UNDER our Constitution, state governments are elected for five years, unless they fall in the interregnum or early elections are called and the Assembly is dissolved. In such circumstances, chief ministers continue on a caretaker basis or President's rule is imposed till the time fresh elections can be held. The proposed One Nation, One Election (ONOE) affects this paradigm three-fold. First, it results in deferring elections in such states where elections are now due, till such time the cut-off date is finalised for the single ‘national’ election, and gives such states an extended period in power. Secondly, this cuts short terms of governments in states where the five-year period elapses after the cut-off date. Third, and most serious, should governments fall, there would be long periods of unelected powers in place. These scenarios acutely affect our democratic traditions and lead to questions as to the constitutionality of ONOE. Democracy and federalism have been recognised as part of the basic structure of the Constitution, and ONOE must not offend either to remain valid.
This story is from the 01 Oct 2023 edition of Outlook.
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This story is from the 01 Oct 2023 edition of Outlook.
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