One Nation One Election Violates the Basic Structure of Constitution & I’ll Go to Supreme Court

3 weeks ago 17

One of the founding members of the Association for Democratic Reforms, a highly regarded body that monitors the performance of India’s democracy and elections, has said that he has no doubt that one nation one election will breach the federal structure of the Indian constitution and, therefore, on that basis, it will violate the basic structure of the constitution. Prof. Jagdeep Chhokar adds that he will personally raise the issue with the Supreme Court and he is confident he will win the case. In a 25-minute interview to Karan Thapar for The Wire, Prof. Chhokar, a former Professor and Dean at the Indian Institute of Management in Ahmedabad, said he not only disagrees with Prime Minister Modi’s claim that one nation one policy will make India’s democracy “more vibrant and participative” but, he added, the opposite is the truth. It will make India’s democracy less participative and less vibrant. In the interview, Prof. Chhokar strenuously and in detail disagreed with the two main reasons why proponents of one nation one election support the concept. First, he said, quoting former CEC S. Y. Quraishi, that the Election Commission spends around 4,500 crore on national elections and they do not cost the 30,000 crore claimed by the Prime Minister and cited by Prof. Chhokar in his essay of 2018 on this subject. Secondly, he pointed out India should not be looking for the least expensive election but for the most effective one. To judge an election in terms of its cost is wrong. Secondly, Prof. Chhokar strongly disagreed with the claim that the model code of conduct holds up development and delays governance. He said this can only be said by those who have not read the model code of conduct. He specifically said that the MCC permits all existing development schemes to continue. It permits new development schemes that do not impinge on the elections to be started and, third, even new schemes that would impact the elections can be initiated with permission from the Election Commission. I will stop there. I am only giving you the big main points made by Prof. Chhokar. There’s a lot that he has said that I am leaving you to hear when you watch the interview. He has spoken forcefully but also with enormous analytical detail. His is a very powerful voice. To help you I will give you the list of questions. Here they are: 1) I want to focus this interview on the desirability of one nation one election. The Prime Minister has claimed that it will make India’s democracy “more vibrant and participative”. How do you respond to that statement? 2) Let’s first look at the reasons why people advocate one nation one election. Basically there are two. First, there’s no doubt that elections every five years is a lot cheaper than multiple elections at different times. But in an essay you did in 2018 you say the Prime Minister has claimed that political parties alone spend 30,000 crore in a national election. You believe this is a hugely exaggerated figure. Can you explain why? 3) In this connection, Shashi Tharoor and Praveen Chakravarty have calculated that one nation one election would only save less than 5,000 crore a year. For an economy of India’s size, of 326 lakh crore according to the budget estimate, which makes it the fifth largest economy in the world, is this a determining factor or just a small concern? 4) A second reason why people support one nation one election is that the restrictions of the model code of conduct will only apply for a limited period thus permitting politicians to devote themselves to governance. But in your essay you argue the model code of conduct does not hold up governance. Can you explain why you have come to that conclusion? 5) The other point is that the model code of conduct only applies nationwide when there is a national election. Surely at state level it’s only a minor concern. Would you agree? 6) So, to sum up about the two main reasons why people propose one nation one election, would you agree that elections should not be judged by their cost nor by the conduct required for their fair implementation? 7) Let’s now come to the arguments against one nation one election. First, does it contradict the character of our country? We are not one nation one religion or one nation one language or one nation one culture. We are a Union of States where our differences constitute our richness. They make us special and significant. Does one nation one election detract from that? Join The Wire's Youtube Membership and get exclusive content, member-only emojis, live interaction with The Wire's founders, editors and reporters and much more. Memberships to The Wire Crew start at Rs 89/month. https://www.youtube.com/channel/UChWtJey46brNr7qHQpN6KLQ/join

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