Is One Nation One Election ’unconstitutional’? Key challenges tackled, but many remain: Explained

Several questions were raised on the feasibility and applicability of ‘One Nation One Election’ when the discussions around the concept gained momentum last year. Now, a high-level panel headed by former President Ram Nath Kovind has tried to address some of the challenges that "One Nation One Election" brings.

Kovind's panel submitted its report on "One Nation One Election" to President Droupadi Murmu on Thursday. It backed the idea of simultaneous elections for the Lok Sabha and the state assemblies in the first phase. As per the panel's recommendations, this should be followed by synchronised local body polls within 100 days.

Among the former chief justices of major high courts, nine supported simultaneous elections, while three raised concerns or objections related to it. What were the concerns raised by them? What are the challenges in implementing the "One Nation One Election" and how does the Kovind-led panel address the challenges in its report? Let us take a look. 

Challenge 1: How can all the Lok Sabha polls, assembly polls, and local polls be held in one go?

The committee recommended simultaneous elections to the Lok Sabha (House of the People) and the State Legislative Assemblies be held in the first phase. And in the second phase, the elections to Municipalities and Panchayats could be held within 100 days of the elections to the House of the People and the State Legislative Assemblies.

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Challenge 2: One Nation One Election dubbed unconstitutional

In the report, Constitution expert Subhash Kashyap stated that there was enough evidence to show that the "Constitution-makers envisaged only simultaneous elections for House of the People and State Legislative Assemblies".

He said the first four elections for the state assemblies and House of the People were held almost simultaneously under the same Constitution. "They could not be held as being unconstitutional," he said, adding that "mid-term elections were largely forced only after 1967 as a by-product of large-scale defections and frequent toppling of governments".

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Challenge 3: But hung assembly may still happen during simultaneous polls; governments may still fall in the middle of the term, what happens then?

It was contended that no provisions have been made to solve the problem of hung parliament/assembly in case simultaneous elections are held. A hung assembly happens when no political party gets a clear majority in the assembly. A government may fall when the ruling party loses its majority in the assembly or chooses to shift alliances.

To address this issue, the Committee recommended that fresh elections may be held to constitute the new House in the event of a hung house, no-confidence motion or any similar incident where the fall of a government is imminent.

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"Where fresh elections are held for the House of the People (Lok Sabha), the tenure of the House of the People will be only for the unexpired term of the immediately preceding full term of the House of the People (till the next election round) and the expiration of this period shall operate as a dissolution of the House," the report said.

Where fresh elections are held for the State Legislative Assemblies, the committee recommended that the "new Legislative Assembly, unless sooner dissolved, shall continue up to the end of the full term of the House of the People".

Challenge 4: Altering fixed terms of assembly is against the basic structure of the Constitution

The introduction of simultaneous polls will require the premature dissolution of State Legislative Assemblies. It's contended that altering the fixed terms for Parliament and the State Legislative Assemblies would violate the Constitution’s basic structure which provides that duration will be for five years “unless dissolved sooner”.

The report says that the founding fathers of the Constitution carefully drafted Articles 83 and 172 by providing that the term shall be five years and no longer – not fixing it at five years or making it a minimum of five years. Article 368 allows Parliament to amend the Constitution.

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Challenge 5: Legal challenges to amend the Constitution

ASSOCHAM president Ajay Singh said legal challenges in the way of the implementation of 'One Nation One Election' include the need to amend the Constitution and Representation of the People Act, 1951. The amendments are required for altering the fixed term of assemblies.

Keeping this in view, the Committee recommended the introduction of Article 324A for enabling simultaneous elections in Panchayats and Municipalities with the general elections of the House of the People and the State Legislative Assemblies. It also recommended amendment to Article 325 for enabling Single Electoral Roll and Single Elector’s Photo Identity Card.

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"Since these amendments touch upon State subjects (Entry 5) of Schedule VII, Part IX, and Part IX A of the Constitution of India, ratification by the States will be required under Article 368(2) of the Constitution of India. However, implementing step one, which is simultaneous elections to House of the People and State Legislative Assemblies, does not necessitate ratification by the State," the panel said in its report.

It also noted that a Constitution Amendment Bill will have to be introduced in Parliament amending Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures). "This Constitutional Amendment will not need ratification by the States," it said.

Challenge 6: Related to logistics and manpower, including EVMs, VVPATs

The Committee recommended that the Election Commission of India draw up a plan for making logistical arrangements for the conduct of simultaneous elections to the Lok Sabha and state assemblies. The commission can estimate in advance for the procurement of equipment, such as EVMs and VVPATs, deployment of polling personnel and security forces, and make other necessary arrangements.

Similar was the recommendation for State Election Commission(s) in the case of Municipalities and Panchayats elections.

Questions unanswered

There are a few challenges which were not clearly addressed by the committee's report. They were:

1. Justice Ajit Prakash Shah, Former Chief Justice, Delhi High Court, raised "concerns about distorted voting patterns and State level political alterations". He argued that "fixed terms offer representatives unwarranted stability without performance scrutiny, challenging democratic principles". It's feared that parties will stop working around the year and only focus on developmental work when elections are near.

2. Some experts also claimed that simultaneous elections "are against the regional and smaller parties". They said it would prevent or overshadow regional issues and give prominence to national issues. However, the report argued, "When regional parties effectively highlight local concerns to the electorate, voters would not be swayed by only national issues in the event simultaneous elections are held."

3. Under the topic "Constitutional Foundations of ONOE", Subhash Kashyap wrote that people feel they become relevant only when elections are round the corner. "The businessmen and industrialists feel that the election time is the one when things can be done — contracts, sanctions and permissions extracted — by paying a price to candidates and parties in power.

"They are interested in getting their things done promptly and do not mind paying for it the money that the parties and candidates need for fighting electoral battles. For that the remedy is to be formed in other systemic reforms in the electoral process and political parties," the report said.