An 8-member High Level Committee has been set up by the Central Government’s law ministry to examine the legal implications of ‘one nation one election’ policy presented by the government. It is headed by the former President, Mr. Ram Nath Kovind. The concept of “One Nation One Election” refers to the idea of synchronizing the schedules of all elections in India to ensure that general elections for the Lok Sabha (House of the People) and State Legislative Assemblies are held simultaneously. While this concept has been proposed to streamline the electoral process and reduce the frequency of elections, it raises several legal aspects and challenges:
1. Constitutional Amendments: Implementing One Nation One Election would likely require significant amendments to the Indian Constitution. Currently, elections for the Lok Sabha and State Assemblies are held independently, and their schedules are determined separately. Constitutional amendments would be needed to harmonize these schedules.
2. Election Commission: The Election Commission of India plays a crucial role in conducting elections. Any changes in the electoral process would necessitate amendments to the laws governing the Election Commission’s functions and responsibilities.
4. Anti-Defection Law: Simultaneous elections could lead to situations where Members of Parliament (MPs) or Members of Legislative Assemblies (MLAs) switch parties between elections. Amendments to the anti-defection law may be required to address such scenarios.
5. Logistics and Infrastructure: Simultaneous elections would require significant logistical and infrastructural preparations. The legal framework for managing these logistics, including the use of government resources and security forces, would need to be established.
6. Federalism: India is a federal country, and States have their own rights and responsibilities. Simultaneous elections could impact the federal structure of India thereby changing its nature to a complete unitary form.
The idea of “One Nation One Election” is a significant and complex proposal that involves constitutional, legal, political, and logistical challenges. It is said to be taken up in a 5 day session of parliament, starting from September 18, 2023 till September 22, 2023. On Saturday, the Centre announced the eight-member panel. It will have as members Home Minister Amit Shah, Congress Leader and Lok Sabha MP Adhir Ranjan Chowdhury, former Leader of Opposition in Rajya Sabha Ghulam Nabi Azad, jurist Harish Salve, former Chief Vigilance Commissioner Sanjay Kothari, ex-chairman of Finance Commission N.K. Singh and former secretary general of Lok Sabha Subhash C Kashyap. The panel meetings will also be attended by the Minister of State, Ministry of Law and Justice.
The Law Commission’s report stated that simultaneous elections, in addition to saving public funds, would reduce the burden on security forces and promote greater involvement of the administrative machinery in ongoing development work rather than constant election preparations. When the Commission sought views on the issue again in 2022-2023, it raised questions about whether holding simultaneous elections would impact the democratic process, the Constitution’s basic structure, or the country’s federal polity. Thus, the committee is said to examine its legality and make necessary suggestion as per its legal implications.
NAME: RIDHI MITTAL, SYMBIOSIS LAW SCHOOL, INTERN (LEGAL JOURNALISM)
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