Varshunn Bhan Miskeen

Hidaytaullah National Law University

BALANCING ONE NATION, ONE ELECTION WITH INDIAN

FEDERALISM: A LEGAL & POLITICAL PERSPECTIVE

RESEARCH METHODOLOGY

RESEARCH PROBLEM
The research problem in this article is to understand the proposal for "One Nation, One
Election" (ONOE) in India, focusing on its multifaceted implications within the framework of
Indian federalism, including the impact on governance, policy continuity, election costs, and
regional interests

RATIONALE
This article's rationale lies in the critical examination of India's "One Nation, One Election"
(ONOE) proposal within the context of its political landscape and federalist structure. In
essence, it underscores the significance of a balanced and informed approach to a major
electoral reform that could shape India's political future.

MODE OF CITATION
Throughout the project, a consistent citation style, the 20th bluebook citation format, is used.

RESEARCH DESIGN

NATURE OF STUDY
The essence of this Research Project is critical and analytical.

DATA RESOURCES
Primary sources such as surveys and interviews, as well as secondary sources such as books,
journals, and e-articles, are all used to gather information on the subject.

COLLECTION OF DATA METHOD

The information was gathered in a non-doctrinal manner.

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 Varshunn Bhan Miskeen
Hidaytaullah National Law University

INTRODUCTION: THE PURSUIT OF SYNCHRONIZED ELECTIONS

The concept of "One Nation, One Election" (referred to as 'ONOE' hereafter) has
emerged as a significant reform initiative within the current political landscape of India.
This ambitious proposal, backed by the central government, aims to harmonize the
scheduling of elections for the Lok Sabha (national parliament) and State Assemblies
across all states, effectively reducing the frequency of electoral events throughout the
nation. While this idea has garnered substantial attention, it is crucial to analyze its
implications within the context of Indian federalism, which is a fundamental pillar of the
country's democratic framework.

THE FEDERALISM QUOTIENT: FEDERALISM'S ROLE IN INDIAN DEMOCRACY

Indian federalism is defined by the allocation of powers and duties between the central
government and individual states. The Constitution of India explicitly delineates this
division of authority, as evidenced by Article 1, which establishes India as a "Union of
States." In India, federalism recognizes the varied requirements and distinct identities of
its states, promoting a collaborative framework to facilitate governance customized to
the unique characteristics of each region.

FEDERALISM AND ONOE: EXAMINING THE CENTRAL IDEA

The core concept behind ONOE centers on aligning national and state-level elections for
the purpose of simplifying the electoral procedure. This used to be the standard practice
until 1967 when disturbances arose due to defections, dismissals, and government
dissolutions. To gain a comprehensive understanding of the ONOE proposition, it is
imperative to grasp its implications for the fundamental tenets of Indian federalism. 1

BENEFITS OF ONOE IN THE CONTEXT OF FEDERALISM

1
M. P. Jain, Federalism in India, 6 JOURNAL OF THE INDIAN LAW INSTITUTE, 355–379 (1964).

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 Varshunn Bhan Miskeen
Hidaytaullah National Law University

"In a federal structure, power-sharing arrangement has to be such that

the Centre is strong enough to prevent secession, while the states are
strong enough to maintain their autonomy."
-Atal Bihari Vajpayee

1. Focused Governance:

ONOE holds the promise of allowing the government to focus on governance after
elections, alleviating the persistent electoral disruptions that affect the nation. Presently,
elections happen frequently, diverting the focus of political leaders and administrators
from their governing responsibilities. This diversion has an adverse effect on India's
prospects for progress. Consequently, achieving a more manageable equilibrium in
governance at both the central and state levels becomes feasible without the perpetual
cycle of elections.

In the landmark case of S.R. Bommai v. Union of India 2, the Supreme Court
underscored the significance of targeted governance within the federal system, stressing
that the removal of a state government under Article 356 should only be considered when
all other options have been exhausted, with the aim of minimizing interruptions in
governance. The court's ruling emphasized the importance of cooperative federalism and
safeguarding regional concerns, ensuring the smooth and efficient operation of state
governments.

2. Continuity in Policy Decisions:

The Model Code of Conduct (MCC) is enforced soon after elections are announced,
prohibiting new policy decisions. This leads to delays in critical policy implementations,
both at the central and state levels. Even ongoing projects may face disruptions as
officials become preoccupied with election-related duties, neglecting routine
administration.

2
S.R. Bommai v. Union of India, AIR 1994 SC 1918.

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 Varshunn Bhan Miskeen
Hidaytaullah National Law University

The Rameshwar Prasad v. Union of India 3 case focused on enhancing transparency in

electoral procedures. While it did not directly tackle the issue of policy continuity, it
indirectly underscored the significance of effective administration. The Supreme Court's
verdict stressed the vital role of transparency in matters related to elections, highlighting
its essential contribution to the conduct of fair and free elections, which is an integral
aspect of the broader governance framework.

