Supreme Court on One Nation, One Election.

Syllabus:GS2/Governance

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The Supreme Court declined the proposed October 6 interaction between the Chief Justice of India, other judges and the Parliamentary Joint Committee examining the Constitution (129th Amendment) Bill, 2024, on ‘One Nation, One Election’. 

One Nation, One Election(Simultaneous  Elections)

• Simultaneous elections propose aligning the election cycles of the Lok Sabha and State Assemblies. 
• This would allow voters to cast their ballots for both tiers of government on the same day in their constituencies, though voting could still occur in phases across the country. 
• By synchronising these electoral timelines, the approach aims to address logistical challenges, reduce costs, and minimise disruptions caused by frequent elections

Global Scenario 

• Parliamentary democracies like South Africa, Sweden and Germany have fixed tenures for their legislatures. 
• The elections to the National Assembly and provincial legislatures happen simultaneously in South Africa every five years, with the President of the country being elected by the National Assembly. 
• The Prime Minister of Sweden and the Chancellor of Germany are elected by their respective legislatures every four years. 
• A lack of confidence against the German Chancellor can be moved only by electing a successor.

Status in India 

• India held Lok Sabha and State Assembly elections simultaneously in the first four general election cycles — 1952, 1957, 1962 and 1967. 
• This synchronisation was disrupted due to the premature dissolution of the Lok Sabha and several State Assemblies, resulting in elections being conducted at different times. 
• By 2019, only four States held Assembly elections alongside the Lok Sabha election. 
• The idea of restoring simultaneous elections has been proposed earlier by the Election Commission of India in 1982 and the Law Commission in 1999.
• The Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, seek to enable simultaneous elections to the Lok Sabha and State Legislative Assemblies.
  • They were referred to a joint committee in December 2024. Lok Sabha Speaker Om Birla constituted the 39-member panel.

Arguments Supporting 

• Cost Reduction: Simultaneous elections could significantly reduce election-related expenditure.
  • The Central government spends an estimated ₹4,000 crore on Lok Sabha elections, while each State Assembly election involves additional expenditure depending on the State’s size. 
  • Moreover, political parties and candidates incur expenses many times higher than official government spending.
  •  Holding elections simultaneously could therefore help reduce the overall financial burden on the government, political parties and candidates.
• Policy continuity and stability:  Frequent State elections (around 5-6 each year) put political parties and ministers in a “permanent campaign” mindset, which might impede efficient policymaking and governing.
  • The Model Code of Conduct (MCC) comes into place for around 45-60 days during elections and restricts the launch of new initiatives and projects by the Center and the respective State governments. 
  • Thus, simultaneous elections can offer more policy continuity and government stability.
• Administrative efficiency: Frequent elections also impact the efficiency of government on the administrative front, as machinery at the district level is largely engaged in election-related work.
  •  Paramilitary soldiers are also regularly moved from their usual stations to states going to elections to ensure free and fair polling.
  • Frequent elections are a recurring load on administrative resources and can diminish administrative efficiency.
• Social Cohesion: High-stakes elections repeated over time could incentivise more polarising campaigns as political parties seek electoral support.
  • The development of social media has further amplified such political propaganda, thereby increasing social differences in India’s multi-religious, multi-lingual country.
  •  It is suggested that simultaneous elections will minimise the incidence of election-driven polarisation and will foster better social cohesion.

Challenges involved 

• Federalism issues: India is a federal country, and each State has its own regional challenges and objectives.
  • Holding simultaneous elections might lead to State-specific issues being overshadowed by national issues.
    • This could be an advantage for national parties over regional parties. This could affect the federal spirit of the Constitution.
• Impact of democratic accountability: Elections are a crucial feedback loop where people can evaluate governments.
  • Elections are frequent and have at times forced governments to change or add policies in response to electoral feedback.
  • Elections only once every 5 years may restrict opportunities for voters to submit periodic electoral feedback.
• Constitutional amendments: Simultaneous elections would require constitutional amendments because India follows a parliamentary system in which the Lok Sabha and State Assemblies may be dissolved before completing their normal five-year term if the government loses its majority, no alternative government can be formed, or an early election is sought.
  •  State Assemblies may also be affected by President’s Rule under Article 356. 
  • Therefore, establishing a fixed and synchronised five-year tenure would require amendments to Articles 83 and 85 concerning Parliament and Articles 172 and 174 concerning State Legislatures, along with changes to Article 356.

Recommendations of the Law Commission and Committee

• The Law Commission (1999, 2018 draft) and the Parliamentary Standing Committee (2015) examined ways to implement simultaneous elections.
• Their recommendations included holding Lok Sabha and about half of the State Assembly elections in one cycle and the remaining Assemblies two-and-a-half years later, which would require adjustments to existing tenures and amendments to the Constitution and the Representation of the People Act, 1951. 
• They also proposed that a no-confidence motion should be accompanied by a confidence motion to facilitate an alternative government, while any House formed after premature dissolution should serve only the remaining term of the original House. 
• By-elections could also be clubbed and held once a year. 

SC on  One Nation, One Election

• The Supreme Court declined the proposed interaction between the Chief Justice of India, other judges and the Joint Parliamentary Committee examining the One Nation, One Election Bills
• It stated that since the proposed constitutional amendments could later face judicial review, discussing the issue with sitting judges would not be “expedient or desirable.” 
• The JPC is examining the Constitution (129th Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024, which seek to enable simultaneous Lok Sabha and State Assembly elections. While the committee chairman said the visit was intended only to familiarise members with the Court, the episode highlights the importance of maintaining the separation of powers and judicial independence. 

Conclusion 

• The concept of “One Nation, One Election” is a structural reform aimed at optimising India’s administrative resources, reducing expenditure on elections, and eliminating the pauses in government that occur due to the unending cycles of campaigning.
•  But its success would depend on resolving profound constitutional issues, protecting federalism, and creating mechanisms for the resignation of government prematurely. 

Source  :IE