Context

This editorial is based on the news “Is One Nation, One Election unconstitutional? How Kovind report addresses concerns” which was published in the Indian Express. Recently, the High-level Committee (HLC) on One Nation One Election, headed by former President Ram Nath Kovind, submitted its report to the Indian President.

Key Recommendations of Kovind Committee On One Nation One Election

Comprises: The 18,626-page report on One Nation One Election consists of 11 chapters plus Annexures.

• Chapter VI: It deals with the concerns raised by those who oppose simultaneous elections on various grounds.
• It also provides clarifications regarding four following concerns:
  • Concern on Unconstitutional & Against the Doctrine of Basic Structure: The opponents argue that simultaneous elections are unconstitutional as they require for premature dissolution of state Legislative Assemblies which would be “against the will of the people”. 
    • They also claim that as the Constitution mandates fixed terms for Parliament and Assemblies, any changes made to the terms would be against the basic structure of the Constitution.
  • Concern on Against Democratic Principles: One Nation One, Election would hamper the electoral process and would also violate the rights of citizens.
  • Concern on Undermining of Federalism: Simultaneous elections would violate the rights of the states.
  • Concern on Failure to Address the Issue of Hung Parliament/Assembly: Numerous political parties have said the scheme pertaining to One Nation, One Election doesn’t have any provisions to solve the problem of a hung Parliament/Assembly.

Logistical Preparations Recommended for Simultaneous Elections:

• A Detailed Plan: The Kovind committee on one nation one election recommends that the Election Commission of India, in consultation with State Election Commissions, should prepare a detailed plan for the procurement of necessary equipment, such as EVMS and VVPATS, and ensure the deployment of polling personnel and security forces to ensure smooth execution of the simultaneous elections.
• Amendment to Article 325: The panel suggests amending Article 325 to enable a Single Electoral Roll and Single Elector’s Photo Identity Card to streamline voter identification and reduce redundancies between different electoral rolls and ID systems.

Clarification on the Concern of Unconstitutional & Against the Doctrine of Basic Structure: 

• No Minimum Mandate: Articles 83 and 172 say the term shall be five years and no longer, but don’t fix the minimum number of years of the term at five years.
• Earlier Instances: There have been instances of Legislative Assemblies or Parliament being dissolved sooner than five years due to a lack of stable majorities or political instability despite the numbers.
• No Impact on Basic Structure: Simultaneous elections don’t “impinge upon citizens’ rights under Part III or rule of law or any other feature such as a free and independent judiciary”.
  • Basic Structure Doctrine: It represents certain fundamental features of the Constitution, including Articles 14, 19, and 21, known as the ‘Golden Triangle’ of the Constitution, certain other fundamental freedoms in Part III, “the balance between Part III (Fundamental Rights) and Part IV (DPSPs), secularism, and federalism”. 
    • Free and fair elections, rule of law and independent judiciary are the most important constitutional virtues.

Clarification on the Concern of Against Democratic Principles:

• Ensure the Best Utilisation: The report on one nation one election says that simultaneous elections would ensure the best utilisation of time and resources of those involved in the electoral process. 
• Check Proper Utilisation of Financial Resources: The simultaneous elections would lead to a curtailment of “the role of financial resources, which is one of the biggest concerns when it comes to free and fair elections.”
• Ensure Better Governance: The simultaneous elections would result in better governance as governments “would not be driven by populist measures”. 
  • Simultaneous elections neither stop someone from voting or participating in elections nor dismantle the current system of free and fair elections.

Clarification on the Concern of Undermining Federalism:

• Power of Legislature on Conducting Elections: The report on one nation one election mentions that Articles 327 and 328 talk about the powers of Parliament and states over making provisions with respect to elections.
  • Article 327: It allows Parliament to “make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State”.
  • Article 328: It says that states can legislate in relation to elections to their Legislative Assembly but to the extent it is not covered by parliamentary legislation.
• No Impact on States Powers: They don’t affect these rights given to states by the Constitution.
• Ratification by States on Amendments: The amendments for conducting simultaneous elections for the Lok Sabha and State Legislative Assemblies do not require ratification by the states. 
  • However, amendments related to introducing Article 324A or simultaneous elections in Panchayats and Municipalities, and changes in Article 325 for a single electoral roll, will require ratification by the states due to their impact on state subjects.

Clarification on the Concern of Failure to Address the Issue of Hung Parliament/Assembly:

• Described by the Sarkaria Commission: The report on one nation one election talks about the Sarkaria Commission, which addressed the issue and gave suggestions to address the challenge. 
• Suggested Criteria: When there is no majority, the Governor can do the following things in the same order of preference: 
  • A pre-election coalition should be invited to form the government
  • Invite the largest party to stake the claim with the support of others, including independents
  • A post-election coalition of parties can also be invited
  • A post-election coalition in which some parties in the coalition form the government and others support it from outside.
• Support & Confidence: The report further mentions that the government, the leader of the House, and the elected executive must have the confidence of the House.