The Indian government’s ambition to implement ‘One Nation, One Election’ – holding all national and state elections simultaneously – has sparked a heated debate. While the Union Cabinet has embraced the idea, its realization hinges on navigating a complex web of constitutional amendments.
At the heart of the matter lie at least five articles of the Indian Constitution that require modification to enable simultaneous elections. These amendments, however, are no mere technicality. They carry the weight of potentially reshaping the balance of power between the center and states, and they necessitate a substantial majority in Parliament to pass.
The crux of the challenge lies in the fact that the ruling Bharatiya Janata Party (BJP) might not command the two-thirds majority needed to push these amendments through. Adding fuel to the fire, critics argue that such alterations could potentially violate the Constitution’s basic structure, raising concerns about the democratic process.
Here’s a breakdown of the key constitutional articles at the center of this debate:
1.
Representation of the People Act:
This Act governs the timing of elections, allowing them to be held within a six-month window before a five-year term ends. Simultaneous elections would necessitate aligning the schedules of numerous state assemblies, potentially forcing them to dissolve before their term is up. Critics argue that this could violate the principle of fixed terms enshrined in the Constitution.2.
Article 83(2) and Article 172:
These articles establish the maximum duration of the Lok Sabha (national parliament) and state assemblies, respectively. To synchronize elections, these articles might need amendment to shorten the terms of assemblies that have been dissolved before their natural expiration.3.
Provisions for Union Territories:
Special provisions govern elections in Delhi, Puducherry, and Jammu and Kashmir. Implementing One Nation, One Election would require similar amendments to these provisions to bring them in line with the national schedule.4.
Article 356 (President’s Rule):
This article gives the central government power to dismiss state governments and impose President’s Rule. Amendments to this article are being considered to prevent premature dissolution of state assemblies and ensure consistent election cycles.5.
Article 325 (Electoral Rolls):
A key aspect of One Nation, One Election is the creation of a single electoral roll and voter identity card. This would require amendments to Article 325, potentially overruling existing state-level provisions for electoral rolls.6.
Article 324A:
The proposal includes the addition of a new Article 324A to facilitate simultaneous elections for local bodies, such as panchayats and municipalities, alongside national and state elections.The path to One Nation, One Election is fraught with legal and political complexities. The amendments required are far-reaching and potentially disruptive to the existing electoral system. Whether the government can garner the necessary support and navigate the constitutional challenges remains to be seen. This debate will likely continue to shape the political landscape of India for the foreseeable future.
