Perpetual Dance Of Democracy
By Poonam I Kaushish
Its’ party time folks as India readies for its greatest nautanki of democracy: General elections April-May. Amidst the bugle sounding BJP’s rallying cry for ‘Ab ki baar 400 paar’ and Congress President Kharge warning it could well be the last election and death knell for federalism, Ex-President Kovind Committee’s 320-pages report recommending a two-step electoral process: Lok Sabha and Assemblies elections followed by municipal and panchayat polls within 100 days has caught the zeitgeist this week.
Including the suggestion that once the appointed date to bring into force provisions for transition to simultaneous polls is fixed, “tenure of all State Assemblies constituted in any election after the appointed date would come to an end on expiry of Lok Sabha’s full term irrespective of when an Assembly was constituted.” Moreover, Constitutional amendments to this effect would not need ratification by States.
Questionable are we moving to ‘One nation, One Election?’ Specially as the country has witnessed 400 polls to Lok Sabha and State Assemblies till date. And given Law Commission had thrice — 1999, 2015 and 2018 — argued for simultaneous elections to “free citizens, Parties and Government from encumbrance of asynchronous elections.
Ditto Parliamentary Committee 2016 which said holding simultaneous elections would reduce massive expenditure incurred in holding polls, underscored by Election Commission pegging cost of holding simultaneous elections at Rs 4,500 crore.
Undeniably, simultaneous elections could be economically viable and a big saving for exchequer. Welcome, as it would help avoid disruptions in governance and policy paralysis due to frequent polls as once a Party is elected and Government formed it can get down to work, take hard decisions in public interest and concentrate on delivering good governance without worrying about its impact on vote banks.
Think. Several good initiatives are dumped due to electoral considerations lest it upset a caste, community, religion or region. All, becoming victims of policy shutdown, mismanagement and poor implementation.
Let’s face it. Post 2019 Lok Sabha elections, we witnessed 35 State Assembly polls. Now alongside Lok Sabha we have Odisha, Andhra, Arunachal and Sikkim followed by Maharashtra-Haryana October, Jharkhand November. February 2025 Delhi and December Bihar goes to polls.
With 15 Parties opposing the report, challenge is the procedural details and Government’s disregard of citizens’ right to removing non-performing Governments. Besides, fear it militates against the federal structure of multiple diversities and Constitution’s spirit along-with complex legal procedures that Kovind report proposes for bringing Constitutional amendments which needs to be weighed carefully to allay fears of “infringing federalism.”
More. Opposition perceives one-nation-one-poll as imposition of BJP;s political agenda and extension of its ideological preference for homogeneity and uniformity vis-à-vis faith, customs, language, dress and diet given federal relations are fraught in rival ruled States. And it hinders political accountability and performance scrutiny.
Recall, post Independence, elections to Lok Sabha and State Assemblies were conducted simultaneously October 1951-May 1952 until Nehru Cabinet blotted the copybook by dismissing CPI-led Government in Kerala 1059. But with political instability gaining ground in the sixties, the cycle of simultaneous elections got disrupted.
While Punjab, Bihar and UP couldn’t complete their tenures on three occasions between 1967-1980, Odisha Assembly witnessed five elections during that period and West Bengal Assembly four elections 1967-1972. Resulting in many unstable Governments at Centre and States, leading to early dissolution of Lok Sabha or Assemblies whereby India could never go back to holding simultaneous elections again.
Moreover, expenditure spiralled, doubling to over Rs 23 crores in 1980, further doubling to Rs 54 crores 1984 and Rs 154 crores 1989. In 1991expenses shot up to Rs 359 crores, 1999 to Rs 880 crores, 2004 Rs 1300 crores, 2014 Lok Sabha elections Rs 30,000 crores and staggering Rs 60,000 crores in 2019.
However, the legal and Constitutional position on Lok Sabha/ State Assembly term is challenging and requires amendments, including ratification by States to avoid future legal confrontation. An example: Article 83(2) and 172(1) aver Lok Sabha/ State Assembly term respectively should be for five years from date of its first sitting.
But, both do not have a fixed term and can be dissolved earlier. Further, the provisos allow extension of Parliament/Assembly’s term for six months at a time following a ‘proclamation of emergency.’
Besides, Article 356 allows Centre to bring a State under President’s rule by prematurely dissolving its Assembly. But, the Anti-Defection Act, 1995 and Supreme Court placed several safeguards to prevent misuse of this power.
Kovind’s proposal is not finding takers among INDIA Parties. Why should we agree to truncated tenure of our State Government, is a common refrain. They believe Government’s motive of simultaneous elections is to bridge BJP’s weakness in Southern States where it is hampered byt linguistic sub-nationalism and ideology.
“It is motivated by political considerations, as when concurrent elections are held voters tend to vote for the same Party. BJP knows it has unparalleled dominance at national level. Also, poll issues at Centre and States are different which would create confusion. A Party could be deserving of support at the Centre for its policies and performance at the national level. Yet, it could be deserving of popular punishment and defeat for its policies and performance at State level. Also, this fractious process would strain our federal fabric,” said a Congress leader.
Some argue a fixed term for Lok Sabha/ State Legislatures goes against Parliamentary democracy’s basic tenets. What happens if after simultaneous polls, an Assembly’s five-year term is interrupted by political realignments? Clearly, this would help the dominant national Party at the Centre and disadvantage the regional player.
What happens if a Government falls at the Centre or State mid-term? Or if a Government enjoying people’s mandate is voted out, it would continue to hold office or be replaced by another Government, which might not necessarily enjoy the popular mandate?
Plainly, a Government which lacks the confidence of the House would be foisted on people, with no say in the matter. Smacking, of de facto dictatorship or monarchical anarchy, an idea which translates into unrepresentative governance. It would impose artificial fixity on legislatures terms at Centre and States which is at odds with a system given its staggering diversity.
To avoid this EC suggests a no-confidence motion against a Government must come alongside a confidence motion for another Government and Prime Minister and voting for both motions done simultaneously. Ditto in State Assemblies.
As and when India ushers in ‘One Nation, One Election’ it will not be the first country to do so. In Germany, Bundestag (Lower House), Landtags (State Assembly) and local elections are held simultaneously. Philippines, too conducts simultaneous elections every three years, though it has a Presidential form of Government.
True, there are cogent arguments on either side: Development vs accountability? Electoral expenses vs political choices? Governance vs electoral fairness? Given how elections have an almost talismanic power in the country’s democracy the stakes couldn’t be higher.
Remember, elections are the bedrock of our democracy, we should avoid polls duplication. With States perpetually in election mode, managing Government is akin to running with the hare and hunting with the hound. India’s democracy should not be reduced to a tu-tu mein-mein between Parties all the time. — INFA