One Nation One Election Bill Explained for UPSC/GPSC
One Nation, One Election Bill: Key Highlights from Former CJIs' Views
The idea of "One Nation, One Election" (ONOE) has resurfaced in the Indian political and constitutional landscape with the introduction of the Constitution (129th Amendment) Bill. The bill, currently under scrutiny by a Joint Parliamentary Committee (JPC), has attracted critical insights from former Chief Justices of India (CJIs) J.S. Khehar and D.Y. Chandrachud.
For UPSC, GPSC, and other competitive exam aspirants, understanding the constitutional, administrative, and federal dimensions of this development is crucial. This blog provides a detailed, fact-driven, and exam-friendly analysis of the concerns raised, potential reforms suggested, and implications of ONOE from a governance and polity perspective.
Constitutional Validity: Does the Bill Violate the Basic Structure?
The foremost concern with any constitutional amendment is whether it upholds the basic structure of the Constitution. In this case, both former CJIs agreed that the proposed ONOE Bill does not violate this doctrine.
- Justice D.Y. Chandrachud emphasized that simultaneous elections, in principle, are constitutionally permissible.
- Justice J.S. Khehar concurred, asserting that synchronizing elections does not infringe upon federalism or democratic structure.
According to them, the bill does not erode essential features such as parliamentary democracy, separation of powers, or judicial independence. For UPSC aspirants, this is a classic application of the basic structure doctrine laid down in Keshavananda Bharati v. State of Kerala (1973).
Granting Unchecked Powers to the Election Commission
Despite the constitutional soundness, both CJIs raised serious concerns regarding Article 82A(5) of the draft bill. This provision allows the Election Commission (EC) to delay or reschedule elections to synchronize with the national election cycle.
- Justice Chandrachud pointed out that such provisions would give the EC “unbridled and sweeping” powers.
- Justice Khehar warned that postponing elections arbitrarily could reduce the effective term of state legislatures.
Under current constitutional norms, elections must be held within six months of a legislature's dissolution (Article 172). Allowing the EC to alter this for synchronization without checks undermines democratic norms. This issue directly touches on the polity syllabus in UPSC/GPSC — focusing on the role, powers, and limitations of constitutional bodies.
‘Constitutional Silences’ and Ambiguity in Drafting
Another critical concern raised was the presence of “constitutional silences.” Justice Chandrachud flagged the lack of clarity in terms of operational guidelines, especially in cases such as:
- Premature dissolution of state assemblies
- Imposition of President’s Rule or national emergencies
- Legal criteria for postponement of elections
Justice Khehar added that unforeseen circumstances such as internal security threats or health crises (e.g., pandemics) could affect the viability of synchronized elections. He urged that the bill provide specific contingencies and legal procedures for such events.
Need for Checks, Safeguards, and Oversight Mechanisms
To mitigate the risk of executive overreach or misuse by the EC, both former CJIs proposed a set of checks and balances:
- Parliamentary or Council of Ministers’ approval should be mandatory for postponing elections.
- All decisions must be time-bound and based on transparent criteria (e.g., law and order, security situations).
- Legal recourse or judicial review should be available against such decisions by the EC.
These suggestions reflect an emphasis on maintaining democratic accountability and institutional balance, core principles of Indian constitutionalism. Aspirants should link this to the governance and public policy part of the GS-II paper.
Quick Facts for Prelims and Mains
- What is ONOE? A proposal to hold simultaneous elections for Lok Sabha, State Assemblies, and possibly local bodies.
- Historical Background: India held joint elections in 1952, 1957, 1962, and 1967.
- Reason for disruption: Assemblies and Parliament started dissolving at different times due to political instability.
- Article 82A: A proposed new Article empowering the EC to coordinate election schedules.
- JPC Role: A 39-member Joint Parliamentary Committee chaired by P.P. Chaudhary is reviewing the bill.
For prelims, this is an excellent opportunity to revise constitutional provisions, electoral bodies, and past reforms like the Law Commission’s 170th and 255th reports.
Exam-Oriented Issues and Possible Mains Questions
UPSC and GPSC often frame essay or GS-II questions around current constitutional developments. Based on this topic, expect questions like:
- “Discuss the constitutional challenges associated with the ‘One Nation, One Election’ proposal.”
- “Evaluate the powers of the Election Commission under the proposed Article 82A in light of federal principles.”
- “Simultaneous elections can bring efficiency, but also risk undermining federalism. Comment.”
In ethics (GS-IV), candidates may also reflect on institutional integrity, transparency, and accountability in decision-making processes.
Conclusion
The ONOE Bill aims to usher in electoral efficiency, reduce poll-related expenditures, and ensure political stability. However, the concerns raised by legal luminaries like Justices Khehar and Chandrachud underline the importance of designing reforms that preserve constitutional balance and institutional accountability.
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