Yp Lok Sabha
Yp Lok Sabha
Yp Lok Sabha
LOK-SABHA
Work report
1. UCC
Background - Avni Agarwal
Pros-Cons - Shubham
Present Stance of Lok-Sabha/ Present status/Laws related -Yash
2. One Nation One Election
Background - Sahil
Pros-Cons - Arbaz
Present Stance of Lok-Sabha/ Present status/Laws related - Yash
UNIFORM CIVIL CODE
BACKGROUND
In the month of December, 2022, a private member’s Bill was introduced (by BJP) in
the Upper House of the Parliament ‘Rajya Sabha’ namely the Uniform Civil Code in
India Bill, 2020.
Uniform Civil Code (UCC) means a common law governing personal matters like
marriage, divorce, inheritance, succession, guardianship rights, minority rights, etc.
In the past, the British India Government in its Report of 1835 had laid stress on a
common set of laws governing matters relating to crime, evidence, contract. However,
in its wisdom, it chose to leave the personal matters out of such common law
codification
Uniform Civil Code (UCC), the proposed legal framework that seeks to unify the personal
matters has been a topic of debate for years now. It has been established that UCC aims to
codify and apply a uniform legal ideology with respect to personal laws in India. It is still a
longstanding demand of various sect of population as it is often viewed as a step towards
achieving gender justice and equality as it aims to provide a single law for all citizens,
regardless of their background. However, it is not warmly welcomed by everyone and is
being subjected to interference which would be caused to religious freedoms and cultural
practices as a result, argued by the opponent. There is a heated debate spreading around the
whole UCC model with respect to the feature of Secularism guaranteed under the
Constitution and what effects it would leave on the freedom of professing religious rights
and practices. The argument that UCC is ideally based on the idea of Hindu society, being
one of many drawbacks, and imposing thoughts in relation to this specific religion is taking
rounds and connecting its dots to the politics is one matter which leaves this topic high and
hanging.
Now that UCC is being subjected to such debates, the question still hangs as to what its
future will be since optimism and realism refers to two different worlds and there lies a big
gap between the two. Even though progress is being made towards its implementation,
significant challenges remain in achieving consensus among different stakeholders and this
difference does not seem to be going away anytime soon.
This aims to provide a distinction between the personal laws currently governing the
population and the proposed uniform code along with the pros and cons it brings with itself
and how the academicians and policy drafters are comparing it with the idea of Secularism.
ABOUT UNIFORM CIVIL CODE
India has had a long history of personal laws, directing the personal lives of the people based
on the religious scriptures their community follows and this diversity has been one of the
prominent features of the state. On the other hand, Uniform Civil Code, as proposed in the
parliament firstly in 1985 and then subsequently, is a law to formulate and implement
personal laws on all citizens equally regardless of their religion, gender and sexual
orientation and would be applicable in all matters ranging from marriage, divorce, heritage
and adoption. This code comes under the purview of Article 44 of the Constitution of India,
which essentially lays down that the state shall endeavor to secure a Uniform Civil Code for
the citizens throughout the territory of India.
The issue of UCC governing the personal laws of the citizens has been debated since the
time of Independence. The UCC was added as a part of the Directive Principles in the Indian
Constitution, which reflects that it is not legally enforceable but is considered a guiding
principle for the government of India to follow and implement.2 However the code might
attract equality and secularism as its core objective, its opponents are still vary of the view
that it might interfere with the religious ideologies and practices of the people, which raises
the doubts over its implementation and is the reason why it has to be withdrawn every time
being proposed in the Parliament be it in 2019 or 2020.
From the bare reading of the ideologies which UCC promulgates, it aims at protecting the
minor and vulnerable sections of the society, including but not limited to women and
maintenance religious minorities, meanwhile simplifying the segregation created on the
religious beliefs of the citizens in large, and codifying the treatment of marriage, divorce,
succession and inheritance and which has long been governed by different personal rules and
regulations divided across different communities.
