One Nation One Election

Introduction

Realizing the requirement of frequent elections in India, in September 2023, a High-Level Committee (HLC) on Simultaneous Elections was constituted by the Union Government under the chairmanship of former President Shri Ram Nath Kovind. After extensive consultations for many months with diverse stakeholders, the HLC submitted its comprehensive recommendations to President Smt. Droupadi Murmu on 14 March 2024. This committee was called upon to suggest strategies for the synchronization of electoral cycles at all tiers of government for better coordination and efficiency of governance processes.

Background

The electoral landscape of India has undergone considerable change since independence, from the preparatory work during the colonial period to a robust democratic framework. Free and fair elections to the national and state legislatures were first rooted in the Constitution of India, promulgated in 1950. However, staggered elections have been arriving one after another, resulting in frequent electoral cycles and administrative problems due to laxity in the Constitution regarding the duration of the term of legislatures.

For several decades, innumerable reports and recommendations by a plethora of esteemed bodies, including the Law Commission of India (1983, 1999, 2015, 2018 draft), the National Commission on the Working of Constitution (2002), Parliamentary Standing Committee (2015), and recently even NITI Aayog (2017), have been rooting for simultaneous elections.

International Best Practices

Successful examples of synchronized electoral cycles at different levels of governance can be cited in countries like South Africa, Sweden, and Belgium. For example, in the case of South Africa, simultaneous national and provincial elections every five years have resulted in marked administrative efficiency and greater coherence of policy. In Sweden, parliamentary, county council, and municipal elections run simultaneously according to one proportional representation system, which gives this nation stability and good governance. Such examples from across the world mainly depict the benefits that could be derived from aligning the schedules of elections to fully utilize resources and bring about improvement in output in government.

Rationale of Simultaneous Elections

The rationale of One Nation One Election is complex and spans issues that systemically addresses the challenges and lead to enhancement of efficiency in governance:

Formation of High-Level Committee

The constitution of the HLC in 2023 epitomizes the serious attempt that India has made towards electoral reform. Based on elaborate, consultative mechanisms involving political leaders, legal experts, and representatives from civil society, it deliberated on the feasibility and consequences of simultaneous elections. The suggestions provide a phased implementation strategy whereby the synchronization of Lok Sabha and State Assembly elections shall be taken up at the outset and then integrated into municipal and panchayat elections within a certain time frame after the general elections.

Simultaneous Elections of Local Bodies

Backing its decentralized governance structure, the Indian polity has supportive constitutional amendments, the 73rd and 74th Amendments, to empower local self-governance through institutions: Panchayati Raj Institutions and Urban Local Bodies. At this point in time, the federal structure in India has supported Urban Local Bodies (ULBs) and Rural Local Bodies (RLBs) through the ministries of Housing and Urban Affairs and Panchayati Raj. It allows for local governance with guaranteed representation through reserved seats and regulated conduct of elections. Simultaneous elections to local bodies are aimed for:

1. Strengthening Grassroots Democracy: If elections to local bodies are held simultaneously as that for national and state elections, it will create uniformity in the electoral process for all tiers of governance, increasing participation in local self-government and ultimately ensuring fair representation of community interests at the grassroots level.
2. Reducing Electoral Costs: Enormous cost savings can be amassed because of the consolidation of the electoral cycles of Municipalities and Panchayats with general elections. This financial prudence would permit the use of limited resources efficiently at the local level for developmental initiatives and delivery of services to citizens.
3. Enhancing Administrative Efficiency: Harmonized local government elections would have activities such as voter registration, polling logistics, and declaration of results run sequentially. This efficiency improves the general electoral experience of voters and ensures that agendas on local governance are implemented on time.
4. Promoting Policy Alignment: Whenever local election cycles are aligned with the elections of the Parliament and state legislatures, bringing in policy coherence and synergy across these different structures of governance is more effectual. The elected representatives at the local level would then be better placed to coordinate more fruitfully with their counterparts in the higher tiers of government for redressing community-specific problems and executing the developmental programs.

Scheme for Implementing Simultaneous Elections

The proposed scheme indicates the legislative amendments, together with transitional provisions, in order to establish synchronized electoral cycles across all tiers of government:

1. Phase One: Synchronization of Parliamentary and State Assembly Elections
   • Amendment to Articles 83 and 172 of the Constitution for defining “full term” and “unexpired period” for Lok Sabha and State Legislative Assemblies. Such amendments may not require ratification by States at threshold.
   • Define “General Election” as election after full term and “mid-term election” for filling unexpired terms due to early dissolution.
   • Introduce transit provisions that would bring in synchronization between the terms of State Legislative Assemblies and the Lok Sabha immediately after synchronization. Thereafter, the President will issue notifications to effect transition provisions from the “Appointed date” so that all electoral cycles to different tiers of the Government have uniformity
2. Phase Two: Integration of Municipal and Panchayat Elections
   • Bring in Article 324A and amendments to Article 325 for synchronizing Municipal and Panchayat elections within a hundred days of general elections. These amendments shall be ratified by the States for synchronizing the Municipal and Panchayat polls.
   • Specify provisions for mid-term elections to fill unexpired terms till the next general elections.
   • Implement transitional measures to ensure smooth transition and alignment of electoral cycles across all tiers of government.
   • Take necessary transitional steps to complete electoral cycles at all tiers of government as smoothly and align them with the lowest disruption to the ongoing electoral cycles.

