure of the Constitution, going beyond administrative concerns.

Federal Structure Under Siege

Impact on the Federal System

  • India’s federal system allows States to function independently, addressing local issues effectively.
  • Simultaneous State and national elections under ONOE could impair voters’ ability to evaluate the State government’s performance

Challenges to the Democratic Principle

  • ONOE may result in abbreviated tenures for State governments, violating the democratic principle of “one person, one vote, one value.”
  • In case of midterm elections, new governments may serve only the remaining time in the synchronised cycle, cutting short full tenures.

Historical Examples

  • Political instability in the 1990s saw multiple Lok Sabha elections in 1996, 1998, and 1999.
  • If ONOE had been enforced then, another election in 2001 would have been necessary, increasing electoral frequency.

Governance Concerns

  • Frequent or shortened tenures reduce governments’ ability to:
  • Analyze socio-political and economic conditions.
  • Frame and implement effective policies.

Conduct course corrections

  • ONOE could lead to governance disruption outweighing the usual policy paralysis caused by the Model Code of Conduct during elections.

Logistical Challenges

  • India’s electorate of over 900 million voters requires immense resources for elections.
  • Aligning Lok Sabha, State, and local body elections would:
    • Increase the burden on the Election Commission of India (ECI) and security forces.
    • Risk voter fatigue and confusion, affecting turnout and informed decision-making.

Financial and Administrative Costs

  • Although ONOE is touted to enhance efficiency, the logistical and financial costs could overshadow the anticipated benefits.

Address the Issues First

Reflection Before Implementation

  • The ONOE framework, despite its potential fiscal and administrative efficiencies, requires thorough reflection to address systemic issues affecting State governments.

Key Issues to Address

  • Misuse of Article 356: Preventing federal overreach and ensuring its use aligns with constitutional intent.
  • Strengthening Anti-Defection Laws: Closing loopholes to prevent defections that destabilize governments.
  • Stability of State Governments: Creating mechanisms to ensure their resilience and autonomy.

Safeguarding Federalism

  • The federal structure is not merely procedural but a recognition of India’s diversity and plurality.
  • Forcing States to align with a unified electoral cycle undermines their autonomy and dilutes the democratic essence of governance.

Risks of a Hurried Implementation

  • Imposing ONOE without systemic reforms could be a frontal attack on the Constitution’s basic structure.
  • Instead of enhancing democracy, it could exacerbate existing vulnerabilities and become a blot on Indian democracy.

Lessons from Institutional Failures

  • Incidents like the Jammu and Kashmir government’s dismissal due to a malfunctioning fax machine highlight the frailty and opacity in institutional processes.
  • Systemic reforms are necessary to ensure accountability to constitutional principles.

Commitment to Federalism

  • True democratic governance requires more than simultaneous elections.
  • It demands a commitment to federalism, strengthening State governments as equal partners in the federal structure.
  • ONOE must not centralize power but instead promote the spirit of cooperative governance.

Source: The Hindu

Mains Practice Question:

Discuss the feasibility and implications of implementing the One Nation, One Election framework in India, with a focus on federalism, democratic principles, and systemic reforms. (250 words)