Why in the News?

• The Centre on Saturday (September 2) set up a committee to examine various aspects, both legal and logistical, for implementing the “one nation, one election” idea.
• The Law Ministry has outlined seven terms of reference for the eight-member panel headed by former President Ram Nath Kovind and including Union Home Minister Amit Shah.
• One of the terms of reference is to examine if a constitutional amendment to facilitate simultaneous polls would have to be ratified by the states.

What is the 'One Nation One Election' system?

• The current electoral system in the country conducts separate elections for the Lok Sabha and state Assemblies with a five-year gap.
• This gap is based on the conclusion of the Lower House's tenure, the state government's term, or premature dissolution of either.
• State assemblies may not align their terms with each other or with that of the Lok Sabha, resulting in a continuous cycle of elections throughout the year.
• The 'One Nation One Election' proposal suggests holding simultaneous elections for all states and the Lok Sabha every five years.
• This would require restructuring the Indian election calendar to synchronize state and central elections.
• Voters would then cast their ballots for both the Lok Sabha and state assemblies on a single day, simultaneously or in phased manner as needed.

Amending the Constitution:

Constitutional Provisions:

• In India, Article 368 of the Constitution outlines the power and procedure for amending the Constitution.
• The interpretation of this provision has led to tensions between Parliament and the judiciary since 1951.

Mixing of Flexibility and Rigidity:

• During the debates of the Constituent Assembly, there was extensive discussion on whether the Constitution should be flexible or rigid.
• The British constitution is often considered flexible because it can be amended by Parliament just like any other ordinary legislation.
• In contrast, the United States Constitution cannot be amended without the ratification of at least three-fourths of the individual states.

India's Approach:

• The Indian Constitution adopted a combination of flexibility and rigidity.
• It allows for constitutional amendments through judicial interpretation and conventions established through usage.

Informal Amendments:

• Informally, the Constitution is modified through judicial interpretation and established conventions.
• For instance, in the process of appointing judges to the higher judiciary, although the Constitution refers to a consultation between the President and the Chief Justice of India, the Supreme Court's interpretation has evolved it to mean "concurrence."
• This interpretation led to the development of the collegium system for appointing judges, effectively bringing about a change in the essence of the Constitution.

What is the Amendment Process?

Simple Majority:

• Many provisions of the Constitution can be amended through a straightforward legislative process similar to passing regular laws in Parliament.
• This amendment method is achieved by a majority of those present and voting and does not require a quorum.
• Although Article 368 doesn't explicitly list such 'less significant' provisions, they are excluded from its scope throughout the Constitution, establishing a separate category.
• Examples include changing state names, admitting new states to the Union, and adjusting state boundaries.

Special Majority:

• For amending provisions that don't fall into the first category, Article 368 mandates that the amendment Bill must be approved by both Houses of Parliament with a majority of at least two-thirds of the members present and voting.
• According to Rule 158 of the Lok Sabha Rules, the total membership encompasses all members of the House, regardless of any vacancies or absentees at the time.

Ratification by States:

• A third category of provisions not only requires a special majority for amendment but also necessitates ratification by the legislatures of at least half of the states.
• Only after receiving ratification from the states can such an amendment be presented to the President for approval.
• These provisions pertain to the federal character of the Constitution and are commonly known as entrenched provisions.
• For instance, the 99th Constitutional Amendment in 2014, which established the national judicial accountability commission, was ratified by 16 state legislatures before receiving the President's approval.
• Similarly, in 2016, the 122nd Constitutional Amendment Bill introducing the Goods and Services Tax regime was ratified by 23 states.

Established Provisions:

• Article 368 identifies six segments of the Constitution that are subject to additional safeguards when it comes to their amendment.
• These segments include:
• Article 54 and 55, which pertain to the election of the President of India.
• Article 73 and 162, addressing the extent of executive power for the Union and states, respectively.
• Articles 124–147 and 214–231, dealing with the powers of the Supreme Court and the High Courts.
• Article 245 to 255, concerning the distribution of legislative, taxing, and administrative powers between the Union and the states.
• Article 81–82, governing the representation of states in Parliament.
• Article 368 itself.

State Ratification: A Supreme Court Perspective

• The significance of state ratification was highlighted in the 1992 Supreme Court case of Kihoto Hollohan v Zachillu.
• In this case, the constitutionality of the Tenth Schedule was challenged on the grounds that it had not been ratified by the states.
• The Tenth Schedule deals with the disqualification of elected representatives and aimed to, among other things, limit the jurisdiction of courts in matters related to disqualifications.
• This aspect of the amendment pertained to one of the six areas that require ratification by at least half of the states, namely, the jurisdiction of the Supreme Court and the High Courts.
• The Supreme Court ruled in favor of the validity of the Tenth Schedule but struck down the part of the amendment that tinkered with the jurisdiction of the Supreme Court and the High Courts.

Mains Question:

• Critically evaluate the impact of the 'One Nation One Election' proposal on India's political landscape, and elucidate the potential benefits and drawbacks of such a system? (10M)