PERSONAL LAWS GOVERNING THE CITIZENS TILL NOW
Different communities exist in the different part of this country, and as being one democratic,
secular and diverse country, there already exist various religions and community guidelines
which forms as the basis of governance of personal laws of the people. However, there are
two major laws governing the larger sect of the population, providing different guidelines to
its followers, maybe conflicting at instances, and proving to be an obstacle for the ambitious
policy of uniformity.
One of these policies includes the codified Hindu code bills, which largely reformed the
various sects among religions including Hindu, Buddhist, Jain and Sikh. This code bills
included The Hindu Marriage Act, 19553, The Hindu Succession Act, 19564, The Hindu
Minority and Guardianship Act, 19565 and The Hindu Adoption and Maintenance
Act,19566, providing for almost all the ambits of the governance of personal laws on a vast
majority of the population.
The other major law which formed a major determining factor of personal laws was the
Muslim Personal Laws, which is based on the Shariat Law of 1937, loosely governing
almost all the personal matters of Indian Muslims. This act clearly states that the State shall
have no interference in the matters pertaining to personal disputes, and a religious authority
would make a declaration based on the interpretation of Quran and Hadith.7 The
implementation of Shariat law clearly provided for the guidelines that people ought to follow
given if they profess Muslim religion.
There were various other personal laws enacted during the period such as The Special
Marriages Act, 19548, The Indian Christian Marriage Act, 18729, and The Indian Divorce
Act, 186910, among many others which regulates the personal laws of people professing
various other religions and that the implementation of such laws have provided with the
solution to situations arising related to the religions.
So, what makes Uniform Civil Code a necessity in the largest democracy of the world, when
the governance of such laws has been substituting for the same is one question which has
been raised over its existence and that the opponents proposing this ideology have been for
so long being adamant on its recusal from being implemented and hurt religious sentiments
in large. However, does this ideology overshadows the greater good which it ought to bring
is something that needs to be analysed upon.
PROS AND CONS
Pros
The Uniform Civil Code (UCC) refers to the proposal to replace personal laws based on the
scriptures and customs of each major religious community in India with a common set
governing every citizen. Here are some significant advantages of implementing a UCC:
1. Equality Before Law
One of the primary benefits of a UCC is the establishment of equality before the law.
Currently, personal laws differ significantly among various religious communities, leading to
unequal treatment. A UCC would ensure that all citizens, regardless of their religion, are
subject to the same set of secular laws. This promotes fairness and upholds the constitutional
principle of equality, eliminating legal disparities based on religious affiliations.
2. Promotion of Gender Justice
A UCC can significantly advance gender justice by addressing the discrimination that
women often face in personal laws. Many existing religious laws perpetuate gender
inequalities, particularly in matters of marriage, divorce, and inheritance. By instituting a
uniform set of laws, the UCC can help safeguard women's rights, ensure equitable
distribution of property, and promote gender equality, thus empowering women across
communities.
3. Simplification of Legal Frameworks
The current system of multiple personal laws can be confusing and cumbersome. A UCC
would simplify the legal landscape by providing a single framework for all citizens. This
simplification can make it easier for individuals to understand their rights and obligations,
leading to greater accessibility and less bureaucratic hassle when dealing with legal matters.
4. Enhancement of National Integration
India is a diverse nation with various cultures and religions. A UCC can promote national
integration by fostering a sense of unity and common identity among citizens. By
transcending religious boundaries in matters of civil law, the UCC can help cultivate a more
cohesive society, reducing communal tensions and encouraging social harmony.
5. Prevention of Discrimination
A UCC would reduce the potential for discrimination based on religion in personal matters.
Currently, certain communities may have laws that discriminate against others. By having a
common code, all citizens would enjoy the same legal protections and rights, regardless of
their religious beliefs. This helps to create a more just society and reinforces the secular
character of the state.
