Analysis of Simultaneous Polls in the Context of a Presidential System in India
Introduction
The debate over the implementation of simultaneous polls for the Lok Sabha and state elections has resurfaced with the Narendra Modi government's fresh efforts to bring in one nation-one poll. Prashant Bhushan, a public interest advocate at the Supreme Court of India, elaborates on the challenges of implementing such a system in India's current parliamentary setup and suggests that simultaneous polls might be more feasible in a presidential system.
Undemocratic Options in the Current Parliamentary System
Problem Statement
In India's parliamentary system, a government's survival relies on the majority support in the House, and this majority can change mid-term. Implementing simultaneous polls would rule out mid-term elections, leading to two major issues. Either a minority government would have to continue or President's Rule would have to be imposed, both of which are undemocratic.
Example
Take, for instance, the Karnataka state government's collapse in 2019. If India were operating under simultaneous polls, the state would have either continued with a minority government or moved to President’s Rule, which would be against democratic principles.
Feasibility in a Presidential System
Proposition
Prashant Bhushan proposes that one nation-one poll could be feasible in a presidential system. In such a system, the President or Governor is directly elected and doesn't require majority support from the House to stay in power. Countries like the United States have successfully implemented this model.
Example
In the U.S., President Donald Trump faced impeachment twice but remained in office as he did not lose the confidence of the Senate. Even in such a scenario, the U.S. did not require mid-term elections, thereby demonstrating the stability a presidential system can offer.
Constitutional Challenges and Amendments Required
Amendments Needed
Switching to a presidential system would necessitate constitutional amendments to Parts V and VI, focusing on Articles 52-78, 153-167, among others. New provisions would need to address the powers of the President, Governors, and Council of Ministers, and line of succession.
Example
The 22nd Amendment in the U.S. Constitution sets a term limit for the President. Similarly, India would need such detailed provisions to define the scope and limitations of the President and Governors.
Public and Political Reception
Opposition Stance
A major challenge is the absence of a two-thirds majority in either House to push through such amendments. The INDIA alliance has indicated it does not support this move, making it a non-starter in the current political scenario.
Example
When the BJP lacked a majority in the Rajya Sabha, it struggled to pass the Land Acquisition Bill, highlighting the critical role of a two-thirds majority for constitutional amendments.
Conclusion and Future Implications
Simultaneous polls have gained attention as a means to save resources and streamline governance. However, in a parliamentary democracy like India, such a system raises severe constitutional and democratic challenges. While a switch to a presidential system might offer a solution, it would require substantial amendments to the Constitution, which currently seems unlikely given the lack of political consensus.
