The looming threat to federalism and democratic tenets
(Source – The Hindu, International Edition – Page No. – 6)
Topic: GS2 – Indian Constitution
Context
- One Nation, One Election: Aims to streamline governance.
- Centralization Concern: Risk of excessive power at the central level.
- Anti-Defection Laws: Strengthening these laws is crucial.
- Democratic Safeguards: Important to maintain democratic principles.
- Balancing Act: Need to combine efficiency with robust safeguards.
Introduction
- The BJP/NDA government is seriously pursuing the One Nation, One Election (ONOE) framework, aiming to synchronize Lok Sabha and State Assembly elections.
- Supporters claim it offers administrative and fiscal efficiencies, while critics warn it could undermine India’s democratic and federalist principles as outlined in the Constitution.
Historical Context
- Simultaneous elections were practiced in India post-Independence but were disrupted by the imposition of Article 356 (President’s Rule), which began to erode federalism.
- Article 356 was intended as a constitutional safeguard for states in crisis but has often been misused.
Dr. B.R. Ambedkar’s Perspective
- Dr. Ambedkar viewed Article 356 as a “dead letter,” meant for rare use, highlighting its potential for political misuse.
- H.V. Kamath’s remark underscores the ongoing relevance and misuse of this provision.
Misuse of Article 356
- Article 356 has been misused by various governments since 1950, leading to the dismissal of elected state governments.
- Despite the S.R. Bommai case, which aimed to limit misuse, Article 356 has been invoked over 130 times, distorting its original intent.
- Defection poses a significant threat to state stability, with the Anti-Defection Law having loopholes that allow for ongoing political maneuvering.
The ONOE Proposal and Its Issues
- Aligning state elections with Lok Sabha elections requires constitutional amendments, which could reduce state autonomy and disrupt federalism.
- The ONOE could lead to curtailed terms for state governments, undermining their independence and effectiveness.
Federal Structure Under Siege
- India’s federal system is essential for enabling states to address local issues independently.
- Holding state and national elections simultaneously may confuse voters, making it harder to assess state government performance.
Concerns with Truncated Terms
- A midterm ONOE could result in state governments serving abbreviated terms, undermining the principle of equal representation.
- Historical political turbulence shows that frequent elections can lead to instability and increased costs.
Time Period for Effective Governance
- Each government needs a realistic timeframe to govern effectively, and reduced terms could disrupt governance and policy-making.
Logistical Challenges in Implementing the ONOE
- Implementing ONOE poses logistical challenges due to India’s vast electorate, risking voter fatigue and confusion.
Addressing the Issues First
- Before endorsing ONOE for its supposed efficiencies, there must be a focus on addressing systemic challenges like the misuse of Article 356 and strengthening anti-defection laws.
Federal Character of the Constitution
- The Constitution’s federal character recognizes India’s diversity; imposing a unified electoral cycle threatens state autonomy and democratic governance.
- Without necessary systemic reforms, the ONOE could undermine the Constitution’s basic structure and democratic integrity.
Conclusion
- If foundational issues remain unresolved, the ONOE may exacerbate existing vulnerabilities rather than solve them.
- True democratic governance requires a commitment to federalism and empowering state governments as equal partners in India’s political landscape.