6. Legal Certainty and Predictability
Implementing a UCC would enhance legal certainty by providing clear, consistent laws
applicable to all. This predictability can foster a more stable legal environment, encouraging
individuals and businesses to engage confidently in personal and commercial activities.
Knowing that the same laws apply to everyone can reduce conflicts and misunderstandings.
7. Modernization of Laws
Many personal laws are outdated and based on antiquated practices. A UCC offers an
opportunity to modernize legal frameworks, aligning them with contemporary values and
societal norms. This modernization can include progressive provisions related to marriage,
divorce, and child custody, reflecting the evolving status of women and families in society.
8. Strengthening Individual Rights
The UCC can strengthen individual rights by ensuring they are not subject to religious
interpretation. In a diverse society, individuals may feel their personal liberties are at risk due
to the application of particular religious laws. A UCC can protect individual freedoms and
uphold human rights, reinforcing the principle that all citizens deserve protection under the
same legal system.
9. Reduction of Legal Conflicts
Diverse personal laws often lead to legal conflicts and disputes, particularly in mixed-
religion marriages or families. A UCC can mitigate such conflicts by providing a common
set of laws governing civil matters, thereby reducing litigation and fostering a more amicable
resolution of disputes.
The implementation of a Uniform Civil Code in India has the potential to address numerous
social, legal, and ethical issues. By promoting equality, gender justice, and modernization of
laws, the UCC can foster a more unified and equitable society. While challenges to its
implementation exist, the benefits of establishing a common civil code are profound and far-
reaching, ultimately contributing to the nation’s progress toward true secularism and justice
for all its citizens.
Cons
The Uniform Civil Code (UCC) aims to establish a common set of laws governing personal
matters for all citizens in India, regardless of religion. While the UCC has several proponents
advocating for its implementation, it also faces significant criticism. Below are some of the
key concerns associated with the UCC.
1. Cultural and Religious Sensitivity
One of the foremost arguments against the UCC is its potential to infringe upon the cultural
and religious practices of various communities. Personal laws often reflect the traditions,
beliefs, and customs that are integral to the identities of different religious groups. Imposing
a uniform set of laws may be perceived as an erosion of these identities, leading to resistance
from communities that value their distinct practices. This can generate significant social
unrest and tensions among different groups.
2. Diverse Social Realities
India is marked by immense diversity in terms of culture, religion, and social practices. A
one- size-fits-all approach may not adequately address the unique needs and circumstances
of different communities. For example, the laws governing marriage, inheritance, and
divorce may need to be tailored to reflect the specific cultural contexts of various groups. A
UCC might overlook these nuances, leading to dissatisfaction and a sense of alienation
among minority communities.
3. Resistance from Religious Groups
The implementation of a UCC is likely to face strong opposition from various religious
groups who view it as an attack on their religious freedoms. Many communities may resist
the idea of a common civil code, fearing that it would dilute their traditions and beliefs. This
resistance can manifest in political mobilization and social movements, potentially
destabilizing communal harmony. The apprehension regarding loss of cultural identity can
create significant political backlash, complicating the path toward a uniform code.
4. Risk of Majoritarianism
There is a concern that a UCC could be influenced by the dominant culture or majority
religion, leading to a legal framework that favors certain groups over others. If the code is
framed without adequate consideration of minority rights, it could perpetuate inequalities
rather than resolve them. The fear of majoritarianism raises questions about the fairness and
impartiality of a UCC, particularly if it fails to represent the diverse viewpoints and needs of
all citizens.
5. Legal Complexity and Implementation Challenges
The transition to a UCC involves significant legal complexities and challenges in
implementation. Establishing a uniform set of laws requires careful consideration and
drafting, as well as extensive consultations with various stakeholders. The legislative process
may face delays and obstacles, leading to frustration and disillusionment among advocates.
Moreover, the actual enforcement of a UCC may prove difficult, as local customs and
practices could conflict with the new legal framework, creating inconsistencies in
application.
