One Nation, One Election: Bills Introduced in Parliament

Why in news?

The Indian Parliament has introduced two key bills related to the One Nation, One Election concept, aimed at holding simultaneous elections for the Lok Sabha and State Assemblies. These bills are part of the effort to streamline India's electoral process and reduce the frequency of elections.

Bills Introduced in Parliament

The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024:
- Proposes amendments to three Articles of the Indian Constitution, specifically inserting a new Article 82A (1-6).
- Article 82A mandates simultaneous elections for the Lok Sabha and State Assemblies.
- It also includes provisions related to the Election Commission of India (ECI) conducting elections for both bodies at the same time.
- Article 82A (4) explicitly defines simultaneous elections as general elections held together for the Lok Sabha and all State Assemblies.
The Union Territories Laws (Amendment) Bill, 2024:
- Amends existing laws such as the Government of Union Territories Act, 1963, and the Government of NCT of Delhi Act, 1991, to accommodate simultaneous elections.

Recommendations from the High-Level Committee

The committee tasked with evaluating One Nation, One Election highlighted several key points for its feasibility:

Simultaneous elections to Lok Sabha and State Assemblies, alongside local body elections, should occur in alignment.
Appointed Date: The committee suggests that the President announce an "appointed date" marking the start of a new electoral cycle.
In case of hung Parliament: Fresh elections should be conducted to form a new Lok Sabha or in case of no-confidence motions.
Article 324A: A new provision for simultaneous elections at the Panchayat and Municipal levels.

What is One Nation, One Election?

The idea of holding simultaneous elections for the Lok Sabha and State Assemblies instead of holding separate elections throughout the year.
Historically, simultaneous elections were held until 1967, after which the cycle was disrupted due to premature dissolutions of State Assemblies and the Lok Sabha.

Historical Background One Nation one election was the norm in India until 1967. Simultaneous elections were conducted for the Lok Sabha and the state assemblies in 1952, 1957, 1962, and 1967. However, due to the premature dissolution of some Legislative Assemblies in 1968 and 1969 the simultaneous election cycle got disrupted. Further in 1970, the Lok Sabha was dissolved prematurely and fresh elections were held in 1971. Steps after the nod by the Union Cabinet Constitutional Amendment Bills: It has two Constitutional Amendment Bills under art 368, which should be approved by Parliament with a broad agreement among the parties. They can be referred to a parliamentary committee for expert opinion and discussion and consensus building. Mesority: To bring the local bodies within the fold of simultaneous elections, at least half of the states have to ratify the Constitutional amendment along with a special majority in both houses of the parliament. Amendments to the Constitution It requires two Constitutional Amendment Bills. First Constitutional Amendment Bill: It needs a 'special majority' in both Lok Sabha and Rajya Sabha which is. Two-thirds of the members present and voting in both houses and half of the total strength of both houses should vote in its favor. Second Amendment Bill: This bill aims at incorporating the local body elections with the simultaneous elections. It has also to undergo the above requirements, and, in addition to the first bill requirement. This is because the local government falls within the State List; therefore, the states have the authority to enact laws regarding the same. What will occur if these Bills get accepted by the Parliament? The Kovind Committee's Road Map indicates the following: Provisions for Implementation Following the general elections, the President shall issue a notification at the first sitting of the Lok Sabha. This would set in motion Article 82A as introduced in the first Constitution Amendment Bill to provide the "appointed date." Article 82A is a new article that will be introduced through the first Bill to accommodate simultaneous elections. State Assemblies Any state Assemblies elected after this "appointed date" shall stand dissolved when the term of the Lok Sabha expires. Certain state Assemblies will resolve beforehand to terminate before the end of their five-year term in order to coincide with the Lok Sabha elections. MidTerm Elections If a state Assembly or the Lok Sabha is dismissed before its tenure expires, then there is a mid-term election. The new elective body will remain in place only until the next simultaneously scheduled elections. This is deemed to be the "unexpired term." Role of Election Commission If the ECI feels that a state Assembly election cannot be held simultaneously, it may propose postponement. However, future elections will still remain simultaneous. Single Electoral Roll The ECI will prepare a common electoral roll for all elections, that is, Lok Sabha, state Assemblies, municipalities, and panchayats, in collaboration with State Election Commissions. It also demands half of the states' ratification for this amendment as well.

Steps for Implementation

Constitutional Amendments: The government plans to introduce two Constitutional Amendment Bills. The first bill requires a special majority in both Lok Sabha and Rajya Sabha.
The second bill focuses on incorporating local body elections with the simultaneous elections and will also need to undergo the same special majority process.
Ratification: At least half of the states must ratify these amendments for the system to be implemented.

Challenges in Implementing One Nation, One Election

Constitutional and Legal Hurdles: Amendments to Articles 83, 85, 172, 174, and 356 are necessary, which require the approval of 50% of states.
State Assemblies Synchronization: Coordinating the dissolution of state assemblies and curtailing or extending their terms to match the Lok Sabha's election cycle presents a major logistical challenge.
Judicial Review: The dissolution of state assemblies for simultaneous elections could be subject to judicial review under Article 356 (President's Rule).
Local Body Election Concerns: Local body elections, which fall under state jurisdiction, will require amendments in various state laws.

Benefits of One Nation, One Election

Focus on Governance: The government can focus on policies rather than being in continuous election mode.
Reduced Financial Burden: Holding elections together reduces the cost of elections, saving thousands of crores spent annually.
Reduced Use of Black Money: By consolidating elections, the circulation of black money in politics can be minimized.
Increased Voter Turnout: A single election process will make voting easier and more streamlined for citizens.
Administrative Efficiency: Fewer elections mean fewer disruptions in governance, as election processes involve heavy use of state machinery.

Constitutional Provisions Regarding Elections in India

Article 83(2): Lok Sabha will continue for five years unless dissolved earlier by the President.
Article 172(1): State Legislative Assemblies also have a five-year term unless dissolved prematurely.

Way Forward

Constitutional Reforms: Finalizing amendments to Articles 83, 85, 172, 174, and 356 to enable simultaneous elections.
Bipartisan Dialogue: Engaging with states to extend or curtail assembly terms for synchronization.
Judicial Clarity: Addressing the judicial aspects related to the imposition of President's Rule for dissolution of state assemblies.
Public Awareness Campaign: Educating citizens about the benefits of One Nation, One Election through media and outreach programs.
Pilot Projects: Testing the simultaneous election model in selected states before nationwide implementation.

Kovind Committee This committee has been constituted under the chairmanship of former President of India Ram Nath Kovind. Other members of this committee are: Amit Shah, Union Home Minister Arjun Ram Meghwal, Union Law Minister Adhir Ranjan Chowdhury, parliamentary leader of the Indian National Congress (the largest party in the Opposition) in Lok Sabha Ghulam Nabi Azad, former Leader of Opposition in Rajya Sabha NK Singh, Chairman of the 15th Finance Commission Dr Subhash C Kashyap, former Secretary General of Lok Sabha Harish Salve, senior advocate of the Supreme Court Sanjay Kothari, former Chief Vigilance Commissioner