Source: The Indian Express 

Introduction 

The Indian government recently approved a proposal for "One Nation, One Election," which aims to hold national and state elections at the same time. This idea, first proposed in 2017, is now moving forward after a committee led by former President Ram Nath Kovind made recommendations. The proposal suggests a two-stage process: first, holding national and state elections together, then local elections within 100 days. This change could significantly impact how democracy works in India. 

What are the Drawbacks of Simultaneous Elections? 

• Violation of Constitutional Structure:  
  • Simultaneous elections may violate the basic federal structure of the Indian Constitution.  
  • The Constitution envisages separate and independent electoral cycles for the Union and States, respecting their autonomy within the federal framework. 
• Infringement on Election Commission's Authority:  
  • The proposal appears to sideline the Election Commission of India (ECI), a constitutional body entrusted with conducting free and fair elections. Article 324 of the Constitution vests the superintendence, direction, and control of elections in the ECI. 
  • Having a government-appointed committee decide on fundamental changes to the electoral process may infringe upon the ECI's constitutional mandate. 
• Potential Violation of Basic Structure Doctrine:  
  • The Supreme Court's "Basic Structure Doctrine" holds that certain features of the Constitution cannot be altered even by constitutional amendment.  
  • Free and fair elections are considered part of this basic structure. 
  • Simultaneous elections might be seen as altering this fundamental aspect of Indian democracy. 
• Issues with Article 172 Amendments:  
  • The proposal suggests that amendments to Article 172 (concerning the term of state legislative assemblies) can be made without state ratification.  
  • This could be challenged as violating the principle of federalism and the procedure for constitutional amendments under Article 368. 
• Conflict with Anti-Defection Law:  
  • The anti-defection provisions under the Tenth Schedule of the Constitution may be compromised if governments are formed for "unexpired periods" as suggested in the proposal.  
  • This could lead to increased political instability and horse-trading. 
• Curtailment of President's Powers: 
  •  The proposal may limit the President's power to dissolve the Lok Sabha on the advice of the Prime Minister under Article 85, potentially altering the balance of power between executive and legislature. 
• Impact on State Autonomy: 
  •  Forcing states to align their electoral cycles with the national elections could be seen as an encroachment on state autonomy, a key feature of India's federal structure protected under various provisions of the Constitution. 
• Conflict with Article 83 and 172:  
  • The proposal may require significant amendments to Articles 83 and 172, which define the duration of the Houses of Parliament and State Legislatures respectively.  
  • Such amendments could fundamentally alter the constitutional design of separate electoral cycles. 
• Potential Violation of Article 14:  
  • The proposal for mid-term elections only for "unexpired periods" might be challenged under Article 14 (Right to Equality) as it creates different categories of elected governments with varying tenures. 
• Challenges to Local Body Elections:  
  • The suggestion to hold local body elections within 100 days of national and state elections may conflict with state laws governing local bodies and could be seen as centralizing power, contrary to the 73rd and 74th Constitutional Amendments which empower local self-governance. 

Which Constitution Articles are Being Amended for One Nation One Election? 

• Article 83(2):  
  • Requires amendment to modify the duration of the Houses of Parliament, particularly the Lok Sabha, to facilitate synchronization of election cycles. 
• Article 172(1):  
  • Necessitates amendment to alter the duration of State Legislatures, allowing for alignment with the national election schedule. 
• Article 85: 
  • Amendment to restrict the President's power to dissolve the Lok Sabha, ensuring fixed terms necessary for simultaneous elections. 
• Article 174:  
  • Modification to limit the Governor's power to dissolve State Legislative Assemblies, maintaining synchronized election cycles. 
• Article 356: 
  • Requires amendment to prevent the premature dissolution of State Assemblies through the imposition of President's Rule, thereby preserving the simultaneous election schedule. 
• Article 324:  
  • Amendment to accommodate the logistics and implementation of simultaneous elections for both national and state legislatures. 
• Article 325: 
  •  Requires amendment to establish a Single Electoral Roll and Single Elector's Photo Identity Card, centralizing the voter registration process under the Election Commission of India. 
• Article 243K and 243ZA:  
  • May be affected by the amendment to Article 325, potentially altering the role of State Election Commissions in preparing electoral rolls for local body elections. 
• Proposed Article 324A: 
  • A new article to be introduced to facilitate simultaneous elections for Panchayats and Municipalities alongside general elections for the Lok Sabha and State Legislative Assemblies. 

What is the Key Recommends on One Nation One Election? 

• Constitutional Amendments:  
  • Amendments to Articles 83, 85, 172, 174, and 356 of the Constitution are required to establish fixed tenures for the Lok Sabha and State Legislative Assemblies, and to modify provisions for their dissolution. 
• Synchronized Election Cycles:  
  • Conduct elections to the Lok Sabha and approximately half of the State Assemblies in one cycle.  
  • Hold elections for the remaining State Assemblies in a second cycle, approximately two and a half years later. 
• Modification of No-Confidence Motion Procedures:  
  • Mandate that any no-confidence motion in the Lok Sabha or Legislative Assembly must be accompanied by a confidence motion for the formation of an alternative government. 
  • This requires amendments to relevant parliamentary procedures and potentially the Constitution. 
• Limited Term for Prematurely Dissolved Houses:  
  • In case of unavoidable premature dissolution of the Lok Sabha or a State Assembly, the newly constituted House shall only serve for the remainder of the original House's term.  
  • This necessitates amendments to the Representation of the People Act, 1951, and potentially the Constitution. 
• Bye-Election Consolidation:  
  • Consolidate bye-elections necessitated by death, resignation, or disqualification of members.  
  • Conduct these consolidated bye-elections once annually.  
  • This requires amendments to the Representation of the People Act, 1951, and relevant election rules. 
• Transitional Provisions:  
  • Implement provisions for curtailing or extending the tenures of existing assemblies to align with the new simultaneous election cycles. 
  • This requires specific constitutional amendments and transitional clauses in the implementing legislation. 
• Amendment of the Representation of the People Act, 1951:  
  • Modify the Act to accommodate the new election schedule, altered terms of houses, and revised procedures for bye-elections. 

Conclusion  

The "One Nation, One Election" plan is controversial and likely to face challenges in court and Parliament. Critics worry it might affect the fairness of elections and India's federal structure. They argue that the Election Commission of India, not a government committee, should handle such changes. The debate over this plan will be crucial for the future of Indian democracy. It's important for political parties and citizens to carefully consider the impacts of this proposed change on India's diverse democracy.