???? : 09^th Jan 2021    ⌚ : 20 Minutes   

GS-2: Statutory, regulatory and various quasi-judicial bodies Parliament and State Legislatures - structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Context

• Prime Minister Narendra Modi has again pitched for “One Nation, One Election” and a single voter list for all polls.

About

• “One Nation, One Election” (ONOE) or “Simultaneous Elections” has been a topic of discussion among policymakers since the inception of India’s democratic process after independence.
• It has been seen as an essential tool to prevent the impact of the Model Code of Conduct (MCC) on development works.
• It has also been envisaged as a tool to cut down the election expenditure at different levels.
• Law Commission of India in its draft report in 2018 has discussed possibilities and challenges of simultaneous elections in India.
• This idea was proposed by Election Commission in 1983. It was also referred by the Law Commission and NITI Aayog.

Meaning of Simultaneous Election/ ONOE

• It means structuring the Indian election cycle in a manner that elections to Lok Sabha and State Assemblies are synchronized together under which voters in a particular constituency vote for both on the same day.
• It does not mean that voting across the country for Lok Sabha and State Assemblies happens on a single day. It can be conducted in a phase-wise manner and voters in a particular constituency vote for both State Assembly and Lok Sabha the same day.

History of Simultaneous Elections in India (1951-1967)

• Till two decades after independence, the country witnessed simultaneous elections for State Legislative Assemblies (Vidhan Sabha) and lower house of the Parliament (Lok Sabha).
• Elections were held during 1951-52, 1957, 1962, and 1967 for elected representatives of the lower house of parliament as well as the state legislature.
• But after that, the dissolution of several state legislative assemblies from 1968 to 1969 and the Lok Sabha election in 1971 disturbed the process.

Arguments in favor of Simultaneous Elections/ ONOE

• Massive expenditure: India’s election process is one of the most expensive democratic processes in the world.

• According to the Centre for Media Studies (CMS), the Lok Sabha Election held in 2019 was estimated to cost Rs 50,000 crore or $7 billion.
• Currently, the expenditure of state election is borne by the respective state government and of central election by the respective central government.
• In the case of simultaneous elections, expenditure could be divided between states and center equally.

• Engagement of security forces: Deployment of security forces is normally throughout the elections and frequent elections take away a portion of such armed police force which could otherwise be better deployed for other internal security purposes.

• Impact on social fabric: Frequent elections perpetuate caste, religion, and communal issues across the country as elections are polarizing events that have accentuated casteism, communalism, and corruption.
• Focus on populist measures: Frequent elections will impact the focus of governance and policymaking as it forces the political class to typically think in terms of immediate electoral gains rather than focus on long-term programs and policies.

• Impact of Model Code of Conduct (MCC): MCC which is enforced during elections stalls the development works at different levels.

• Hampers administrative works: Regular elections hamper the delivery of essential services due to the engagement of public servants, including large number of teachers, in the election process.

• Hampering values of democracy: Smaller parties with less capital and money for election expenditure could not compete equally with larger parties with deep pockets.

• This hampers equity and equality in a democratic process. With simultaneous elections, the election expense will be reduced thus allowing for more level playing field during the campaign times.

Suggestions by law Commission on Simultaneous Elections/ ONOE in India

• The Law Commission of India chaired by Justice B.S. Chauhan released its draft report on Simultaneous Elections.
• It examined legal and constitutional constraints and solutions related to the conduct of simultaneous elections.
• The Law Commission has suggested that simultaneous elections can only be held through appropriate amendments to the Constitution.
• It suggested amending the Representation of the People Act, 1951 and the Rules of Procedure of Lok Sabha and state Assemblies.
• The Commission further opined that at least 50% of the states must ratify the constitutional amendments.
• The commission had suggested postponing the election of state legislatures that have completed their tenure of five years just one year before the Lok Sabha election (2019) by extending their tenure.
• It recommended for dissolving of the state legislature which would have completed their tenure one year after Lok Sabha Election (2019).
• It had recommended to simultaneously conducting elections for other states legislatures having tenure of more than 1 year in 2021.
• They would have been dissolved in the next Lok Sabha election due in 2024.
• Constructive vote of no-confidence:
• It recommended for the constructive vote of no-confidence by doing away with the current no-confidence motion through appropriate amendments.
• According to the new system, the government might only be removed and a new alternate government is formed for the remaining term.
• The government may be formed by the largest pre-poll or post-poll coalition or by the single largest party. However, it has suggested putting the cap on several such motions

• Mid-term elections: It has recommended for a mid-term election in Lok Sabha or State Legislatures if the government is not formed by all suggested means.

• The next government must be formed for the remaining tenure only.
• Amendment to anti-defection laws: It suggested amending anti-defection laws and putting a time-frame of six-month to decide the issue of disqualification of a member by the presiding officer of the house.

Constitutional Amendments Article 83: Defines Maximum Duration Of Lower House Of Parliament. Article 172: Defines Maximum Duration Of State Legislature. Articles 85(1): Defines sessions, prorogation, and dissolution of Parliament. 174(1): Defines sessions, prorogation, and dissolution State Assemblies. Article 75(3): Council of ministers in Lok Sabha. 164(2): Council of ministers in the state assembly. Amendments in 10th Schedule about disqualification of members of the house. Other Amendments Sections 14 and 15 of the Representation of the People Act, 1951. Rules of Procedure of Lok Sabha. Rules of Procedure of State Assemblies.

Limitations of ‘One Nation, One Election’:

• Checks and Balance:

• Results of the state’s election are taken as a mandate to the government’s policies of the party in the center.
• While performance in a national election is taken as a mandate to policies of the party ruling a state.
• Hence, it acts as checks and balances for policymakers at both center and state.
• Results reflect people’s response to policies and governance.

• It can go against federalism as when an election in a State is postponed until the synchronized phase, President’s rule will have to be imposed in the interim period in that state.

• Different issues at States and National level:

• National issues and State issues are different in nature and implementation.
• The national election is dominated by issues about national interests, while state elections deal with local issues.
• With simultaneous elections, national issues may dominate state issues.

• The marginalization of regional parties:

• Vast geographical extent and diverse cultural landscape have caused the emergence of caste-based and region-based parties.
• Simultaneous elections will lead to the marginalization of regional parties, which are considered as torch-bearers of local issues.

• Homogenization of the country, instead of bringing equity, sustaining plurality, and promoting local and regional leadership, as one election concept may promote national parties.

Conclusion:

• In a developing country like India where 27.9 percent of people live in multi-dimensional poverty following the Global Multidimensional Poverty Index, 2020, election expenditure costing Rs 50,000 crores ($7 billion) in one single Lok Sabha election is not sustainable.
• It is more than the Presidential elections of a developed country like the United States ($6.5 billion) which is larger than India in terms of geographical area and only next to India in terms of population.
• Hence, India must opt for ‘One Nation, One Election’, despite some of the limitations in it.
• Analysis of financial implications, the effect of MCC, and the law commission’s recommendations suggest that there is a feasibility to restore one nation one election concept as it existed during the first two decades of India’s independence.
• However, it cannot be the panacea. The issues related to frequent elections can be addressed by, re-looking at the duration of restrictions under Model Code of Conduct, curbing poll expenditures by electoral funding reforms, bringing political parties under RTI, etc.

Question

1. Consider the following statements about the process of election in India

1. The simultaneous election for parliament and the state legislature has never been conducted in India.
2. Law commission headed by Ashok Dalwai suggested the feasibility of simultaneous elections across the country.

Which of the statements given above is/are correct?

1. 1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2

nnnn