Don't reject 'ONOE' outrightly

Free Thinker *

One argument against the idea of ‘One Nation, One Election’ (ONOE) is that Bharat is a diverse country with many States having multifarious aspirations – so, the idea goes against the federal spirit of the country. Our political set-up is neither fully unitary nor completely federal, but partly both. Each State may have unique aspirations but National goals ought to be the same.

The National interest and State interest can’t be dichotomous. Yes, priorities may be different from time to time, but the ultimate National objective can’t be different. ONOE is for National good; its bonafide should not be questioned.

Another argument is that elections must be held whenever and wherever the Government loses majority, as envisaged in our body politic and Constitution. Yes, the new scheme also says the same but the only difference is that the term of any mid-term poll shall be curtailed as per the stipulated ONOE deadline (calendar).

If Lok Sabha or State Assembly is dissolved before the end of its full five year term, a midterm election shall be held. But the newly elected Lok Sabha or State Assembly will only serve for the remaining period i.e., till the next scheduled simultaneous election (5 yearly term is already fixed). The period between such midterm polls and the Schedule general election shall be called ‘unexpired term’.

The issue of ‘one Nation, one election’ is a fermented one. Before the Kovind Committee recommended it, it was already suggested by the Law Commission in 1999 and also qualified by a Parliamentary Committee in 2015.

Only a few days back the Union Cabinet cleared it. Now the Union Government is going to implement it – but how ? Constitutional experts are of the opinion that at least two Constitution amendments will be required for the implementation of this scheme.

Whether you like it or not this Government takes decisive decisions (for Manipur also – they will). We have seen-Article 370 was scrapped, Triple Talak abolished, Ram Mandir built, New Parliament constructed; Uniform civil code under trial in a State – coming soon. Now they are on the job for a simultaneous poll for Lok Sabha, State Assembly and local bodies.

In the 1950s Parliament election and State elections were held simultaneously. Later because of early dissolutions of State Assemblies, synchronous elections could not be conducted. Even the Lok Sabha tenure became erratic–due to Emergency and later because of early dissolutions of Lok Sabha.

This is not going to be an easy task for the present NDA Government to pass two Constitution Amendments in Parliament. They really don’t have the requisite number both in Rajya Sabha and Lok Sabha. But it is pertinent to mention here that the Ram Nath Kovind Committee took the views of 47 Political Parties - 32 Parties had suppor- ted the idea of ONOE. Now let us see how it unfolds in the near future since the Union Cabinet has taken a decision.

For a Constitutional Amendment 2/3 majority is required in both the Houses of Parliament. In the Upper House if there is full strength the required number is 164 out of 250. In the Lower House the requisite number is 362 out of 543 i.e., full strength.

However two conditions have to be fulfilled under Article 368 of the Constitution. First, half of the total membership of both Lok Sabha and Rajya Sabha must vote in favor of the amendment. Second, of the Mem- bers present and voting, 2/3 votes must be in favor of the amendment.

In order to implement this scheme the ECI has to roll out a single electoral roll for each territorial constituency for Lok sabha, State Assembly, Panchayat or Munici- pality. This unified electoral roll has to be prepared by ECI in consultation with the State Election Commissions.

A second Constitution Amendment will also be required for the conduct of Panchayat and Municipal elections within 100 days of the General election. This Constitution Amendment shall ensure that local body elections are also held within the stipulated time. Since Panchayats and Municipalities are State subjects – this Constitution amendment shall require ratification from at least half of the States .

This Constitutional formality is also required as the election for Panchayats and Municipalities are going to be held almost simultaneously with the State (Assembly) and Parliament (Lok Sabha) election.

As per the road map given by the Ram Nath Kovind Committee, the President will issue a notification after the completion of Constitutional formalities and accordingly new Article or Articles shall be added to the Constitution - for enabling simultaneous election.

Opponents of ONOE may still argue that imposing an election calendar and limiting the people’s mandate to 5 years (by the provision of unexpired term) in case of a midterm poll undermines the will of the people in liberal democracy. Perhaps we have forgotten that – this has to be cleared by Parliament, by the people’s representatives.

To pass Constitution Amendments in both the Houses of Parliament is no joke, when the Ruling Alliance’s number is much below the required figure. ONOE will certainly save National time, energy and resources.

But our poor voters will be deprived of frequent poll tips and to be tipsy. I am in a dilemma to decide whether to stand with the Nationalistic Gujarat boys or with the poor hungry people eagerly waiting for election freebies as often as possible.