Special Circumstances and Amendments

In the context of One Nation One Election, provisions shall be needed to address the impacts of special circumstances and unforeseen events on the synchronized electoral process:

1. Hung House and No-Confidence Motions: Where the contingency of a hung assembly exists or when a no-confidence motion goes through against a government, provisions have to be provided. Special provisions will spell out how a mid-term election can be held, or what legislative adjustments will be conciliatory in holding continuity and democratic governance.
2. Legislative Adjustments for Union Territories and Special States: This would extend the practices of synchronized elections to Union Territories, Delhi, and Jammu & Kashmir, so as to bring uniformity in the election cycles across various administrative units within the country. This legislative uniformity has to eventually bring electoral efficiency and stability in governance in all parts of the country.

Single Electoral Roll

The electoral rolls in India originated with the Indian Councils Act, 1909, and further evolved with successive legislative reforms until the acceptance of universal adult franchise by the Constituent Assembly in 1947. What was laid down by the Representation of the People Act, 1950, was merely a crystallization of this process of preparation of electoral rolls—an important milestone being the establishment of the Election Commission of India.

Dr. B.R. Ambedkar had envisioned the possibility of bias on account of decentralized election administration, and hence, he preferred compiling electoral authority under the Union List for fair and uniform elections. Though ECI now conducts elections at the national and state levels, elections to local bodies are conducted by State Election Commissions, for which the voter rolls are either prepared by them or borrowed from the database prepared by ECI.

These multiple rolls complicate election administration, create resource strain, and lead to inconsistencies in voter registration. It is for this reason that a single electoral roll can cater to a single database of voters with all voter information, reducing duplication and improving coordination between the ECI and SECs.

It serves the goals of rationalization of electoral processes, improvement in accuracy of voter registration, and efficiency in conducting elections across the country. Amendments to Articles 325, Art. 243K, and Art. 243ZA, in respect of creating a Single Electoral Roll and introducing at the state level ratification for Single Elector’s Photo Identity Card, testify to the constitutional cum administrative complications involved in bringing unanimity in electoral practices across different jurisdictions while remaining within democratic parameters.

Constitutional and Legal Framework for Simultaneous Elections

At present, the provisions relating to composition, duration, qualifications of members, and procedural aspects like prorogation and dissolution of legislative bodies are defined in Chapters II and III of Parts V and VI of the Constitution and it is overseen by Election Commission established in Part XV. Further, Article 327 empowers the Parliament to enact law on different aspects of elections, including electoral rolls and the delimitation of constituencies. The proposal under One Nation, One Election aims to provide for mid-term dissolution of the Legislatures, subject to the stipulation that the reconstituted Legislature shall serve only for the remaining period of the original tenure of five years.

The HLC in its report had proposed to bring in two Constitutional Amendment Bills to facilitate the operationalization of simultaneous elections. The changes proposed are as follows:

1. First Constitution Amendment Bill:
   • Firstly, the amendment to Article 83(2) will be necessary, alongwith insertion of new provisions such as Article 82A, 83(3), and 83(4) to modify the duration of the House of People.
   • Secondly, the amendment to Article 172(1) will be necessary, alongwith insertion of new provisions such as Article 172(3), 172(4), and 172(5) to modify the duration of the State Legislature Assembly.
   • Lastly, Article 327 requires to be amended to empower Parliament to make provision for conduct of simultaneous elections.
   The aforementioned bill will not require ratification by half of the States.
2. Second Constitution Amendment Bill:
   • Firstly, amendment to Article 325 will be required to make way for introduction of Single Electoral Rolls for all tiers of elections.
   • Secondly, insertion of Article 324A to ensure simultaneous elections of Municipalities and Panchayats alongwith the General Elections.
   As the above matters are related to State Affairs, the aforementioned bill will require ratification of not less than half of the States as per Article 368(2) of the Constitution.

Other Statutory Amendments

Apart from Constitutional Amendment Bills, the HLC had also proposed amendments in Statutes of Union Territories having Legislative Assemblies to change duration of respective houses:

1. Section 5 of The Government of National Capital Territory of Delhi Act, 1991, for Legislative Assembly of Union Territory of NCT of Delhi.
2. Sections 5 of The Government of Union Territories Act, 1963, for Legislative Assembly of Puducherry.
3. Section 17 of the Jammu and Kashmir Reorganization Act, 2019, for Legislative Assembly of Union Territory of Jammu and Kashmir.

Conclusion

One Nation, One Election serves as a tactical road plan for maintaining the values of stability, effectiveness, and democratic representation. By synchronizing election cycles across all levels of government, it not only increases governance efficiency but also creates the groundwork for inclusive development and more efficient governance. It is an initiative that offers administrative convenience, policy continuity, and financial prudence while assuring greater democratic participation and strong grassroots democracy.

With the help of transitional clauses and constitutional amendments, the phased implementation plan seeks to create a unified electoral system that guarantees nationwide fairness and efficiency. It reflects a pragmatic approach towards achieving these goals with minimal disruption. Thus, in total, this reform initiative is very much imperative in view of modernizing traditional electoral practices and facilitating more effective governance in the Indian polity.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.