Legal experts said on Friday (September 1) the implementation of 'One Nation, One Election' is not easy and the move involves a long and tedious process. Speculation was rife that the 'One Nation, One Election' Bill will be tabled in the upcoming special session of Parliament. Then again, reports on Friday claimed that the central government will set up a committee under former president Ram Nath Kovind to explore the possibility of 'One Nation, One Election'.
While an official confirmation on the same is awaited, the recent claims about the committee formation sparked conjectures that the Bill might not be introduced in Parliament. Rather, Kovind and other members of the committee would likely speak with stakeholders and constitutional experts, and take legal and political opinions on the matter.
One Nation, One Election — pros and cons
The idea of ‘One Nation, One Election’ refers to holding simultaneous elections across the country. This means that the polls for Lok Sabha and state Assemblies will be held together.
Pros: Experts said if implemented, it will cut costs of conducting elections separately in the states. The move might also lead to an increase in voter percentage and lesser corruption, besides saving time and energy. According to Supreme Court lawyer Nipun Saxena, elections at different times also hamper development as new schemes and policies cannot be introduced during elections with the Model Code of Conduct is in place.
Cons: Opposition parties alleged that ‘One Nation, One Election’ would impact voters' behaviour. Voters might look at the larger picture, putting regional issues in the backseat, they argued.
Constitutional hurdles
Supreme Court lawyer Nipun Saxena told CNBCTV18.com that after deliberations and discussion by the committee headed by Ram Nath Kovind, the matter will "ultimately go to Parliament.” He said the idea of 'One Nation, One Election' will probably be approved by Parliament with a two-third majority. However, then the task ahead would be a tedious one.
Conditions for the Bill to be passed in Parliament
Saxena explained that to implement 'One Nation, One Election,' the Parliament and state Assemblies will have to be dissolved; and to allow that, five other Articles will have to be amended.
These Articles include:
1. Article 83(2) of the Constitution: The duration of Lok Sabha will have to be amended.
2. Article 85(2)(b): The power of the president to dissolve the House. This is subject to the limitation that there will not be a gap between two sessions of Parliament. This will be needed if Parliament is dissolved in-between sessions.
3. Article 172(1): The duration of state legislatures will have to be amended.
4. Article 174(2)(a): The dissolution of state legislature by the governor.
5. Article 356 of the Constitution of India that allows the Centre to dismiss an elected state government and impose President's Rule.
These Articles can be amended only after the approval by a two-third majority in Parliament.
Other challenges
Supreme Court lawyers Nipun Saxena and Pradeep Rai both contended that the idea of 'One Nation, One Election' must factor in the situation where there will be defections within political parties, emergency declared in states and Union Territories, President’s Rule, no-confidence motions, or any other situation, that could lead to dissolution of central or state governments.
In that scenario, re-election will have to be held mid-way… then what happens to the state Assemblies? Moreover, to implement 'One Nation One Elections,’ all the election cycles will have to be reset, Saxena said.
In case it is brought into force ahead of 2024 elections, Assemblies of at least 19 of 31 states and UTs will have to be dissolved. In these states, the government's tenure will end after 2024. For states where elections happened recently, the government's tenure might have to be cut short or extended. All this will require the constitutional changes mentioned above — which add up to a long and winding road.
