ONOE and Anti-Defection law, Pg16

Key Highlights:

• The Joint Parliamentary Committee (JPC) is reviewing the One Nation, One Election (ONOE) Bill and Delimitation proposals, having held 18 meetings and consulted various stakeholders.
• The ONOE Bill aims to synchronize Lok Sabha and State Assembly elections, with the first simultaneous election potentially occurring around 2034.
• Key concerns include constitutional inconsistencies related to Article 82A(5), Article 352 (Emergency), and Article 85 (dissolution of Houses).
• Delimitation discussions involve using the 1971 Census for state-wise seat allocation and a later Census for allocation within states, requiring a constitutional amendment.
• The committee is exploring mechanisms like the German model of positive vote of confidence to prevent premature government collapses and maintain election synchronisation.

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Detailed Insights:

• The JPC is empowered to propose changes to the ONOE Bill and recommend constitutional amendments to address inconsistencies.
• A major challenge is maintaining election synchronisation over decades, especially if state assemblies or Lok Sabha are dissolved prematurely.
• The ONOE Bill is silent on the basis for the Election Commission's opinion to postpone state elections and the duration of such postponements.
• The German model of positive vote of confidence requires an alternative government to be identified before a no-confidence motion can succeed, preventing political instability.
• A phased introduction of One Nation, One Election is envisioned, where assemblies elected after an "appointed date" may serve shorter terms to align with the national calendar.
• The 1971 Census is proposed as the basis for state-wise seat allocation to protect states that successfully implemented population control measures.
• The debate over using the 2011 Census versus the 2026 Census for delimitation within states is a political decision to expedite the process and potentially women's reservation.
• The anti-defection law is under deliberation for potential relaxation in specific scenarios to balance party discipline with individual legislator's voice.
• Proponents argue that simultaneous elections reduce governance disruption, election costs, voter fatigue, and allow for focused development.

Key Concepts Involved:

• One Nation, One Election (ONOE): A proposal to hold elections for the Lok Sabha and all State Legislative Assemblies simultaneously.
• Delimitation: The process of redrawing boundaries of Lok Sabha and state assembly constituencies to represent changes in population.
• Anti-defection law: The Tenth Schedule of the Indian Constitution, which penalizes individual Members of Parliament or State Legislatures for defecting from their political party.
• Positive Vote of Confidence: A parliamentary procedure where a no-confidence motion against a government can only succeed if a new government is simultaneously elected by the same vote.
• Article 368: Grants the Parliament the power to amend the Constitution and specifies the procedure for doing so.
• Article 82: Mandates the readjustment of Lok Sabha constituencies after every Census.
• Article 85: Empowers the President to summon, prorogue, and dissolve the Lok Sabha.
• Article 352: Deals with the proclamation of a National Emergency in India.