Simultaneous Polls Do Not Violate Constitution’s Basic Structure

Syllabus: GS2/Polity and Governance

Context

• Former Chief Justice of India B.R. Gavai said that the Simultaneous elections do not violate the basic structure of the Constitution or its federal framework.

About

• He told this to the Parliament’s Joint Committee reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024.
• Former CJI Argument: 
  • The legislation brings “only a change in the manner of elections once”, which does not breach the basic structure doctrine. 
  • The structure of elections and voter rights remain the same and therefore the amendment would be constitutional. 
  • He further explained that it is well within Parliamentary competence to bring in such a law.

Background

• Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment), known as the One Nation One Election Bills were introduced by the Law Minister in 2024.
• The Bills provide for synchronising the Lok Sabha and Assembly elections by curtailing the terms of state assemblies that are elected after a particular Lok Sabha to end with the term of that Lok Sabha.
  • Once the terms of the legislatures align, the next general election will be held simultaneously.
• The bills were referred to the Joint Parliamentary Committee to ensure that the Bills do not disturb the basic structure of the Constitution.

What are Simultaneous Elections?

• Simultaneous Elections (One Nation One Election) refer to the idea of holding Lok Sabha and State legislative assembly elections together, with the aim of reducing the frequency of elections and their associated costs.
• Simultaneous elections in India to the Lok Sabha and State Legislative Assemblies were held in the years 1951-52, 1957, 1962 and 1967. 
• Thereafter, the schedule could not be maintained and the elections to the Lok Sabha and the State legislative assembly have still not been realigned.

Arguments In Favour of One Nation One Election

• Reduced Expenditure: It will reduce the huge expenditure incurred for conducting separate elections every year.
• Streamlined Process: Managing one election cycle is logistically simpler than conducting multiple elections at different times. This can lead to more efficient use of administrative resources.
• The problem of frequent elections leads to imposition of Model Code of Conduct (MCC) over prolonged periods of time which affects the normal governance. Simultaneous elections can overcome such issues.
• The focus on governance will increase, instead of being constantly in election mode.
• Direct Accountability: With simultaneous elections, voters can hold parties accountable for both central and state governance at the same time, making it clearer how local and national policies impact their lives.
• Strengthens Cooperative Federalism: A harmonised electoral calendar encourages coordination between the Union and States, ensuring policy stability and reducing political friction from perpetual campaign cycles.

Arguments Against One Nation One Election

• Logistical Challenges: All states and the central government face massive logistical challenges including coordinating the schedules, resources etc.
• Local Priorities: It may help the dominant national party at the cost of regional parties and regions issues can be overshadowed by the national issues.
• Complex Reforms Needed: Implementing simultaneous elections would require significant constitutional amendments and changes to existing electoral laws, posing legal complexities.
• Federalism & State Autonomy: Synchronising terms effectively curtails or extends the tenure of State Assemblies, which undermines the constitutional autonomy of states.

Way Ahead

• Synchronized polls for all 3 tiers of government will improve governance architecture. It will enhance “transparency, inclusivity, ease and confidence of voters.
• The law commission is likely to recommend holding simultaneous polls for all three tiers of the government – the Lok Sabha, state assemblies and local bodies like municipalities and panchayats – starting 2029.

Source: TH