ONE NATION ONE ELECTION

AUTHOR: Himanshu Shekhar, Mahatma Gandhi Mission Law College, Mumbai University

The whole article is surrounding the importance of elections and it would be beneficial that one nation one election should be implemented. There are many pros and cons of the one nation one election. We don’t only focus on the expenditure side of a separate election but we should focus on the election as a whole. By which method people will get benefit and cast their vote without any confusion. We need to amend our constitutional provisions which deal with elections only then we implement one nation one election. There are many concerns regarding the simultaneous elections but if we want to reduce our financial burden for elections then we should implement one nation one election.

INDIA AND ITS CONSTITUTION:

When India was fighting for its independence and preparing to throw off British rule, there was widespread anger among the people towards a certain British document—the British Constitution. One of the main reasons for this resentment was that the British Constitution provided legitimacy to the oppressive rule and harsh treatment of the Indian people by the British authorities. It was believed by the people that the British Constitution sanctioned the exploitative and brutal governance that the British imposed on India. After countless struggles, sacrifices of thousands, and the support of people from all walks of life, India finally achieved independence. However, an enormous challenge remained: how to draft a Constitution that would ensure that it would not be used to oppress, mistreat, or torment the people, but instead serve the welfare of the Indian population. The goal was for the Indian people to feel a genuine loyalty and respect for the Constitution, to view it not as a constraint but as a guiding force for their destiny. And, eventually, this vision came true. The Constituent Assembly, led by Dr. Rajendra Prasad, formed the framework for the Constitution, with Dr. B.R. Ambedkar chairing the drafting committee. The Constitution was accepted by the people of India with great ease and faith. The remarkable aspect of this Constitution is that each rule and law was thoroughly debated and discussed in the Constituent Assembly, and all decisions were made with consensus, leading to its approval and adoption by the people of India.

INDIA AND DEMOCRACY

India is a democratic nation, but it is not a new democracy. It is a country with the oldest democratic system in the world. When we talk about democracy, the soul of democracy is kept alive by elections. Elections provide the foundational material that sustains the democratic system in a country. In any country, the election process is proof of its democratic system.

INDIA AND ELECTION 

India, as we know, has maintained its democratic system since independence, and elections have been at the heart of it. India’s election system is the largest in the world, with over 100 crore voters participating in the election process. The Election Commission of India is responsible for managing the electoral system and ensuring that voters reach the polling stations and vote according to their wishes. Elections in India have always been conducted fairly, but there is now a debate surrounding the election process. India is a federal state, with both central and state governments, and both hold equal importance in the Constitution. Articles 245 to 255 deal with the allocation of powers between the central and state governments. Through Indian general elections, the people elect their representatives for a five-year term.

India has 28 states and 8 Union Territories. Thus, elections in India happen at three levels: the Lok Sabha, Vidhan Sabha and municipal elections. Elections occur at different times for each of these levels, and every five years there is an election for one or more levels. As a result, elections are almost always happening at any  time in India. Recently, there has been a debate about whether we should hold all elections simultaneously.

In independent India , initially elections for parliament and state legislative assembly were held  simultaneously. It was so efficient and convenient. It had its own advantages. We need to take a brief look at its background to understand its benefits and success in our political situation. In the post-independence period in 1951-52 ,India started its first election cycle to the House of People and state assemblies simultaneously. It remained normal until 1967. However, later due to dissolution of some state legislative assemblies in 1968 and 1969,  a problem was posed to the system of simultaneous elections. In fact, the Lok Sabha dissolved in December 1970. This, ever since elections to the state assemblies and the parliament have been held separately. Presently, the General elections for the Lok Sabha and the state assemblies are held at the gap of five years in India whenever the  incumbent  government’s maximum terms ends of it is dissolved due to various reasons. Often elections for state assemblies are held separately which puts a huge burden on the government exchequer. One has to understand that the expenditure involved in elections is like that of war. All logistics are to be geared up to successfully pursue it. It should be a success at all costs.

The present government has tried to launch a one nation one election idea to make our democratic system robust and trying to reduce the financial burden and  expenditure for elections. Our country witnesses 5-7 state assemblies elections every year. Because of this, the election commission imposed a model code of conduct and this made it a barrier in the developing work of government because of execution of  the model code of conduct  governments work for the well being of people’s will affect and reduce the efficiency of the government.

CONSTITUTIONAL PROVISION 

Article 83(2) of the Indian constitution stated that the House of the people will continue for five years from the date of its first meeting. After five years, the House will be dissolved and a new election will be held to elect new members of parliament. According to the article 172(1) of the Indian Constitution states that every legislative assembly of every state , unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of assembly.

According to the existing law it is not possible to conduct simultaneous elections. The one nation one election will require extensive amendments to the respective articles of the Indian Constitution. 

Current all states legislative tenure and Lok Sabha tenure vary from each other . Currently the Lok Sabha tenure is 2024-2029 and let’s take the example of a state Bihar whose Vidhan Sabha tenure will end in the last month 2025 . Then the dates vary.

Therefore some crucial and important questions arise. If we take simultaneous elections we need to end up the tenure before the actual ending of the respective states. Some legislature should be extended.

FEASIBILITY OF ONE NATION ONE ELECTION 

When the idea was mooted by the Prime minister in the year 2018. The law commission of India examined all its interim recommendations, which was released by the Government of India on 30th August 2018 and it is in public domain .

In its report the law commission shows financial burden and compares simultaneous elections by term wise election .

In its report . A financial implication under 2.4 it mentioned that frequent elections lead to massive expenditure by the Government.

By a chart we can easily compare and understand the burden of funds when elections are not conducted simultaneously.

