Editorial: Constitutional roadblocks

The implementation of ‘one nation, one poll’ is beset with many constitutional and political challenges

On the face of it, the idea of ‘one nation, one poll’ sounds appealing in a country where frequent elections mean a heavy burden on the exchequer and disruption of governance and development activities. However, the implementation of this idea is beset with many constitutional and political challenges. First, it would require constitutional amendment with endorsement by a two-thirds majority in Parliament and ratification by at least half of the States. This appears a tall order in the present divisive political atmosphere. The first challenge in altering the tenure of the Lok Sabha or State Assembly to allow simultaneous polls is the constitutionally fixed limit of a five-year term. Articles 83(2) and 172(1) of the Constitution fix a term of five years for Lok Sabha and Assemblies respectively. There are some exceptions to the provision apart from the House dissolving prematurely when an elected government falls. Sections 14 and 15 of the Representation of People’s Act, 1951, that govern the process of conducting elections also require the Election Commission to call for elections in accordance with the five-year limit placed by the Constitution. An amendment to these provisions would require a two-thirds majority in both Houses of Parliament. All this would call for a prolonged consultation exercise and the building of consensus. Besides, Article 356, which prescribes the imposition of the President’s rule in a State when there is a breakdown of constitutional machinery, may also need an amendment.

The possibility of a hung Assembly, when a single largest party fails to emerge in the elections could also lead to early polls. Defections under the Tenth Schedule are also key factors in elections between scheduled fixed terms. Mid-term polls are also a possibility when Chief Ministers or the Prime Minister face a vote of no-confidence in the House. The Lok Sabha has seen at least seven instances of mid-term polls. A 1999 Law Commission report had rooted for simultaneous elections, but another draft report by the Commission in 2018 said they could not be held within the existing constitutional framework. As part of its core agenda, the NDA government has been a strong advocate of simultaneous polls ever since capturing power in 2014, citing the financial burden caused by an almost continuous election cycle and jolt to development work during the polling period. It has now taken the opposition camp by surprise, ahead of the elections, by constituting a committee headed by former President Ram Nath Kovind to explore the idea. There are fears that the ‘one nation, one poll’ policy could prove detrimental to the federal spirit and will end up benefiting the BJP politically. Simultaneous polls will lead to national issues taking the centre stage and the ”Modi factor” playing a bigger role during the election campaign, stripping the regional issues of their importance and curtailing the hold of the regional parties.

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