The Aryavarth Express
Agency (New Delhi): As the elections are getting closer, both for the Parliament and a few assemblies, there are challenges too haunting our secular, democratic fabric. One was declared in a 18,000- page report prepared by a committee led by former President Ram Nath Kovind and submitted to Droupadi Murmu, our country’s present President, that asked for simultaneous elections. Though the recommendation is meant to be taken after the completion of the present round of general election, it needs a proper scrutiny. The plea given was for reducing the election cost. It has also asked for synchronized local body polls within hundred days of general elections.
Obviously, it is asking for the end of federalism. Among the objections raised from various sections, was how to manage elections in Lok Sabha and the state legislative assemblies, to be held in the first phase but immediately after, elections for municipalities and the Panchayats are also to be held within hundred days only. There is always the danger of hung assemblies, during the simultaneous polls itself. There is also a challenge of government falling.
The report having eighteen thousand pages could not find space for the ruling majority to choose different partners and thus change the very character of the alliances. In this provision there is no way out to save the government in case it loses majority. To salvage the situation, the report only suggests one option and that is having repeat election. Despite addressing itself as a democratic electoral system, no options have been placed if the members shift and the house becomes a hung house, or there is confidence motion.
The report also says that the new elected assemblies thus facing trouble in continuing, has to work for the full term. It cannot be dissolved before completing the period designated to it. The introduction of simultaneous polls will have to have full term of five years, no premature dissolution would b allowed. Any violation of the fixed terms would amount to violation of the Constitution itself. In the Constitution itself, it has been mentioned in clear terms that duration will have to be for five years, “Unless dissolved sooner”.
According to the report, the founding fathers of the Constitution carefully drafted Article 83 and Article 172 providing that the term shall be for five years and no longer, not fixing it at five years or making it a minimum of five years. Article 358 allows Parliament to amend the Constitution. If the One Nation, One Election is to be implemented, there would be the need to amend the Constitution and also Representation of the People’s Act, 1951.
Article 324 provides power of superintendence, direction and control of election to Parliament, state legislatures, the office of president of India, and also that of vice president would be vested in the election commission.
There are other issues also like ratification of the states that would be required under Art 368(2) of the Constitution of India if amendments touch upon state subjects (Entry 5) Schedule VII, part IX, and part IX A. According to the report, simultaneous election to the Parliament and the state assemblies do not require ratification from the state. However the Constitution Amendment Bill has to be introduced in Parliament amending the Article 82.
The BJP conducted 25 webinars in the last week of December 2020 to propagate the idea of “one nation, one election”. This came in the background of Prime Minister Narendra Modi making one of his periodic pronouncements about the need for “one nation, one election”. There was still another one, that had taken place at the 80th Presiding Officers’ Conference on November 26, 2020 which happened to be the Constitution Day.
In fact on the theory which soon is to be put in practice as is visualized by its proponents, the responses were mostly critical. It was said that “the way the concept of simultaneous elections is pushed was being sought to be imposed”. It called the concept “fundamentally anti-democratic” and said it “strikes at the root of the parliamentary democratic system as ordained in the Constitution”.
The CPI, which gave its response on January 10 this year and then met the panel in person on February 7, called the proposal “restrictive for democracy and state rights”, and said holding simultaneous elections was “an attempt at curtailing diversity of opinion by imposing uniformity and pushing the country towards one party rule”.
In fact the questions have been raised about the constitutional permissibility of incorporating such a “fundamental change”. Voters are not mute followers and election itself is not a just convention. The very dialogue on the issue among different sections of people and election itself cannot be considered on the basis of mere administrative convenience or economic viability.
The entire process has been initiated in such a way that there would hardly be any time left if the Union government decides to implement simultaneous elections for the Lok Sabha and state assemblies in 2029. The process will start as soon as the 2024 Lok Sabha polls end and many state assemblies will be dissolved in 2029 much before the end of their five-year term to facilitate simultaneous elections. That is if the constitutional provisions on the duration of the Lok Sabha and assemblies are amended during the term of the next Lok Sabha.
The step itself has been in violation of democratic practices because the high level committee has left the responsibility to the Centre about when it can be finally decided to implement “One Nation, One Election” and also when it would be finally ready for simultaneous polls, according to the roadmap suggested. This one-time transition will be the inevitable result if the Centre accepts the recommendations of the panel led by former President Ram Nath Kovind. (IPA Service)
By Krishna Jha