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Article seeks to provoke thought by exploring the
intricacies w.r.t having a common electoral roll.
Very recently the Prime
Minister’s Office has started a consultative process with the Election
Commission of India, the Law ministry and other few ministries on the
feasibility of a Common Electoral Roll for all types of elections at the local,
state and national levels in India. Of course, the idea is not new in that the
Law Commission had proposed it in its 255th Report in 1915 and the Election
Commission had also made similar proposals in 1999 and 2004.
In this context
this article analyses the whole gamut of issues involved in having a unified
and integrated electoral roll. This way every citizen would feel empowered to
participate in representative democratic polity.
As "We, the People, …" constitute the real bottom line of our Republic, the people are the real ‘sovereigns’ of India. The real spirit of sovereignty and democracy of the Union of India lies with her ‘Citizens', not with the ‘States' or the ‘Parliament’ and the ‘Judiciary’. So the democratic norms have to be institutionalised in the right spirit right from the bottom upwards. That is why the institutions of Gram Panchayats and Nagar Panchayats have rightly been institutionalised through Constitutional Amendments.
But the perceptions
regarding these grassroots democratic formalisations have been so negative and
the common citizens do feel that the national and state-level elections get
more attention and importance in the agenda of the political parties than the
local self-government elections. This is the most dangerous and fallacious
reality in a functional democracy like India which is going through different
centrifugal and centripetal forces operating in a nation-building process.
The whole election
process has been divided into two constitutional setups: one conducted by the
EC for national and state elections, and the other by the State Election
Commissions (SECs) for panchayat and municipal elections in the states.
The moot question is: Why couldn't the whole election process be unified and integrated at all levels of Indian election system using modern technology to address the loss of man-hour, expenditure and unnecessary duplication of the same tasks? Let us discuss the
issues of unified reforms in the electoral process in India.
Firstly, the Common
Electoral Roll.
Instead of amending
the Articles 243K and 243ZA of the Constitution of India to have a Common
Electoral Roll for all three-tier elections, we may abolish SECs by repealing
both the Articles and the whole election process be entrusted with the single
command of the Election Commission of India to bridge the trust deficits of the
people in local elections.
In the present
administrative structure, the role of local governments have assumed so vernal
importance that their elections should be held in a free and fair manner by the
national-level EC. Of course, the National Register of Citizens (NRC) should be
the prime source to construct the Common Electoral Roll in future in a phased
manner by the EC.
Secondly, the
Permanent Electoral Cadre. i
At present the EC
has no permanent staffing system and is solely dependent on the requisition of
required staff from both the Union and State governments to conduct elections
throughout India. But through appropriate Constitutional amendments and changes
in the Representation of the Peoples Act, a separate Electoral cadre should be
created to head at least the state and district level election machinery to
conduct all elections in a free, fair and unbiased manner.
Thirdly, the
National Selection Commission.
Through appropriate
amendments a National Selection Commission should be established comprising the
Prime Minister, Leader of the Opposition or the largest opposition party, and
the Chief Justice of India to select the Chief Election Commissioner, other
Election Commissioners etc. It is necessary to ensure the whole process of
appointments for the constitutional and statutory posts is free, fair and
equitable ways commensurate with democratic spirits and norms.
Fourthly,
Party-less Elections at local level.
At present the
States have followed its own system in local elections by enacting relevant
Acts through its Legislatures as per the mandate of the Constitutional
provisions.
But the moot
questions: Is it relevant to follow party-based elections in local level
governments? Is it necessary to make local elections so partisan to vitiate the
ground level body-politic of our society?
Presently there has
been no party-based election system in local governments in Bihar, Karnataka
etc.
Through
Constitutional amendments, party-less local governments can be ensured to
operate at the ground level without colouring local governance following the
true spirit of age-old autonomy and unbiasedness of the Panchayati system of
Bharat so that there arise no questions of party-loyalty and discriminations in
delivering government benefits as per the policy of the States and the Union
governments.
Fifthly, the Common
Poll.
It is one of the most burning issues concerning the electoral process in India. It is a fact that India has now always been in 'an election mode' either for the national or state/local level elections. Time, money and labour have been wasted enormously, and the developmental process gets a nosedive due to different levels of elections.
The relevant
questions: Is it possible to
conduct both national and state elections simultaneously? And, can all levels
of elections can be conducted simultaneously?
National consensus would probably be elusive. But we can evolve a National Policy on Elections with a ‘One Nation, Two Elections' policy so that the national and state and local elections are held with a gap of not less than two years and not more than three years, to be conducted by the EC.
Other issues on
tenures of the Houses should be mitigated appropriately through amendments.
This scheme may be put in perspective after the new delimitation exercise is
completed in 2026.
There arise no
questions on the credibility and capability of the Election Commission in
conducting free, fair and unbiased elections in the largest democracy of the
world. The complete synchronization of EVM with VVPAT and Zero Statistical
Error have already proved the efficacy of the decisions of not using the
ballot-paper voting system by the EC beyond reasonable doubts.
Thus, a comprehensive and unified electoral reform becomes necessary as Indian citizens begin to celebrate 75 years of their nation’s independence in 2022.
Author is a Research Analyst with Ph.D in Entrepreneurship. He is also guest Management faculty and authored research articles and books.