#BQDebates: Simultaneous Polls, Is ‘One Nation, One Election’ Feasible?
Sounds good in theory but ‘one nation, one election’ will be difficult to implement, say top constitutional experts.
Prime Minister Narendra Modi called a meeting of presidents of all parties on June 19 to discuss ‘One Nation One Election’. While opposition parties have said they will oppose such a move on principle, President Ram Nath Kovind and former President Pranab Mukherjee have supported a debate on the issue of simultaneous elections.
The practice of simultaneous elections to the Lok Sabha and state legislative assemblies was in place from 1952 to 1967. However, the cycle was broken as the fourth Lok Sabha election had to be conducted early. Prime Minister Modi and the Bharatiya Janata Party have been pushing to re-introduce the practice, which they say would curb wastage of public money and other resources.
Top constitutional experts told BloombergQuint that such a move was a “good idea” and “attractive”. However, there would be problems in implementation, according to former chief election commissioners, a retired top Supreme Court judge, and a former attorney general.
‘No Constitutional Hurdle’
- Soli Sorabjee, Former Attorney General of India
There is no constitutional hurdle. Whether feasible or not, depends on the effective implementation. One nation, one election is not undesirable and I think it will not skew voting patterns. It depends on whether there is impartial implementation. There should be provisions for approaching higher authorities or courts in case of faulty implementation.
‘Attractive Only In Theory’
- TS Krishnamurthy, Former Chief Election Commissioner
One nation, one poll is a very attractive proposition in theory, but its implementation has got a lot of impediments.
The first important requirement is that the Constitution has to be amended, because at the moment, we are following a British Westminster style, where houses can be dissolved if there is lack of confidence. Unless you have a fixed tenure of the house, it will be difficult to have simultaneous polls.
Second, they need to have adequate paramilitary forces to ensure that elections are held simultaneously.
There are advantages in holding elections simultaneously – for example, less violence, less hatred, less expenditure.
However, with the present constitutional scheme of things of electoral democracy in India, unless there is a constitutional amendment, and the administrative arrangements meet the challenges of holding a simultaneous election, it may be difficult to implement.
So, unless the government brings a constitutional amendment, and provides for extra administrative arrangements for this purpose, its a difficult proposition.
‘The Issue Is That Of Feasibility’
- Justice Jasti Chelameswar, Former Judge, Supreme Court of India
It’s a good idea. However, the question is one of feasibility. In theory, there is no constitutional objection. The moot point is that of the dissolution of the state assemblies. We need to look at what the situations are under which state assemblies can be dissolved. This requires a deeper analysis of the scheme. The issues of cost and manpower is peripheral. This is a bigger issue.
‘Constitutional Amendments Needed’
- SK Mendiratta, Former Legal Advisor to Election Commission
It is a good idea. However, there are some constitutional amendments that need to be made before its implementation. All the states have a five-year term and they are ending at different times. So they need to be synchronised.
For instance, Article 83, clause 2 states that the five-year term can be extended only under certain conditions.
Similarly, Article 172, clause 1 states that the term of assembly should be five years.
Some of the terms need to be extended and some curtailed. Only then this would be possible. If all parties agree to it, then it is a good idea, as it will help curtail government expenses, the requirement of the central police forces will become a one-time affair.
‘One Nation One Election In The Interest Of People’
- OP Rawat, Former Chief Election Commissioner
This one nation one poll theory was raised by the Government of India to the Election Commission in 2015. The Election Commission had opined that if certain amendments in the constitution and in the Representation of People Act, 1951, are made, then it would be feasible, and some additional allotment for purchasing electronic voting machines should be given.
I think it is feasible. It was done four times initially, in the years 1952, 1957, 1962, 1967, and there is no issue about its workability. However, other things are very important – like certain electoral reforms like abuse of money, that has to be looked into, to build into the confidence among other political parties, that this is being done, with a good intention.
So other electoral reforms should also be brought on board, and it should be discussed with other political parties to bring them on board, make all these amendments, and ask the Election Commission to do it.
I think it will be in the interest of people.
The only hurdle is the amendment to the Constitution and the RP Act. These sections which specify the term of the house, like when the first meeting is held of a house, from that day it is five years. Now, to bring in sync, all the other assemblies with Parliament, you will have to extend the term of some houses and curtail term of some houses. Both amendments will be required here.
RP Act states sections which govern when the Election Commission can start process of election for the new house. So, all those will have to be amended, otherwise, what will happen is that if that amendment is not in place, it will create a problem. For instance, Maharashtra and Haryana assembly terms are getting over in November and December. Election Commission will start the process as per the RP Act. So that amendment has to be brought in.
‘It Will Not Make Any Headway’
- Saugata Roy, Lok Sabha MP, Trinamool Congress
This is an impractical idea. We think this will only disrupt the electoral system of the country. There are so many states and different election schedules. Our party did not attend the meeting called by Prime Minister Modi because the meeting was called without giving any opportunity to the participants to study the case.
The government has not supplied any background data or white paper on its proposal whether it will be a constitutional amendment.
The government has not given any concrete proposal about the constitutional changes it wants to bring. Just discussing the issue will serve no purpose. We think that it will not make any headway. This is the same reason why so many other parties including Congress and DMK did not attend the meeting.
‘This Will Directly Benefit Each And Every Citizen Of India’
- Rajeev Chandrasekhar, Rajya Sabha MP, BJP
We must accept that frequent elections in India do put the brakes on development and governance. It also creates an ecosystem of vested interests that thrive on these frequent elections. Elections also cost money both to conduct and in terms of political ‘costs’.
Therefore, ‘One Nation One Election’ is a much-needed electoral reform.
This will directly benefit each and every citizen of India and only disadvantages those who prey on the uncertainties caused by frequent elections.
I proposed it first in 2010 as part of BJP Vision 2025 and totally support the Prime Minister’s effort to ensure that development and growth are made our country’s priorities.