3. Reduced Cost of Elections:

Frequent elections necessitate significant fundraising efforts, contributing to political

corruption. Conducting elections simultaneously has the potential to substantially lower
the financial burden on political parties and the Election Commission. This reduction in
fundraising pressures could alleviate the strain on both the general public and business
communities.

In the case of M. Karunanidhi v. Union of India 4, the Supreme Court addressed fiscal
federalism, which is closely linked to the cost of elections. Although the case primarily
focused on the distribution of financial resources between the central and state
governments, it indirectly emphasized the importance of efficient resource allocation,
including election expenses, to maintain a balanced fiscal federalism.

4. Reduced Deployment of Security Forces:

To ensure law and order during elections, a substantial number of police officers and
paramilitary forces must be deployed. Coordinating elections could result in substantial
cost savings and release law enforcement personnel to concentrate on their primary
duties.

In the Samsher Singh v. State of Punjab (1974) 5 case, the significance of upholding law
and order and the essential deployment of security forces were emphasized. Although
synchronized elections were not directly addressed, the case underscored the state

3
Rameshwar Prasad v. Union of India, (2006) 2 SCC 1.
4
M. Karunanidhi v. Union of India, 1979 AIR 898.
5
Samsher Singh v. State of Punjab, 1974 AIR 2192.

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 Varshunn Bhan Miskeen
Hidaytaullah National Law University

government's responsibility for maintaining security and the imperative of preventing

disruptions to everyday governance.

FEDERALISM AND THE CHALLENGES OF ONOE

1. Feasibility:

The implementation of ONOE faces practical challenges because the Constitution

specifies that Lok Sabha and State Assembly terms span five years, with provisions for
dissolution under specific circumstances. If a government collapses midway, questions
arise regarding whether elections should be conducted in every state or if President's rule
should be imposed.

2. Against the Idea of Federalism:

The ONOE concept contradicts the foundational principles of Indian federalism, which
envisions India as a "Union of States." This incongruity raises concerns about the
interpretation of Article 1 of the Constitution.

3. Legal Challenges:

The Law Commission, led by Justice B. S. Chauhan, has determined that conducting
simultaneous elections is unworkable within the existing constitutional framework. It
would necessitate amendments to the Constitution, the Representation of the People Act
1951, and the Rules of Procedure of Lok Sabha and State Assemblies. Additionally, it
would require ratification by a minimum of 50% of the states.

4. Overshadowing Regional Interests:

Simultaneous elections may risk diminishing the distinctive demands and unique needs
of individual states. Research indicates a significant likelihood that the political party
winning a state's elections would also dominate both Lok Sabha and Assembly elections
when held concurrently.

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 Varshunn Bhan Miskeen
Hidaytaullah National Law University

THE WAY FORWARD

To navigate these challenges and implement ONOE effectively while respecting Indian
federalism, several steps need to be taken:

1. Constitutional Amendments:

To facilitate concurrent elections, amendments must be made to the Constitution, the

Representation of the People Act 1951, and the Rules of Procedure governing the Lok
Sabha and State Assemblies. Achieving this would necessitate securing a two-thirds
majority in both houses of Parliament and gaining approval from at least half of the
states.6

2. Aligning Electoral Cycles:

Harmonizing the election schedules of the Lok Sabha and State Assemblies, either by
extending or shortening their terms, as part of a one-time constitutional modification.

3. Legal Framework :

Instituting a legal framework to address various scenarios that might arise during
synchronized elections, such as no-confidence motions, untimely dissolution of
assemblies, hung parliaments, and other contingencies.

4. Voter Awareness:

Enhancing public awareness regarding the advantages and challenges associated with
simultaneous elections, ensuring that voters can exercise their franchise without
confusion or inconvenience.

6
B. N. Srikrishna, Beyond Federalism, 38 INDIA INTERNATIONAL CENTRE QUARTERLY, 386–407 (2011).

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 Varshunn Bhan Miskeen
Hidaytaullah National Law University

CONCLUSION

The adoption of ONOE is a significant undertaking that demands meticulous deliberation

while honoring the tenets of Indian federalism. Hastening this reform without a
comprehensive examination, data analysis, and the gathering of input from voters,
opposition party figures, and regional parties could yield substantial repercussions.
Ultimately, the decision on whether "One Nation, One Election" is in harmony with
India's multifaceted and democratic values should arise from a thoughtful and
democratic process that upholds the essence of federalism while aiming to improve the
nation's electoral framework.