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Daily Mains Question – GS 2 – 19th July 2025

  • Writer: TPP
    TPP
  • Jul 19
  • 4 min read
Daily Mains Question – GS 2 – 19th July 2025

Welcome to your daily Mains Model Answer — crafted to explore the evolving dynamics of constitutional governance, electoral reforms, and institutional accountability, as tested in GS Paper 2. Today’s question critically examines the implications of granting broad discretionary powers to the Election Commission of India (ECI) under the proposed ‘One Nation, One Election’ (ONOE) framework.

With the 129th Constitutional Amendment Bill proposing to empower the ECI to determine the feasibility and scheduling of simultaneous elections, concerns have emerged around the potential erosion of federal principles, arbitrariness under Article 14, and the dilution of institutional checks and balances. This topic holds high relevance for GS Paper 2 (Polity: Election Commission, Separation of Powers, Constitution – Significant Provisions), while also offering conceptual insights for debates on electoral reforms, democratic accountability, and the integrity of constitutional bodies — themes that resonate in both GS Paper 2 and the Essay paper.


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QUESTION

Critically examine the implications of vesting wide discretionary powers in the Election Commission of India under the proposed ‘One Nation, One Election’ (ONOE) framework. In your view, how do such provisions interact with the constitutional principles of checks and balances and the right to equality under Article 14?

Answer: The idea of One Nation, One Election (ONOE) seeks to synchronize elections to the Lok Sabha and State Legislative Assemblies to improve governance and reduce electoral expenditure. The 129th Constitutional Amendment Bill, aimed at implementing ONOE, proposes to amend Article 82 and other provisions to vest significant powers in the Election Commission of India (ECI) to determine the feasibility and scheduling of simultaneous elections. This development raises vital constitutional questions regarding federalism, checks and balances, and particularly the right to equality under Article 14 of the Indian Constitution.

 

1. The Proposal and the Expanded Role of the ECI

  • 129th Constitution Amendment Bill: Proposes simultaneous elections by amending Article 82 and other relevant provisions.

  • Proposed Powers:

    • The ECI is empowered to recommend whether elections to a State Assembly can be deferred if they cannot be held simultaneously with Lok Sabha elections.

    • The President, based on ECI's advice, may declare the rescheduling of elections in such states.


2. Constitutional Concerns with Broad Discretionary Powers


a) Risk of Arbitrariness and Violation of Article 14

  • Article 14 guarantees equality before the law and equal protection of laws.

  • Excessive discretion without objective standards can result in arbitrary decision-making and differential treatment of states.

  • For example, deferring elections in one state and not another—without defined criteria—may create inequality in representative governance.


b) Potential Undermining of Federal Structure

  • Indian federalism is quasi-federal, but the Constitution ensures autonomy of states, especially in electoral matters (Article 172).

  • ECI’s power to defer elections may interfere with the principle of fixed terms for legislatures, thus diluting state autonomy.


c) Absence of Adequate Checks and Balances

  • As per the proposed law, ECI’s opinion becomes binding without parliamentary or judicial oversight, violating principles of accountability and transparency.

  • The Supreme Court in various judgments (e.g., Maneka Gandhi v. Union of India, 1978) has held that “discretion cannot be unguided or uncanalised.”


3. Recommendations to Align with Constitutional Principles


a) Need for Objective Criteria and Limiting Grounds for Deferment

  • Grounds for deferment must be specific and justiciable, such as “public order”, “national security”, or “natural calamity.”

  • Avoid broad and vague terms like “feasibility”.


b) Parliamentary Oversight

  • Introduce provisions for prior consultation with or approval by a Parliamentary Committee before deferring any elections.


c) Time-Bound Judicial Review Mechanism

  • Any recommendation of the ECI that affects state elections should be open to limited judicial review to ensure constitutional conformity.

 

While the concept of ONOE seeks electoral efficiency, vesting the Election Commission with unfettered discretion to decide on the feasibility and scheduling of elections may run counter to the basic structure of the Constitution, particularly the principles of equality, federalism, and separation of powers. For such a reform to be legitimate and constitutionally sustainable, it must be anchored in rule of law, transparency, and accountability mechanisms.

 

Way Forward:

  • Incorporate clear legislative safeguards in the proposed constitutional amendment.

  • Engage in a wider consultative process involving the Inter-State Council, Law Commission, and civil society.

  • Implement ONOE in a phased manner starting with synchronizing elections in a few states whose legislative terms naturally align.

Value Addition

  • Constitutional Provisions: Article 14, Article 172, Article 324, Article 82 (as proposed to be amended).

  • Judicial Precedents: Maneka Gandhi v. Union of India (1978), K.S. Puttaswamy v. Union of India (2017) – on arbitrariness and proportionality.

  • Reports:

    Law Commission of India Report (2018) on Simultaneous Elections.

    NITI Aayog’s Working Paper on ONOE (2017).

  • International Comparison: Countries like Sweden and South Africa follow synchronized elections with fixed terms under constitutional safeguards.

 

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