Will the centre’s plan to streamline the electoral process be accepted by Opposition parties and regional satraps? Many countries have adopted this model, which was also prevalent in India in the past
By Sanjay Raman Sinha
The government-constituted high-level committee under former president Ram Nath Kovind has submitted its report on the One Nation, One Election plan to President Droupadi Murmu. With this, the centre is all set to pull out yet another rabbit from its electoral hat. The One Nation One, Election plan envisages simultaneous elections for the Lok Sabha and all state assemblies and within a specific time frame.
The eight-member high power panel included Home Minister Amit Shah, Congress leader and Lok Sabha MP Adhir Ranjan Chowdhury, former Leader of the Opposition in the Rajya Sabha Ghulam Nabi Azad, jurist Harish Salve, former Chief Vigilance Commissioner Sanjay Kothari, former Finance Commission Chairman NK Singh and Subhash C Kashyap. The minister of state for the law ministry also attended the panel meetings.
The Union government is expected to fix a date for synchronised elections for all state assemblies. This will follow immediately after the Lok Sabha elections, and the state assemblies thus elected would have their tenures conclude in sync with the Lok Sabha tenure. This way, a one-time transition to the new mode is sought to be achieved. This move will require ratification by not less than half the states.
For the first simultaneous elections, the tenure of all state assemblies can be extended to the period ending with the next Lok Sabha election, i.e. 2029. In case of a hung House and no-confidence motion, fresh elections can be held for the remaining five years of the term. The Election Commission of India (ECI) will prepare a single voter list and voter ID card for all elections—Lok Sabha, assembly and local body—in consultation with state election authorities.
The Kovind panel has recommended advance planning of equipment, manpower and security forces for holding simultaneous elections. The responsibility will lie with the ECI, which will plan the polling operations in consultation with state election commissions, including deployment of manpower, polling personnel, security forces, EVMs/ VVPATs, etc., so that free and fair simultaneous elections are held in all three tiers of the government.
Two basic amendments have been suggested. The Committee recommended that Article 325 of the Constitution be amended to facilitate preparation of a single electoral roll and single Elector’s Photo Identity Card by the ECI. To enable municipal and panchayat elections to be held simultaneously with the others, the Committee has recommended one Article 324A—which states that Parliament may make a law to ensure that elections to municipalities and panchayats be held together with the general elections. These amendments will require ratification by not less than half the states.
One of the Committee members, Subhash C Kashyap, who was a former secretary-general of the Lok Sabha and a reputed Constitution expert, had recommended the concept of “constructive vote of no-confidence”, which is prevalent in Germany. Herein, to bring a no-confidence motion against a government, a positive vote of confidence in an alternate leader or government is required. However, the Committee did not agree with Kashyap’s proposal. The report states: “In respect of no confidence motion and the proposal of constructive vote of no confidence of Dr. Kashyap, the Committee is of the considered opinion that the prevailing Parliamentary practice in this regard is appropriate and does not require any change. Making a motion of no confidence by the Members of the Parliament is not only their right, but also their responsibility. The Committee would not like to dilute this feature of the Indian Parliamentary system.”
Former Chief Election Commissioner TS Krishnamurthy told India Legal: “While I agree that simultaneous elections will result in many advantages, it’s not going to be a smooth transition as states would agitate politically and may also challenge it legally in the Supreme Court. I am also not sure about the suggestion related to hung Houses/no-confidence induced dissolutions. For example, if there is a no-confidence induced dissolution before one year of the expiry of the tenure, should we have an election just for one year or till the appointed date for simultaneous elections? In fact, the suggestion made by Subhash Kashyap for a new concept of constructive no-confidence is acceptable to me as it is more pragmatic.”
To implement the One Nation, One Election plan, the tenure of many state assemblies will be have to be reduced. In states where assembly elections are to held by the end of 2024, tenures can be extended.
