Manan Kumar Mishra, the Chairman of the Bar Council of India (BCI) and a Senior Advocate, has submitted recommendations to the High-Level Committee for One Nation, One Election. Mishra’s suggestions focus on the necessary changes to enable concurrent elections across the country.
He emphasized that the concept of ‘One Nation, One Election,’ advocating simultaneous elections for Central and State governments, requires significant Constitutional, legal, and administrative reforms to be effectively executed.
Constitutional Amendment Proposal:
Manan Kumar Mishra has proposed the following suggestions:
1. Synchronization of Tenures: Mishra emphasizes the need to amend the Constitution to align the terms of State Assemblies with that of the Lok Sabha. This involves modifying Articles 83, 85, 172, 174, and 356 of the Constitution of India.
2. Examination of Additional Articles: Mishra recommends a review of Articles 243K and 243ZA, which were introduced to establish a State Election Commission in every State, granting it powers over electoral roll preparation and election conduct for Panchayats and Municipalities.
Strengthening the Election Commission:
Manan Kumar Mishra emphasizes the necessity of enhancing the resources and authority of the Election Commission of India (ECI) to effectively oversee the logistics and implementation of simultaneous elections.
According to Mishra, this could require restructuring the Election Commission to bolster its capacity to handle increased workload and greater complexity.
Amendments to Electoral Laws:
The BCI Chairman has proposed revisions to the Representation of the People Act, 1951, and other pertinent electoral statutes. This includes provisions outlining synchronized polling schedules, uniform campaign durations, and expenditure caps for both Parliamentary and State elections.
Political Funding Reforms:
Moreover, Mishra has underscored the need for substantial reforms to laws governing political funding and campaign finances to ensure fair electoral practices and reduce the influence of financial resources. He emphasizes the importance of transparent procedures governing political funding and expenditure to uphold the integrity of the electoral process.
Administrative Preparedness:
Mishra also highlights the significance of comprehensive administrative preparedness to facilitate seamless execution of simultaneous elections. This entails meticulous coordination between the Union and State governments to oversee aspects such as security arrangements, management of polling stations, deployment of election personnel, and logistical requirements.
Public Awareness and Voter Education:
Additionally, the BCI Chairman emphasizes the importance of extensive public awareness initiatives and voter education campaigns for the success of ‘One Nation, One Election.’ Mishra stresses the need for widespread awareness efforts to ensure that citizens are well-informed about the electoral process and their voting rights.
“The aforementioned legal and administrative transformations represent pivotal prerequisites for the actualization of ‘one nation, one election’ in India. It is imperative to acknowledge that such a paradigm shift in the electoral landscape demands meticulous planning, consensus-building among political entities, and a thorough assessment of its potential ramifications on the democratic principles inherent in the nation,” the letter adds.
The letter covers potential benefits and obstacles of concurrent elections, including cost savings, streamlined administration, and enhanced voter convenience.
Advantages include cost savings, streamlined administration, uninterrupted governance, enhanced voter convenience, decentralization of authority, increased policy attention, and diminished security risks.
Disadvantages involve the need for substantial constitutional amendments, potential overshadowing of regional issues by national concerns, and nationwide trends impacting state-level elections.
