By Nethra Katikaneni

Abstract

The main focus of this article is to explore the existing election laws and procedures in India at
both the national and state levels with the connection of examining it from the Government’s
proposal ‘One Nation, One election’ which has been discussed many times from different bodies
such as the Election Commission, The Law Commission and parliamentary commentaries. It also
talks about the changes needed to align with this proposal thereon.

Introduction

In India, elections are conducted in accordance with several laws and guidelines. While state and
national elections are conducted differently, there are many similarities between the laws
governing the conduct of state and national legislature elections. The Representation of the
People Act, 1951 provides for the conduct of elections to the Parliament and State Legislatures,
qualifications, disqualifications, various offences, and various disputes etc. Conduct of Election
Rules, 1961 covers every aspect of election administration and is responsible for issuing writ
notifications for holding elections, submitting nominations, reviewing nominations, and

withdrawing candidates. This regulation also applies to polling and vote counting. Election
Symbols Order, 1968 is the order which empowers the Election Commission to recognize
political parties and allot them symbols. The Indian Constitution’s Article 326 guarantees adult
suffrage, meaning that any male and female citizen who is at least 18 years old is eligible to cast
a ballot. When India’s constitution was adopted in 1949 and put into effect in 1950, the rule of
adult franchise was adopted. The Anti-Defection Law in India is a crucial legal framework aimed
at maintaining the integrity of the electoral process and ensuring political stability. It is a set of
provisions aimed at combating the practice of elected representatives switching parties after their
election, commonly known as defection. The law was introduced to preserve the stability of the
political system, prevent political instability arising from opportunistic defections, and uphold
the integrity of the electoral process enshrined in the Tenth Schedule of the Constitution of India.
Under the Anti-Defection Law, a member of a House (Parliament or State Legislature) is deemed
to have defected if they voluntarily give up their membership of a political party or disobey the
directives of the party’s whip on a vote. There are certain exceptions to defection that do not
result in disqualification. For instance, if one-third of the members of a party defect, it is not
considered defection. Additionally, if a member splits from their party and merges with another
party, they are not disqualified.

Election procedure in India

A democratic and constitutional body is necessary to hold free and fair elections. With India
being the largest democracy, managing and administering elections takes enormous work and the
statutory organization that handles all this is the Election Commission of India. The Indian
Constitution’s Articles 324 to 329 address elections in India. To guarantee that India is governed
by its true democratic perspective, officials involved in the supervision and conduct of free, fair,
and peaceful elections to the House of People and the State legislative assemblies must adopt a
realistic, practical, and adaptable approach. Article 324 addresses elections for state legislatures,
the national assembly, and the positions of president and vice president. With the Election
Commission as the apex body, elections at various levels, including national, state, and local, are
conducted in a democratic and transparent manner. Voter registration forms the foundational
step, where eligible citizens enroll themselves to participate in the electoral process. Once
registered, political parties or independent candidates nominate themselves within specified
timeframes, subject to scrutiny by election officials. Following the nomination process, a period
of election campaigning ensues, during which parties and candidates engage with voters to solicit
support while adhering to the Model Code of Conduct. On the designated polling day, voters cast
their votes through Electronic Voting Machines (EVMs) or Ballot Papers, with provisions made
for absentee voting and accessibility for people with disabilities. Post-polling, votes are counted,
and results are declared under the supervision of election observers appointed by the Election
Commission. Disputes regarding the election process are addressed through legal channels,
ensuring the integrity of the electoral process.

Decoding One Nation, One election and its feasibility

One Nation One election is among the critical reforms in the current central government’s
agenda. In fact, the former President of India, Ram Nath Kovind, in his address to Parliament in
January 2018, mentioned this as one of the reforms proposed by the government. He said that
citizens are concerned about frequent elections in one part of the country or another, which
adversely impacts the economy and development. Its main goal is to lessen the number of polls
conducted across the nation by coordinating the dates of the Lok Sabha and State Assembly
elections in every State. Up until 1967, this idea was followed, but it was interrupted for several
reasons, including defections, firings, and government dissolutions. The Constitution’s Article
83(2) and Article 172 provide that the terms of the Lok Sabha and State Assemblies,
respectively, are for five years unless they are dissolved sooner. However, there are several
situations, such as those mentioned in Article 356, in which an assembly may be dissolved
prematurely. According to the Law Commission led by Justice B. S. Chauhan, concurrent
elections are not possible under the current Constitution. It stated that to hold simultaneous
elections, the Representation of the People Act of1951, the Constitution, and the Rules of
Procedure of the State and Lok Sabha would need to be amended appropriately. Additionally, the
group suggested that ratification be obtained from at least 50% of the States, which could not be
a simple undertaking.

President Droupadi Murmu has received the report from the high-level commission headed by
former President Ram Nath Kovind, which was tasked with assessing the feasibility of “One
Nation, One Election.” Following lengthy discussions, the committee suggested holding the state
assembly and Lok Sabha elections at the same time, with local elections to be held within a
period of hundred days. The analysis shows that legal and electoral experts have differing
opinions. The views of former High Court Chief Justices and state election commissioners
differed greatly, even though all four former Chief Justices of the Supreme Court—Justice Dipak
Misra, Justice Ranjan Gogoi, Justice Sharad Arvind Bobde, and Justice UU Lalit endorsed the
idea and expressed their written support for simultaneous elections. Three ex-High Court Chief
Justices expressed reservations against the proposal, citing potential threats to democratic
practices and principles, risk to India’s federal structure and distortions in voting patterns.

Changes to existing laws for aligning simultaneous elections

This report underlined the necessity of reestablishing the simultaneous election cycle and pointed
out that holding multiple elections annually puts a heavy load on several stakeholders, such as
the government, corporations, labor unions, courts, political parties, candidates, and civil society.
The group suggested holding simultaneous elections in two stages. Elections to the State
Legislative Assemblies and the House of the People should be coordinated as the first phase. The
elections for Municipalities and Panchayats should be coordinated with the House of People and
State Legislative Assemblies as the second step. There were proposals to change the Constitution
which included adding Article 324A, which would allow for simultaneous elections in
municipalities and panchayats, and amending Article 325, which would establish a single

electoral roll and single voter photo identity card. According to the Law Commission’s
proposals, it would require amending Articles 83, 85, 172, 174, and 356 of the Constitution.
Article 83(2) and Article 172 provide that the terms of the Lok Sabha and State Assemblies,
respectively, are for five years unless they are dissolved sooner. However, there are several
situations, such as those mentioned in Article 356, in which an assembly may be dissolved
prematurely. It was also recommended in the Law Commission’s 2018 draft report that the
constitutional revisions be ratified by at least 50% of the States regarding simultaneous elections.

Conclusion

Since the concept of “One Nation, One Election” has the power to reset the federal government
and modify the foundations of democracy, it is imperative that the legal concerns be investigated
at the earliest. To conclude, conducting simultaneous elections can reduce the overall costs of
elections since resources can be utilized more efficiently. It can also lead to higher voter turnout
as voters would only need to go to the polls once for all levels of government, reducing voter
fatigue and logistical challenges. But there are also risks involved in this process whereas it
might overshadow regional issues with national concerns, as voters might prioritize issues
discussed at higher levels of government over local matters. This idea of simultaneous elections
could strengthen dominant political parties as voters might vote consistently across different
levels of government favoring the same party. Therefore, simultaneous elections have several
implications wherein they could influence the political landscape and government structure of
the country.

Author’s Bio

Nethra Katikaneni is a law student at Jindal Global Law School, OP Jindal Global University
and is a columnist at Nickeled and Dimed.

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Election.webp