Source: The Hindu 

Introduction 

In India's electoral system, there's a practice where political candidates can contest elections from multiple constituencies simultaneously. While this might seem like a strategic move, it raises significant concerns about democratic representation and electoral fairness. The issue has been raised, with various recommendations from legal bodies like the Election Commission of India and the Law Commission. 

Constitutional Articles Involved in One Nation One Election: 

• Article 83 & 172:  
  • These fundamental constitutional provisions define the standard five-year terms for the Lok Sabha and State Legislative Assemblies.  
  • Any implementation of simultaneous elections would require strategic amendments to synchronize election cycles across different legislative bodies. 
• Article 324A (Proposed):  
  • This proposed constitutional article aims to establish comprehensive logistical and administrative mechanisms specifically designed to facilitate the complex operational framework required for conducting simultaneous elections across multiple states and national levels. 
• Article 368: 
  • Serves as the critical constitutional gateway for amendment processes, mandating that any substantial changes to electoral systems—especially those affecting state-level political structures—must receive explicit ratification from state governments to ensure democratic consensus. 

Should Candidates Be Allowed to Contest Elections from Multiple Constituencies? 

• Constitutional Framework: The Representation of the People Act 1951 initially allowed candidates to contest from multiple constituencies without restrictions, with a 1996 amendment limiting this to two constituencies. 
• Financial Burden: By-elections resulting from candidates vacating seats impose significant economic costs on taxpayers, with the 2024 general election estimated at ₹6,931 crore and potential extra by-election expenses around ₹130 crore. 
• Democratic Representation Deficit: The practice undermines fair electoral representation by creating non-level playing fields, often favoring ruling parties and potentially marginalizing opposition candidates. 
• Voter Disengagement: Multiple constituency contests can cause voter confusion, potentially leading to apathy and reducing trust in the electoral process, as evidenced by variations in voter turnout. 
• Political Manipulation: Some candidates use multiple constituency contests as a strategic hedging mechanism, prioritizing personal political interests over genuine constituency representation. 
• Legal and Constitutional Concerns: The practice potentially violates democratic principles and constitutional rights, with a 2023 petition arguing it infringes on citizens' fundamental right to freedom of speech and expression. 
• Resource Misallocation: Frequent by-elections consume substantial administrative and financial resources that could be more productively invested in national development. 

How do Different Countries Approach the Practice of Contesting Multiple Constituencies? 

• Pakistan allows candidates to contest multiple constituencies without limit, as demonstrated in the 2018 elections where a former Prime Minister contested and won five seats, vacating four afterwards. 
• Bangladesh previously permitted candidates to contest up to five constituencies until 2008, but now restricts this to three constituencies. 
• The United Kingdom previously allowed multiple constituency contests but banned the practice entirely in 1983, aiming to promote clearer political representation. 
• Most European democracies have systematically phased out the practice of one candidate contesting multiple constituencies to enhance accountability and representation. 
• In countries like India, Pakistan, and Bangladesh, the practice is seen as a strategic mechanism for political leaders to secure their electoral positioning, especially in leader-centric political systems. 

What are the Misuses of the One Candidate Multiple Constituencies Practice in the Indian Electoral System? 

• Financial Manipulation: OCMC creates unnecessary economic burden by forcing frequent by-elections, with estimated costs around ₹130 crore for extra elections, ultimately draining public resources that could be invested in national development. 
• Democratic Distortion: The practice undermines fair electoral representation by creating non-level playing fields, typically favoring ruling parties who can mobilize resources more effectively and potentially marginalizing opposition candidates. 
• Voter Disengagement: Multiple constituency contests cause voter confusion and potential apathy, as demonstrated in instances like Wayanad, Kerala, where voter turnout dropped significantly in by-elections compared to general elections. 
• Personal Political Hedging: Candidates use multiple constituency contests as a strategic mechanism to secure electoral safety nets, prioritizing individual political interests over genuine constituency representation and democratic principles. 
• Systemic Exploitation: The practice often reflects leader-centric party dynamics, allowing political leaders to enhance their electoral reach and ensure continuation or transition of power, even when losing in a specific constituency. 

What are the Recommended Solutions and Challenges of OCMC 

Recommended Solutions: 

• Legislative Amendment 
  • Amend Section 33(7) of Representation of People Act 1951 
  • Completely ban candidates from contesting multiple constituencies 
  • Supported by Election Commission of India (2004 recommendation) 
  • Endorsed by 255th Law Commission Report (2015) 
• Financial Deterrence 
  • Recover full by-election costs from vacating candidates 
  • Impose financial penalties for multiple constituency contests 
  • Discourage strategic electoral manipulation 
  • Limit candidates' financial advantages 
• Electoral Process Reform 
  • Extend by-election timeline from six months to one year 
  • Provide voters more time for informed decision-making 
  • Allow defeated candidates strategic preparation 
  • Amend Section 151A of Representation of Peoples Act 1951 

Conclusion  

The practice of one candidate contesting multiple constituencies poses several challenges to the democratic process, including increased election costs, voter confusion, and potential manipulation of electoral outcomes. While there are some arguments in favor of this practice, the drawbacks far outweigh the benefits. To strengthen democratic principles, it's crucial to implement reforms that ensure "one candidate, one constituency" becomes the norm in Indian elections.