One Nation, One Election: A Constitutional Dilemma

Sanjana Dwivedi & Dr. Ashish Kumar Singhal, ICFAI, Dehradun

ABSTRACT

Elections are a means of serving the democratic process. The frequent holding of free and fair elections is one of the pillars of Indian democracy. The regularity of elections puts considerable administrative strain on the Election Commission of India. One potential answer would be to hold elections at all levels concurrently at a predetermined time, a process known as simultaneous elections. It is harder to put an idea into practice the more sound it is. Simultaneous elections not only yield favorable results but also address the practicality issues. Examining several legal issues pertaining to simultaneous elections is the goal of this article.

A free and fair election is recognised as a fundamental right by the Indian Constitution, so it is important to think about which provisions need to be significantly amended. The article not only offers a comprehensive analysis of this concept but also makes an attempt to ascertain whether an amendment of this kind will affect the fundamental structure of the Constitution. As such, it considered the possible impact on the federal and democratic ideals found in the Indian Constitution. Additionally, the two issues related to the feasibility topic are made clear. One addresses the situation in which the government in power cannot complete its term in office, while the other addresses the issue of an overworked legislature.

Taking into consideration the various findings from the Election Commission of India, the Law Commission of India, the Parliamentary Committee, and NITI Aayog, this study attempted to evaluate the recommendation of the Standing Committee to perform it in two phases. In the concluding portion, the issue of desirability is also discussed along with the need for simultaneous elections, whether or not they are legal, and how unrealistic they would be in India.

Keywords: Elections, Federal Government, Fundamental Rights, Basic Structure Doctrine