Respectful
Thiru.Ramnath Kovind
Chairperson
High Level Committee on
‘One Nation, One Election’
New Delhi
Respectful Sir,
One Nation, One Election
An Ideological Argument
Vanakkam
We, the Dravidar Kazhagam, founded by the social revolutionary Thanthai Periyar, send our views for the kind attention of the High-Level Committee on ‘One Nation, One Election’
‘India’s Elections are Democratic Festivals’ – it is thus stressed by the largest democracy of the world.
It is called ‘Indian Sub-Continent’ owing to the pluralistic Union of States wherein multiethnic, linguistic, religious,and cultural people are living.
Pluralism is the Strength of India. Pluralism must be protected not only to safeguard the welfare of its people but also its political framework.
‘One Nation, One Election’ process means debasing such fundamentals of the country’s political fabric.
British India was established for the governing convenience of the British by mobilizing the various terrains, ruled by erstwhile different rulers. The same territories at large continue as independent India.
Indian Constitution was accepted after holding in-depth deliberations in the Constituent Assembly and discussion in its Drafting Committee. By accepting Indian Constitution India was integrated as secular, socialist, democratic republic.
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Many Amendments were brought in after in-depth debates on it. This healthy democratic trend has become rare. The Union government has been avoiding the means of presenting the matters in the Parliament for discussion and eliminating the environment for debates inside the Houses. Under such circumstances, a High-Level Committee has been formed to invite the suggestions for the dangerous ‘One Nation, One Election’ process.
The process of ‘One Nation, One Election’ is itself a debatable one. It is very dangerous for the country to implement it. The first stage must be to decide whether the process is right or wrong. Instead of it, the High-Level Committee has been formed to invite suggestions on the modus operandi of the process and its pros and cons.
The process is said to be aimed at the following.
1. Simultaneous elections to Lok Sabha and State Legislative Assemblies.
2. By that, minimizing the expenditures to conduct the elections.
3. To determine the tenures of Lok Sabha and State Legislative Assemblies.
The Indian Constitution says the tenures of the Lok Sabha and State Legislative Assemblies do not exceed 5 years.
The provisions of the Constitution of India 1949 say,
Article 83 (2): The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate.
Article 172 (1): Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate.
There are many learnings from the General Elections conducted during the 71 years of independence. There were critical occasions at which the Lok Sabha and certain State Legislatives Assemblies could not complete their 5-year tenures. There were many reasons for the incomplete tenures due to lack of support of the majority members in the Houses in favour of the ruling side, dismissal of the government, self-split as well as inflicted split of the political parties.
Both the State legislatures and the Parliament must be convened within a gap not exceeding 6 months.
The respective election must be conducted to elect the members accordingly.
But in the process, ‘One Nation, One Election’, it is alleged that the plan is to conduct the elections to all the State Legislative Assemblies along with the forthcoming Lok Sabha election. It is undemocratic and unconstitutional to curtail the tenure of State Legislative Assemblies even by a day.
What would happen if the ruling side in States lost the majority? A situation may arise when no one could claim majority; instead of conducting the election Governor’s direct rule is enforced. It would continue(if ‘One Nation. One Election’ gets implemented) till the next election to the Lok Sabha becomes due. It is against the Constitution and the People’s Representative Act to rule such States indirectly by the Union government without any representation in the State Assemblies.
As per the Constitution, only the State governments have the subject for rule.How could it be democratic to deny the people to elect their true direct rulers? At present it has become routine, of course not proper, to split the ruling political party that holds the support of the majority.
It enables the party ruling the Union government to rule States also, encouraging defection of members from the ruling side, thereby enabling the respective State Governor to invite the pseudo majority to form the State Ministry.
If the ruling party, elected for the Union government is unable to form government in any State, the right of forming government by any other party/ parties would be curbed through the State Governor; thereby the party that rules the Union government would also rule the State through the Governor. This trend would be allowed to last for the 5-year tenure or when the election to the Lok Sabha becomes due – whichever is earlier, in case the process of ‘One Nation, One Election’ is implemented.
What would happen if the majority could not be ascertained at the Lok Sabha or the ruling side loses the majority?
Will it not lead to a situation wherein the President could rule the country without the Union Council of Ministers for 5 years? Does ‘One Nation, One Election’ process encourage the Presidential form of Government that ultravires the Constitution? Besides, can all the State governments be dismissed for the sake of conducting the Lok Sabha election?
Many Amendments and States’ approval are needed. It may not stand to the judicial tests.
Will the two situations not suffice to eliminate the democratic principles in India? The cited situations be hypothetical but there is no certainty for its non-happening. Elections are not confined to Lok Sabha and State Legislative Assemblies. Elections to local bodies like corporations, municipalities, panchayats (village as well as town) and panchayat unions are also held. What is their position in the process, ‘One Nation, One Election’?
India has established the democratic stand at all levels and has been practising the republic polity successfully so far. One could perceive the dangers the process ‘One Nation, One Election’ would bring in!
The bases of necessity for the governance set up and for the people’s requirements are different for State Legislative Assemblies, the Lok Sabha, Panchayats, and the like. Who has to rule in the States and who has to be at the Union? The decisions and expectations of people are also different.
The present election procedures have been prevailing for more than three fourth of century. What is the necessity of ‘One Nation, One Election’ process? Will it not lead to a Fascist form of Governance of the country?
It is the duty of every State to protect its socio historical imperatives to protect the pluralistic culture of the country. On the contrary, converting the States as mere administrative layer as per the principles of RSS is nothing but the process of ‘One Nation, One Election’. The proposed process is not merely curbing the Rights of States but also eliminating the very existence of States. Unity is different from uniformity. That theory is the most appropriate in the concept of ‘One Nation, One Theory.’ It will take away the main spirit of democracy. Hence, we, the Dravidar Kazhagam, strongly oppose it.
Regards
Yours humanly
K.VEERAMANI
President
Dravidar Kazhagamt