To hold simultaneous elections, five articles of the Constitution will have to be amended. These include Article 83, related to the duration of the Houses of Parliament; Article 85, related to the dissolution of the Lok Sabha; Article 172, dealing with the duration of state legislatures; Article 174 on dissolution of state legislatures; and Article 356 on imposition of president’s rule in the states. Furthermore, under Article 368, consent of more than half the states is required for such a pan-India electoral change impacting states. This will require an unprecedented political consensus.
The first challenge in altering the tenure of the Lok Sabha or state assemblies is the constitutionally prescribed limit of five years of tenure. Under Article 83(2) of the Constitution, the tenure of Lok Sabha and assemblies is fixed at five years. Apart from the premature dissolution of the House in the event of the fall of the elected government, there are some exceptions to this provision.
Sections 14 and 15 of the Representation of the People Act, 1951, govern the procedure for conducting elections and say that the ECI is supposed to hold elections as per the five-year limit prescribed by the Constitution. Therefore, the Representation of the People Act will also have to be changed. To amend these provisions, two-thirds majority will be required in both Houses of Parliament.
These amendments may not require the support of half the states, but unanimity of the states would be important if dissolution of assemblies is considered. Article 356 provides for the imposition of President’s Rule in a state, promulgation of which delays elections there. Though the president can exercise this power on the recommendation of the governor only when the constitutional machinery in the state is dysfunctional, still this Article may also require modification.
Despite these changes in the law, there will be serious issues after the election. In the event of a hung assembly, when one party fails to secure a majority, there is a possibility of early elections. This also needs to be taken into consideration.
The report now will be placed before the cabinet after the Lok Sabha elections. In accordance with the decision of the cabinet, the law ministry will add new clauses or amend old ones of the Constitution.
The amendments will have to be passed in both Houses of the Parliament and state assemblies will also be recommended to pass the resolution. After this, Lok Sabha and assembly elections can be ensured simultaneously in three phases by 2029.
The panel had solicited suggestions from all political parties. The BJP had submitted its proposal suggesting that simultaneous polls to the Lok Sabha, state legislative assemblies, municipalities and panchayats may be held. It had also suggested a common electoral roll for the entire country. The Committee has received responses from 47 political parties; 32 parties have mooted the idea and 15 have opposed the idea.
Prime Minister Narendra Modi has been an early exponent of the plan. In 2014 when he was the chief minister of Gujarat, he had advocated the One Nation, One Election plan. The plan was part of the election manifesto of the BJP in 2019. Now the promise seems set to fructify.
It is not that the exercise of One Nation, One Election is being done in India only. Many countries have adopted the model to streamline the electoral process. In Germany, Hungary, South Africa, Indonesia, Spain, Slovenia, Albania, Poland and Belgium, there is a tradition of holding elections only once and in a synchronised fashion. The argument in support of One Nation, One Election is that it will reduce the expenditure on elections. According to reports, Rs 60,000 crore was spent in the 2019 Lok Sabha elections. This can come down.
In 1999, the Law Commission had supported the proposed exercise in one of its reports. In August 2018, the Law Commission’s report on “One Nation, One Election” was also released and had suggested that elections could be conducted in two phases in the country.
Until 1967, simultaneous elections for state assemblies and the Lok Sabha were common in India. These took place in 1952, 1957, 1962 and 1967. After 1967, the Lok Sabha and assemblies were dissolved several times at different times, due to which this sequence was broken. Some assemblies were dissolved prematurely in 1968 and 1969 and the Lok Sabha in 1970. A decade later, in 1983, the ECI proposed holding simultaneous elections. However, it said in its annual report that the then government had decided against it.
Today, the government is actively pushing the proposal. The challenge is to bring all political parties on one page. Another concern is that national issues and personalities will smother regional issues and personalities. Currently, with a strong BJP riding the Modi wave, these concerns gain legitimacy. How compatible the fluid dynamics of the Indian political system and party politics will be with the One Nation, One Election plan is a moot point.