EXPENDITURE WHEN ELECTIONS ARE HELD SIMULTANEOUSLY

EXPENDITURE WHEN ELECTIONS ARE HELD SEPARATELY

ONE NATION ONE ELECTION

This topic has become one of the most significant discussions in Indian politics. In 2018, Prime Minister Narendra Modi announced that the government would introduce a “One Nation, One Election” system, and work has begun in this direction. A committee led by former President Ramnath Kovind has been formed to examine and provide a report on this proposal. However, the question arises: Is it feasible to conduct elections for such a large country, with a population of 1.4 billion and over 3,000 tribes, all at once

When discussing “One Nation, One Election,” we must understand that India is a democratic country, and this democracy thrives because elections occur every five years, whether they are for the Lok Sabha, State Assemblies, or Municipalities. If we are to hold all elections at the same time, it will require changes to the current provisions in the Constitution. This includes aligning the terms of the Lok Sabha, State Assemblies, and Municipalities to be held together. The concern is that the terms of these different elections are not currently synchronized, and elections for these bodies are held at different times. India’s elections are scheduled to ensure that the government is always accountable to the people, and this ongoing process keeps the system alive.

There are many pros and cons of one nation one election-

• PROS OF ONE NATION ONE ELECTION

1. With continuing cycle of elections in one or other part of country, the political parties including ruling party at the Centre and states incest all their time in making strategies for their parties to win the election. Separate elections deviate the attention of the lawmakers from core issues of good governance and development, to campaign for election.

2. Frequent elections lead the political parties in power to take populist measures instead of nationalist ones. They focused on individuals' emotions rather than society as a whole. They promise individual benefits like subsidy, free electricity. The supreme court in S. Subramaniam Balaji vs Government of Tamil Nadu and Ors 2013 9 SCC 659, observed that such practice shook the root of free and fair elections.

3. Simultaneous elections will reduce the use of black money.

4. According to the study by Mr. Csaba Nikolenyi, a Montreal based professor at Concordia university studying Indian elections, he drew the conclusion that separate elections in India were preventing more people from participating in the democratic process.

5. Reduced Financial Burden: Conducting simultaneous elections could significantly Cut down the financial costs associated with multiple election cycles. This model reduces the expenditure related to the deployment of resources like manpower, Equipment, and security for each individual election. The economic benefits include a more efficient allocation of resources and better fiscal management, fostering a Conducive environment for economic growth and investor confidence.

• CONS OF ONE NATION ONE ELECTION

When discussing “One Nation, One Election,” we must consider the literacy rate in India, which remains below a certain threshold for a significant portion of the population. If the only concern is the cost of elections—arguing that conducting elections all at once would save taxpayers’ money—it is important to remember that cost savings should not come at the cost of democracy. Elections are not just about saving money; they are about ensuring that the system remains vibrant and that citizens’ voices are heard at every level of governance.

India is a diverse country, with people of different castes, religions, and languages living together. Their needs, concerns, and issues differ across various levels of governance. When people vote for their local municipality, they are concerned about issues such as road conditions, water supply, and local governance. When they vote for their state assembly, they focus on issues such as agriculture, education, healthcare, and employment. At the national level, voters focus on broader issues like the country’s growth, tax policies, infrastructure, and employment opportunities. If we will conduct all elections at the same time, there is a concern that local and state-level issues might be overshadowed by national issues, and citizens might not have the opportunity to fully address their specific local concerns.

Because of separate elections our leaders come between the people regularly and their accountability will fix.

Furthermore, voters may be able to hold their elected representatives accountable more effectively when elections are held separately. Local representatives, whether at the municipal or state level, come to the people and engage with them on their specific issues. If all elections are held at once, elected officials may have fewer opportunities to interact directly with their constituents, and accountability could be diluted. In our electoral system we are always demanding that the people have the right to recall facilities, because of this we vote for a member respectively for their Lok Sabha and Vidhan Sabha seats. If people don't like their work then why should they wait for five years, if people don't be happy then they recall their representative and make others candidate as their representative. But they have no as such facility, in a democracy the common people feels that they are helpless. In this situation separate elections work as a substitute for the right to recall. For suppose if any political party whose government is in state. If they don't work properly, according to the wishes of the people, then in the Lok Sabha election they might lose seats, also in other state legislative assemblies the political party might lose the seats. The fear which we can feel in leaders and political parties because of separate elections. This fear is good for the well being of the people and good for our democratic system.

CONCERN WITH FEDERAL STRUCTURE 

There is concern in simultaneous elections that it will end the federal structure because if we impose one nation one election we have to dissolve the house of the people and state assemblies of the respective states . It means the dissolving of the temple of democracy before its tenure would raise a concern among the government of the states. On the other hand it is the concern for the regional party that they will lose their root because regional parties fight on different topics , their concern is different whereas the national party fights with different topics and their concern is different. There is another concern with the principles of free and fair elections that simultaneous elections would involve structuring the election cycle in a manner where a voter would cast his/her votes for electing the member of Lok Sabha and Vidhan Sabha on a same day at the same time. It would impact the corner's behavior and there will be a fear for voters that they should not leave their local issues. 

One nation, one election needs a lot of amendments in the constitution of India. It is necessary to take advice from each and every single regional and national political party, political advisers because this is not a normal matter. It will fix and make a base for the upcoming India so it is necessary to take confidence from all parties. We need to understand that if we execute one nation one election it will definitely reduce the financial burden of the election and reduce the expenditure of the taxpayer's money in the election but it is necessary that in any type of election there shall be no harm to the rights of voters. 

• M. Laxmikanth, Indian Polity (6th ed. 2020). 

• Law Commission of India, Draft Report on Simultaneous Elections to the House of the People and State Legislative Assemblies (Aug. 30, 2018), available at Election Commission of India.