6. Impact on Existing Rights
For some communities, existing personal laws may provide specific rights and protections
that a UCC might not replicate. The change could lead to the loss of certain rights or
advantages that individuals currently enjoy under their respective personal laws. This is
particularly concerning for women, who may fear that the new laws could diminish their
rights rather than enhance them. There is a risk that the UCC may inadvertently create new
forms of inequality.
7. Judicial Overload
The implementation of a UCC could potentially overwhelm the judicial system, which is
already burdened with a backlog of cases. The introduction of new laws and the
accompanying disputes may lead to an increase in litigation, as individuals seek to challenge
or understand their rights under the UCC. This could slow down the legal process, making it
more difficult for individuals to access justice in a timely manner.
8. Fear of Bureaucratic Overreach
Some critics argue that a UCC could lead to increased bureaucratic control over personal
matters. The imposition of a uniform legal framework may require extensive monitoring and
regulation, potentially infringing on individual freedoms. Concerns about state intervention
in personal lives can generate apprehension among citizens, who may fear that their
autonomy and privacy will be compromised under a centralized legal system.
9. Socioeconomic Disparities
The UCC may not adequately address the socioeconomic disparities that exist among various
communities. Different groups may have distinct needs based on their economic conditions,
which a uniform code may not account for. For instance, the application of the same
marriage laws across all communities may disadvantage those from lower socioeconomic
backgrounds who may have different familial and financial realities. This oversight can
exacerbate existing inequalities rather than alleviate them.
10. Political Instrumentalization
The UCC can be politicized by various interest groups to serve specific agendas. Political
parties may use the UCC as a tool to mobilize support or to consolidate power, leading to the
exploitation of sensitive issues surrounding personal laws for electoral gains. Such
politicization can further polarize communities and hinder genuine dialogue and consensus-
building, making it challenging to achieve a fair and equitable code.
While the Uniform Civil Code presents a vision for legal uniformity and equality, its
implementation is fraught with challenges and concerns. Issues of cultural sensitivity,
resistance from religious groups, risks of majoritarianism, and legal complexities are
significant hurdles that must be carefully navigated. Additionally, the potential impact on
existing rights, judicial overload, and socioeconomic disparities raises important questions
about the efficacy and fairness of a uniform legal framework. As discussions around the
UCC continue, it is essential to consider these cons thoughtfully to ensure that any move
towards legal reform genuinely serves the diverse and pluralistic society that is India.
CURRENT SITUATION
Religion Law
Hindu Hindu Marriage Act, 1955; Hindu Succession Act, 1956;
Hindu Minority and Guardianship Act, 1956; and
Hindu Adoption and Maintenance Act, 1956
JUDICIAL APPROACH
Since 1950 and until the judgment pronounced in the Mohd. Ahmed Khan v. Shah Bano
[AIR 1985 SC 945], the debate on UCC remained mostly dormant. The Supreme Court of
India [‘SCI’] in this case observed that the UCC will help “national integration by removing
disparate loyalties to laws which have conflicting ideologies”. Same year, in the case of Ms.
Jorden Diengdeh v. S.S. Chopra [(1985) 2 SCC 556], the SCI showed dissatisfaction on the
lack of uniformity among various personal laws related to divorce in India. A decade later, in
the case of Sarla Mudgal v. Union of India [(1995) 3 SCC 635], the SCI made some strong
observation on the need of UCC in India. SCI in Pannalal Bansilal Pitti & Others etc. v. State
of Andhra Pradesh & Another [1996 SCC (2) 498], a year later, cautioned against the
bringing of UCC in one go. In the case of John Vallamattom & Anr v. Union of India [1995
(3) SCC 635] decided by the SCI in the year 2003, 3 | P a g e reiterated Sarla Mudgal
observation on UCC dictating that it will help in removing ideological contradictions. Most
recently, Shayara Bano v. Union of India [AIR 2017 9 SCC 1 (SC)] [commonly referred to as
triple talaq case] reminded all of us on the debate of UCC and its desirability in India.
