Source: The Indian Express 

Introduction 

The Indian government has approved the "One Nation, One Election" proposal, aiming to synchronize national and state elections. This important change is recommended by a committee led by former President Ram Nath Kovind, could reshape India's electoral. The proposal requires constitutional amendments and implementation across various states. 

What is a One Nation One Election? 

• Constitutional Basis:  
  • The original constitutional framework of India envisioned simultaneous elections for the Lok Sabha and State Assemblies.  
  • Implementing this concept may require constitutional amendments to realign election cycles. 
  • The Constitution of India does not mandate a specific timing for elections.  
  • Article 83(2) and Article 172(1) specify the terms of the Lok Sabha and State Legislative Assemblies respectively, setting maximum terms of 5 years.  
    • Simultaneous elections would require amendments to these articles to align election cycles.   
  • Amendments to Part XV (Elections) of the Constitution may be required to facilitate simultaneous elections. 
  • Such amendments would need to be passed by a special majority in Parliament and ratified by at least half of the state legislatures.   
• Legislative Requirements:  
  • Significant changes to existing election laws would be necessary to facilitate simultaneous elections, including potential amendments to the Representation of the People Act, 1951. 
  • The Representation of the People Act, 1951 would need amendments to accommodate simultaneous elections.  
  • Changes may be necessary in laws governing the terms of legislators and the formation/dissolution of governments.   
• Judicial Perspective:  
  • The Supreme Court has observed that election laws must evolve to meet changing social, political, and economic needs, supporting the legal basis for electoral reforms. 
  • Any legislation implementing simultaneous elections would be subject to judicial review to ensure it doesn't violate the basic structure of the Constitution.   
• Administrative Framework: 
  • The Election Commission of India has advocated for simultaneous elections since 1983, citing administrative efficiency and cost-effectiveness as  benefits. 
  • The Election Commission of India, under Article 324, has the power to superintend, direct, and control elections. 
  • Implementing simultaneous elections would require the Election Commission to develop new protocols and procedures for conducting nationwide polls. 
• Economic Considerations: 
  • The proposal aims to significantly reduce election-related expenditures, estimated at INR 4,500 crore for separate Lok Sabha and State Assembly elections. 
  • Revisions to campaign finance laws may be necessary to account for the changed nature and scale of simultaneous elections. 
• Federal Structure Implications:  
  • Any legal framework for simultaneous elections must carefully consider and address potential impacts on India's federal structure and state autonomy. 
• Implementation Challenges:  
  • Legal provisions should have a phased implementation approach to address logistical and constitutional challenges in transitioning to simultaneous elections. 
  • Legal provisions would be needed to handle scenarios where governments fall before completing their terms.  
  • Options like a constructive vote of no-confidence or the President's rule until the next predetermined election date may need to be explored.  
  • The legal framework for a unified Model Code of Conduct applicable across the country would need to be established. 
• Stakeholder Consultation:  
  • The legal framework should incorporate with wide-ranging consultations with judiciary, election officials, political parties, and civil society, as reflected in the comprehensive report. 
• International Context:  
  • While formulating laws, consideration should be given to international practices in federal democracies to inform the Indian approach. 
• Political Consensus:  
  • The legal pathway for simultaneous elections should consider broad political support (16 out of 19 parties in favor) while addressing concerns of opposing parties. 

What were the Proposed Amendments? 

• Article 82A (proposed amendment): "The President of India may by notification issued on the date of the first sitting of the House of the People after a general election, bring into force the provision of this Article, and that date of the notification shall be called the appointed date." 
• Article 324A (proposed amendment): "Notwithstanding anything contained in Art. 83 and 172, all the Legislative Assemblies constituted in any general election held after the appointed date shall come to an end on the expiry of the full term of the House of the People." 
• The Committee recommends that Article 325 of the Constitution of India be suitably amended to enable the preparation of a Single Electoral Roll and Single Elector's Photo Identity Card (EPIC) by the Election Commission of India, in consultation with State Election Commissions. 
• The Committee suggests that necessary amendments to the Constitution and other relevant laws may be brought by the government to enable simultaneous elections. 
• The proposed system would involve conducting simultaneous elections for the House of the People and the State Legislative Assemblies together. 
• In case any State Legislative Assembly is dissolved due to no-confidence motion, a hung House, or any other event, fresh elections will be held for such new House with its tenure ending with that of the House of the People. 
• The Committee recommends synchronizing elections to local bodies (Municipalities and Panchayats) with those to the House of People and State Legislative Assemblies within hundred days of the holding of elections to the House of the People and the State Legislative Assemblies. 
• The Committee emphasizes that these changes are not anti-democratic or anti-federal and will not violate the basic structure of the Constitution or result in a presidential form of government. 

What are the Models of Simultaneous Elections in Other Countries? 

• South African Model:  
  • The National Assembly and Provincial Legislatures are elected concurrently for five-year terms. 
  • Municipal elections are conducted separately on a five-year cycle, offset from national/provincial elections.  
  • The electoral system employs a mixed method, combining single-member constituencies with proportional representation. 
• Swedish Electoral Framework:  
  • Elections for the Riksdag (national parliament), County Councils, and Municipal Councils occur simultaneously.  
  • A fixed election date is statutorily established as the second Sunday of September every four years.  
  • The system utilizes proportional representation for seat allocation in elected assemblies. 
• Belgian Electoral Structure: 
  • The legal framework provides for five distinct types of elections: European, federal, regional, provincial, and municipal.  
  • Federal Parliament elections are typically held quinquennially, coinciding with European Union elections.  
  • Voting is legally mandated as compulsory for eligible citizens. 
• German Constitutional Provisions:  
  • The Basic Law (Grundgesetz) of 1949 establishes simultaneous elections for the Bundestag (federal parliament) and Landtag (state assemblies).  
  • A constructive vote of no-confidence mechanism is constitutionally enshrined to ensure governmental stability.  
  • The electoral system combines proportional representation with safeguards against arbitrary removal of the Chancellor. 
• Indonesian Constitutional Reforms:  
  • As per Constitutional Court ruling on Law No. 42 of 2008, simultaneous elections for Presidential and Legislative offices are mandated starting 2019. 
  • The electoral framework requires Presidential candidates to secure a minimum of 20% of votes in more than half of the country's provinces. 
• Philippine Electoral Legislation:  
  • Republic Act No. 7056 (1992) established the legal basis for synchronized national and local elections.  
  • The law prescribes simultaneous elections every three years for national and local officials.  
  • Specific provisions detail term limits, election periods, nomination processes, and the Election Commission's role.

Conclusion

While the "One Nation, One Election" initiative promises potential benefits like reduced election costs and more stable governance, it also presents complex challenges. The transition period will likely see truncated terms for many state governments. As India moves towards this new electoral system, it will need to navigate constitutional hurdles and ensure widespread political support to make simultaneous elections a reality.