Source: The Hindu

Introduction

In September 2023, the Union Government established a 'High Level Committee on One Nation, One Election' led by former President Ramnath Kovind. The committee, having convened thrice, is currently soliciting views from political parties and the public. As this initiative holds the potential to reshape the foundations of Indian democracy and challenge its federal structure, it is crucial to scrutinise the legal implications and concerns surrounding this proposal.

What is the High-Level Committee's Potential Impact on Federalism?

• There are growing concerns that the committee may recommend a common election schedule for the Lok Sabha and State Legislative Assemblies, potentially overlooking constitutional and legal issues.
• The timing of this initiative, coinciding with the lead-up to the 2024 general elections, raises questions about its objectives.
• Given the potential to reshape the democratic landscape, a swift examination of the legal issues is imperative.

What is the Status of Feasibility and Expenditure?

• Proponents argue that 'One Nation, One Election' would reduce the substantial costs associated with separate elections for the Lok Sabha and State Assemblies.
  • However, opponents question the validity of this reasoning, emphasizing that the cost of conducting free and fair elections is a crucial investment in democracy.
• Additionally, concerns about the Model Code of Conduct causing 'governance downtime' are disputed, with opponents asserting the necessity of maintaining a level playing field during elections.

What are Legal Concerns and Constitutional Implications?

• The ruling in the S R Bommai v. Union of India (1994) case underscored the autonomous constitutional status of states and their vital involvement in various facets of public life.
• Introducing a common election process would necessitate altering the constitutionally mandated tenure of State Legislatures, potentially violating the principles laid out in the S R Bommai case.
• Any action altering the duration of a State Legislative Assembly could be deemed anti-federal and unconstitutional.

What are the Shortcomings of the Committee Established?

• Examining the High-Level Committee's consultation process reveals a potential bias, as the information platform is available only in English and Hindi, neglecting the linguistic diversity of the country.
• This raises questions about inclusivity and equal representation in the decision-making process, emphasizing the need for a more inclusive approach that accommodates all of India's official languages.

How Independent is the Election Commission?

• The independence of the Election Commission, a constitutional body responsible for autonomous decisions regarding elections, is a crucial aspect of a functioning democracy.
• The Committee's actions and the Election Commission's seemingly passive role in the process prompt concerns about the integrity of the electoral system and the need for an unbiased and transparent decision-making process.

Conclusion

As the High-Level Committee on One Nation, One Election continues its deliberations, it is imperative to scrutinize the potential impact on India's federalism. The legal concerns, feasibility, and constitutional implications demand careful consideration, with the Supreme Court poised to play an important role in determining the fate of this proposal and its implications for the country's democratic principles.