ISSUES
1. Ensuring equality:
Not only among different religions but also within a religion itself, there exists a lot of
differences and lackof uniformity violating right to equality enshrined in the
Constitution.
2. Uniform laws are not exactly uniform:
The uniform laws which have been given as an example by the proponent of UCC for
eg. IPC, CrPC, etc. are not uniform throughout the territory of India. There are various
state amendments which makes these uniform laws diverse and pluralistic.
3. Constitutional contradictions:
There are certain provisions in the Constitution itself which on the one hand provides
for exceptions to the states of Assam and others with respect to law relating to family
and on the other hand provision for UCC in Part IV.
4. Against right to freedom of religion:
Articles 25 and 26 of the Constitution provide for the freedom of conscience and free
profession, practice and propagation of religion and freedom to manage religious
affairs respectively. However, UCC goes against these provisions as per the opponents
of the UCC.
5. Respecting diversity and plurality:
The Law Commission of India in its report in 2018 remarked that UCC is neither
necessary nor desirable in India. It also remarked that secularism cannot be
contradictory to plurality. Besides various observations by the Judiciary on the need
and desirability of UCC more prominently in the last 3-4 decades, it is the
demography of our great Nation that has kept the UCC issue alive and vibrant. Right
after the coming into force of the Indian Constitution, the codification of the Hindu
Customary Practices took the centre stage because of the prevalence of discriminatory
gender practices. However, the codification of the Hindu Marriage Act, Succession
Act, Minority and Guardianship Act and Adoptions and Maintenance Act in the years
1955-56 retained its majorly patriarchal bias. Whereas the Muslim personal laws were
kept untouched keeping in mind the recent tragedy of partition on the basis of religion.
Then, Shah Bano case in 1985 led to the politicization of the UCC issue where the
Government of India overturned the decision of the SCI. However, it is hoped that in
very near future the- re there shall be one uniform code for all citizens irrespective of
their religion.
WAY FORWARD
The social transformation from diverse civil code to uniformity shall be gradual and cannot
happen in a day. Therefore, the government must adopt a “Piecemeal” approach.
Government could bring separate aspects such as marriage, adoption, succession and
maintenance into a uniform civil code in stages.
Government must emulate Goan practice of a common civil code, which has been the law
since 1867, when the state was under the Portuguese colonial rule.
Moreover, when constitution espouses the cause of Uniform civil code in its Article 44, it
shouldn’t be misconstrued to be a “common law”.
The word uniform here means that all communities must be governed by uniform principles
of gender justice and human justice.
It will mean modernization and humanization of each personal law.
It would mean, not a common law, but different personal laws based on principles of
equality, liberty and justice.
Government has to take steps towards increasing the awareness among the public,
especially minorities, about the importance of having a UCC.
The UCC must carve a balance between the protection of fundamental rights and religious
dogmas of individuals. It should be a code, which is just and proper according to a man of
ordinary prudence, without any bias with regards to religious and political considerations.
CONCLUSION
This is not the first time that any MP has presented a Bill on UCC. A similar attempt
has been made before the Lok Sabha by Ld. Shri Chandrakant Khaire in the year 2018
and by Ld. Shri Krupal Tumanein 2019. Whereas, a similar Bill was presented by Ld.
Shri Sushil Kumar Singh in the year 2020 before the Lok Sabha.
The whole point is that the issue surrounding UCC is a serious one and therefore
requires a careful examination. Even after more than 7 decades of the Indian
Constitution coming into force, is it the right time to implement DPSP provision on
UCC in India, remains a burning issue. On the one hand, UCC can be seen as the
realization of some basic rights for women like equality and elimination of any form
of discrimination. On the other hand, the UCC issue is tested on the altar of secular
ism.
