One Nation One Election: Role of States

Syllabus: GS2/ Constitutional Bodies; Government Policies & Interventions

In Context

• Recently the Union government set up a committee under the leadership of former President of India Ram Nath Kovind to look into the feasibility of simultaneous polls to State Assemblies and the Lok Sabha. 
• The committee is set to examine the ‘one nation, one election’ (ONOE) idea and make recommendations for holding simultaneous elections in the country.

Position of States & ONOE

• Criticisms on ONOE with respect to the role of states:
  • Each of India’s States has different political cultures and parties. Furthermore, this is an attack on and an affront to India’s federalism. 
  • An elected Chief Minister of a State has the powers to recommend dissolution of their State legislatures and call for early elections. 
  • Under a ‘one election’ framework, state parties will not have the right to do this. 
  • These powers will be taken away from the States and only the Union government will have the powers to dictate the election schedule for every State.
• Need of ratification of states:
  • In 2018 the Law Commission of India released a draft report stipulating that simultaneous elections are not feasible within the existing framework of the Constitution. 
  • The Commission highlighted that a constitutional amendment to this effect must receive ratification from at least 50% of the States. 
• Objective of recently constituted committee:
  • Committee’s one of the objectives is to examine and recommend if the constitutional amendments required to facilitate simultaneous elections would require ratification by the States.
  • This has raised concerns since the implementation of such a proposal only through a vote in the Parliament where the union government is in majority, without the consent of the States would have an adverse impact on federalism.

Process of Amending the Indian Constitution

• Article 368 of the Indian Constitution governs the process of amending the Constitution.
• Constitutional amendments can take place through three different procedures:
• Simple Majority: Some provisions in the Constitution can be amended in the same way ordinary legislations are passed— through a simple majority of those present and voting in each House of the Parliament; it does not require a specific quorum. 
• Special majority: For amending provisions not within the first category, Article 368 stipulates that they can be affected by a prescribed ‘special majority,’ i.e., not less than two-thirds of the members present and voting in each House of the Parliament as well as by a majority of the total membership of each House.
• Ratification of states:
  • A third category requires both a ‘special majority’ and ratification by at least one-half of the State legislatures. 
  • No specific time limit for ratification by the State legislatures has been specified but resolutions ratifying the proposed amendment should, however, be passed before the amending Bill is presented to the President for his assent.

Constitutional Amendments that Require Ratification by States

• The Constitutional provisions that require ratification in order to be amended are specifically listed in the proviso to Article 368(2) and pertain to the federal structure of the Constitution. They are commonly referred to as ‘entrenched provisions’ and are as follows—
  • If there is a change in the provisions regarding elections to the post of the President of India (Article 54 and 55).
  • If there is a change in the extent of the executive power of the Union or the State governments (Article 73 and 162).
  • If there is any change in the provisions regarding the Union judiciary or the High Courts. (Articles 124–147 and 214–231).
  • If the distribution of legislative and administrative powers between the Union and the States is affected (Article 245 to 255).
  • If any of the Lists in the Seventh Schedule is affected.
  • If the representation of the States in the Parliament is changed (Article 82).
  • If Article 368 itself is amended. 

Significance of Limited Role of States in Constitutional Amendments

• Dr. B.R Ambedkar cautioned that permitting all constitutional amendments to take place by a simple majority would defeat the principle of separation of powers among the three organs of the State.

Way Ahead

• Simultaneous election is an idea whose time has come. However, since the issue is concerned with the federal structure of the Constitution, it needs to be discussed and debated properly across the political spectrum to assuage the concerns of regional parties.