By Archana Pandey from Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith
India is a Democratic and Republic country having its definite and codified constitution and also a constitutionalism in the country. There is a difference in Constitution and Constitutionalism. The Constitution refers to a document having legal identity established precedents and a specific structure which regulate function, structure and method of governance. Constitutionalism is an implementation of the constitution while using power prescribed in the constitution with imposing ongoing restrictions on the same. The common and important concept of representing the constitution is conducting Universal Adult Franchise.
According to Article 21 of Indian Constitution each and every person must be a resident of India who has attained the age of 18 is entitled to give his or her vote in favor of any member or party whom he or she seems fit. In India the elections for different positions and different states has different timelines. There is a specific date and time is specified like election of Prime Minister and its assembly is on another time frame, election for Rajya Sabha has its own timeline, election of state legislatures are on different time frame as there is no uniformity in elections. There is a proposal passed by the National Democratic Alliances to have one nation and one election theory in the nation. There are both pros and cons of this theory as it is a diversified society with different mindset. The biggest problem here is to cope with everyone’s expectations.
One Nation one election is a proposal to organize elections one time to all over the nation. According to the current electron process of India there is a specific time decided to conduct elections for State Legislatures, Centre, Rajya Sabha, and many other statues. Some legal Framework which has to be amended if this theory needs to implement like Article 172 and Article 83 which talks about the tenure of Lok Sabha, State Legislatures and other statutes till they does not dissolve sooner, Article 85 which gives power to the president that he can adjourn any of the house and can also describe the tenure, and Article 356 which came into force if any government fails to continue governance and there is a need of presidential rule.
- Money saving: When the elections all over India with a span of different time duration then number of money has been used in organizing polling booths, machineries, imposing police forces, propaganda and other election processes so if the elections will held at one time then the excessive and relevant use of that money can be saved and can be used it anywhere else.
- Speedy Developmental Work: Any government either Central or State, is going to plan a big project and try to launch it before the upcoming elections become a barrier in the same. If the elections were not held at a particular time then there will be an ambiguity in working of government policies making and enforcement of that policies and rule and order.
- Reduction in black money: During elections a lot of black money is converted into white money as there are more chances for black money conversations if the elections were held at different times in the nation.
- Political stability: When the elections were held at one time in the whole country then for that particular time period the government all over India will remain the same and there will be no instability in law and order because there is no distraction to the parties and they can be more focused on their work.
- Increase in economic growth and development: Political stability gives rise to inviting more and more investors in our country and when these investors find that the law and order is stable and there no problem will occur if they invest in a particular country because of a change policy of contract and trade relations their confidence increases.
- Efficiency in governance when the elections are held at one time in the whole nation then all the leading parties and ruling parties will be more focused on their working areas and not be frightened about any election processes and removal of their party. The government will be able to take tough decisions in the favor of the nation without any internal disturbance in the country.
- Local issues Suppressed: As there are different parameters on which elections of State Assemblies and Nation Assemblies are organized. State elections and leaders will focus on the problems of the local community within the state spherical area but the nation’s elections are held on nationwide issues.
- Problems to regional parties: When the elections are held at one time then it will lead to a rise of national parties as they don’t have to make more efforts on local and national levels. But the evolution of local parties will be diminished as they will not be able to compare with the resources and the propaganda of national parties.
- Election results delayed: As all over India there are so many voters and counting all their votes will lead to a delay in announcing the result of the elections. The officers have to count votes of each and every election so there will be a delay in work and till then there will be an ambiguity in ruling.
- Constitutional problems: In India sometimes one party is unable to form a government so it makes collaborations with different corresponding parties so it may be possible that this collaboration will collapse at any time and it will not be possible to organize all elections at the same time because it will lead to ambiguity in the governance.
- Requirements of huge machinery and resources: To conduct elections at such a great level it is necessary to have all resources and machineries so that there will be no lack of equipment during the elections. It will also demand a huge amount of Police Force and army force so that no illegal actions can be done by any party.
Every situation has its two propositions like a coin. In all these conditions the side which has high merits and fewer demerits will have to get preference. The demerits should not have to remain unresolved but the government or legal statutes must have to try to cure particular demerits. The statutes mus take ideas from the nations where this policy is already enforced and the effects of that policy on that nation are positive. The assembly before implementing any sort of policy must go through the factors and situations like population, diversity, availability of resources and economic structure etc. of our own nation and results of the particular policy in context of India. Then only any policy formulated has a good impact on the nation.
Basu, D.D. (2008). Constitutional Law of India Nagpur: Lexis Nexis
Pandey, J.N. (2011). Constitutional Law of India Lucknow: Eastern Book Company