Be that as it may, the state of Goa acts as a shining example for having a common
family law applicable to all uniformly. Further, the fear and concerns of the State can
be addressed by first implementing the UCC at the state level and then scaling up at
the national level. This way the regional concerns of the resi dents of the state can be
taken care of first before implementing UCC at the national level.
The steps taken by the states of Uttarakhand, Gujarat and Madhya Pradesh are some of
the examples in this direction, which are not only commendable but also elaborately
points towards our great nation being truly democratic.
ONE NATION ONE ELECTION
BACKGROUND
India is the world's largest democracy with over 900 million eligible voters. The country
conducts elections for the Lok Sabha (lower house of parliament), Rajya Sabha (upper
house), state legislative assemblies, and local governing bodies. The foundation of India's
electoral system is enshrined in its Constitution which provides for a federal structure with a
clear delineation of powers between the central and state governments.
The Constitutional framework empowers the Election Commission of India (ECI) as an
autonomous and permanent body to conduct free and fair elections. The ECI holds
responsibility for superintendence, direction and control of all elections at the national, state
and district levels. It exercises extensive regulatory oversight on political parties and
electoral financing. Over the decades, the ECI has emerged as a highly respected and
independent institution bolstering the integrity and credibility of the electoral process
Ever since the first general election in 1951-52, Lok Sabha elections have been held every
five years, unless the house is dissolved prematurely. The last election in 2019 saw over 67%
voter turnout, illustrating the vitality of Indian democracy. However, the five-year cycle
often falls out of sync with state assembly elections resulting in frequent election mode. In
effect, some part of India is perpetually in election cycle given staggered state election
timings. The multiphase nature of these elections also impose significant costs and
governance disruptions.
For instance, the recently concluded 2019 general elections were conducted in 7 phases from
April 11 to May 19 while state elections are usually held in 1-5 phases. The ECI deploys
millions of polling staff and security personnel for monitoring polling stations across the
country. Enforcing the Model Code of Conduct for prolonged electoral periods hinders
implementation and launch of welfare schemes, infrastructure projects, and key policy
decisions for incumbent state and central governments.
While Indian elections since the 1990s have generally reflected voters' preference for anti-
incumbency and thriving multiparty competition, the splintered electoral calendar poses
challenges for governance efficiency, electoral expenditure and voter fatigue. It also gives
disproportionate power to the central government of the day to target state resources and set
the narrative during simultaneous state elections.
Various high-level committees have examined electoral reforms like public funding of
elections, right to recall legislators, and switching to proportional representation from the
first-past-the-post system. However, the most debated reform proposal has been the 'One
Nation One Election' idea aimed at synchronizing central and state election cycles.
Proponents argue it will reduce election costs, improve governance, cut back on populist
measures and induce a more coherent national outlook on issues. Critics contend it could
dilute regional issues, reduce accountability of state governments and undermine federalism.
It will require significant political consensus and constitutional amendments to enable fixed
term state assemblies.
To summarize, India's size, socioeconomic diversity, federal structure and vibrant democracy
make it an extraordinary electoral experiment. While the ECI has enabled credible and
legitimate electoral participation over the decades, electoral reforms need to keep pace with
India's changing political economy and the imperatives of efficient governance. The proposal
for synchronized national and state level elections promises several advantages but also
poses risks which require rigorous examination.
Cons
Voters Lose Ability to Express Dissatisfaction With State Govts
A key concern highlighted regarding synchronized national and state elections is that citizens
will lose the opportunity to express dissatisfaction with incumbent state governments by
voting them out at different times than the Centre.
Under the existing model, voters can differentiate between state and central regimes and
performance. If dissatisfied with the state government even when the Centre is performing
well, citizens can vote out the state rulers in the assembly elections held months apart from
Lok Sabha polls.
However, when Lok Sabha and Vidhan Sabha elections are held simultaneously, the electoral
fortunes of state governments get tied to perceptions about the central government. Even if
voters are unhappy with their state government, they cannot vote it out separately without
also voting against the Centre if polls are synchronized.
