One Nation One Election: Here Are The Key Challenges That Govt May Have To Face For Implementing Simultaneous Polls

The Centre on Friday (1 September) constituted a committee headed by former president Ram Nath Kovind to explore the possibility of 'One Nation, One Election' which envisages the holding of general election and state Assembly elections simultaneously.

Announcing the decision by the government, Union Parliamentary Affairs Minister Pralhad Joshi said, "Right now, a committee has been constituted. A report from the committee will come out which will be discussed. The Parliament is mature, and discussions will take place, there is no need to get nervous," ANI reported.

However, the government will face several key legal challenges for implementing the 'One Nation, One Election" idea, including sweeping changes to the Constitution, new pieces of legislation, consensus among states, and navigating uncharted territory post-election.

The first challenge in implementing simultaneous polls is the constitutional limit of a five-year term for the Lok Sabha and state Assemblies.

Articles 83(2) and 172(1) of the Constitution specify a term of "five years" and "no longer" for these bodies, with few exceptions for premature dissolution due to a government collapse.

Sections 14 and 15 of the Representation of People's Act, 1951, which governs the election process, also require the Election Commission to adhere to the five-year limit set by the Constitution.

While the term of a House can be shortened through dissolution, an extension would necessitate a substantial Constitutional amendment.

Such an amendment would require a two-thirds majority in both Houses of Parliament, and while the consent of half the states may not be necessary, their consensus would be crucial in the case of early assembly dissolution.

The imposition of President's rule in a state, as prescribed by Article 356 of the Constitution, is a rare occurrence and is used to delay elections in a state.

This power can only be exercised by the President on the recommendation of the Governor, and it can only be done when there is a "breakdown of the constitutional machinery" in the state, Indian Express reported.

It may also require an amendment to the Constitution.

Even with changes in the law, there are still critical issues that arise after elections.

One such issue is the possibility of a hung assembly, where no single party emerges as the largest in the elections, leading to early polls.

For instance, in 2015, Delhi had early polls when the Aam Aadmi Party government collapsed just 49 days into its term after the Congress party withdrew its support in 2014.

Defections under the Tenth Schedule also play a significant role in elections between fixed terms.

When an elected member changes his/her party, he/she have the option to contest fresh polls and re-enter the House.

In a draft report in 2018, the Law Commission proposed midterm polls only for the remainder of the term, in order to maintain the five-year schedule of simultaneous polls.

Mid-term polls can also occur when Chief Ministers or the Prime Minister face a vote of no-confidence in the House.

The Lok Sabha has witnessed at least seven instances of mid-term polls. For example, the 12th Lok Sabha was dissolved in 1999, just 13 months after the government was formed, when then Prime Minister Atal Bihari Vajpayee failed to secure a vote of trust in the Lok Sabha.