Some major downsides of reduced accountability of state regimes are:
• Voters lose the leverage to punish state governments for issues like poor delivery of
welfare schemes, regional unemployment, agrarian crisis, lack of infrastructural
development etc through the ballot.
• Parties espousing regional aspirations cannot be individually voted in or out based on
their state vision and performance. Local issues get dwarfed by national trends.
• Positive governance gains like checking anti-incumbency, inducing political
accountability, ensuring multi-party democracy at regional level are diluted if state polls are
tied to Centre.
• Constructive role of state-based regional parties, who form the opposition in many
states, gets undermined when they face national headwinds.
• Citizens lose an important channel of providing direct feedback to state governments
which are constitutionally closer to ground issues.
However, proponents argue that voters are smart enough to make discerning choices between
state and central regimes based on performance. But the high stakes make it imperative for
regional parties to strategically manage the dynamics of simultaneous polls.
Potential Risks
Over-centralization by linking State election outcomes to perceptions about the
Central government can dilute regional aspirations and federal accountability.
Regional and State-specific issues risk getting undermined by the predominance of
national issues, ideologies and leadership narratives during unified campaigns.
The pressures on Central and State governments to perform and reform induced by
asynchronous electoral cycles will decrease leading to complacency over long
unanimous stints.
Accountability to voters through frequent opportunities to express dissatisfaction
against non- performing regimes reduces with simultaneous elections enforcing rigid
5-year terms.
Simultaneous elections might cut down on election expenses, yet they come with
their own financial and administrative obstacles. Making this happen would need
substantial financial and administrative resources. To effectively execute such a
change, a strong legal framework for budget allocation and resource coordination
becomes imperative.
The complexity of India's political and constitutional framework poses a formidable
challenge to the implementation of One Nation, One Election. Achieving this goal
requires substantial changes to the Indian Constitution, particularly in key areas
governing the terms of elected bodies like the Lok Sabha, state assemblies, and local
bodies. Amendments to at least five Articles of the Constitution—83, 85,
172, 174, and 356—along with adjustments to several statutory laws, are crucial
prerequisites for this proposal.
Additionally, establishing fixed tenures for both Union and state assemblies is
essential. This ensures that the House's term remains unchanged, except in cases of
declared emergencies, while also allowing for the House to dissolve before its
designated tenure ends. Amending the Constitution is a lengthy and politically
sensitive process, demanding a two-thirds majority in both Houses of Parliament and
the consent of states.
Aligning the election schedules across different tiers of government—central, state,
and local— presents a legal complexity due to their distinct terms. The varied terms
of state governments, some benefiting from special provisions under Article 371 of
the Constitution, grant them significant autonomy. Any effort to synchronise these
elections might be viewed as an infringement on this autonomy, potentially impacting
their constitutionally protected independent operations.
Similarly, local governance operates on a decentralised model, affording considerable
autonomy to local bodies. Achieving simultaneous elections would demand revisions
to the laws governing local body elections, ensuring alignment with the revised
election timeline.
Therefore, while simultaneous polls offer demonstrated benefits, a robust national consensus
needs to be built by balancing efficiency with diversity, continuity with accountability, and
stability with change.
The notion of One India, One election stands as an admirable concept, yet its potential to
alleviate issues requires in-depth discussion. Despite the announcement of the 2019 General
election, this idea remained unimplemented. However, if executed with precision, it holds
promise to transform India's electoral system, addressing the urgent need for capable
administrative personnel and robust security measures. Highlighted by the standing
committee, there's a call to reduce election frequency to grant both the government
machinery and the election commission time for other crucial administrative tasks. While an
immediate shift may not be feasible, it's vital to deliberate and seek pathways for its eventual
adoption. In today's political sphere, every action often gets interpreted as a strategic move to
secure votes or undermine opponents. The crucial question persists: Is democratic India
prepared to depart from the traditional election model and embrace One India, One Electiion.