Syllabus
GS Paper 2 – Important aspects of governance, transparency and accountability; Salient features of the Representation of People’s Act.
Context
If ‘one person, one vote’ is the core democratic principle for voters, it should be ‘one candidate, one constituency’ for politicians
Source
The Hindu| Editorial dated 16th December 2024
Let’s talk about ‘one candidate, multiple constituencies’
The practice of one candidate contesting from multiple constituencies (OCMC) in Indian elections has long been debated. While allowed under the Representation of the People Act (RP Act) 1951, its implications on democracy, finances, and governance have drawn criticism. With discussions on simultaneous elections gaining traction, it is timely to critically examine the challenges and advantages of OCMC and consider reforms to ensure democratic integrity and accountability.
Challenges of OCMC
Financial Burden on Taxpayers
- Election Costs: The 2024 general election cost ₹6,931 crore, averaging ₹12.76 crore per seat. By-elections due to OCMC add significantly to this burden.
- Political Spending: Parties spent an estimated ₹1,35,000 crore in the 2024 election, with ₹250 crore per constituency on average. By-elections further inflate this cost.
- Public Impact: These expenditures ultimately translate to economic inefficiencies, impacting developmental spending.
Skewed Electoral Landscape
- Advantage to Ruling Party: By-elections held within six months often favor the ruling party due to resource mobilization and patronage.
- Opposition Challenges: The Opposition faces repeated financial strain and resource depletion to contest by-elections.
- Non-Level Playing Field: This dynamic weakens democratic competition and fairness.
Undermining Democratic Principles
- Voter Discontent: Vacating seats after elections disregards voter intent, as seen in Wayanad, Kerala, in 2024, where voter turnout dropped from 72.92% to 64.24% in the by-election.
- Prioritizing Politics Over People: OCMC serves leaders’ interests, acting as a hedge against uncertainty, rather than addressing citizens’ needs.
- Dilution of Accountability: Frequent by-elections reduce the focus on governance and developmental priorities.
Ethical and Legal Implications
- Violation of Rights: Contesting multiple constituencies undermines voters’ right to representation under Article 19(1)(a) of the Constitution.
- Judicial Concerns: The pending case of Ashwini Kumar Upadhyay vs Union of India (2023) highlights the tension between individual political strategies and collective democratic ethics.
- Voter Apathy: Frequent by-elections cause disillusionment and reduce trust in the democratic process.
Advantages of OCMC
- Safety Net for Leaders
- Electoral Security: Contesting multiple constituencies provides leaders a fallback option in tightly contested elections.
- Leadership Continuity: Ensures that key leaders remain in political office, even if they lose in one constituency.
- Smooth Leadership Transitions
- Case Studies: Examples include Mamata Banerjee (West Bengal, 2021) and Pushkar Singh Dhami (Uttarakhand, 2022), where OCMC facilitated leadership continuity.
- Party Stability: Ensures stable governance in leader-centric political systems.
- Enhancing Campaign Reach
- Popularity Leverage: Leaders contesting from multiple constituencies can maximize their visibility and influence, boosting their party’s overall performance.
- Strategic Value: Acts as a tool for parties to consolidate votes across regions.
International Practices
- Pakistan: Allows candidates to contest unlimited constituencies but mandates relinquishment of all but one seat after winning.
- Bangladesh: Limits candidates to three constituencies. Earlier, candidates could contest five constituencies.
- United Kingdom: OCMC was banned in 1983 to ensure clear representation and accountability.
- European Democracies: Most have phased out OCMC to promote stable governance and democratic transparency.
Reform Proposals
Ban on OCMC
- Amending RP Act 1951: Section 33(7) could be amended to prohibit candidates from contesting multiple constituencies.
- Precedents: The Election Commission of India (ECI) recommended such a ban in 2004, echoed by the 255th Law Commission report in 2015.
Cost Recovery from Candidates
- By-Election Costs: Imposing financial penalties on candidates vacating seats can discourage OCMC.
- Implementation Challenges: Wealthy candidates and parties may still afford these penalties, limiting its deterrence.
Delayed By-Elections
- Extended Timeline: Conducting by-elections after a year of seat vacancy allows voters and candidates more time for preparation.
- Fairer Elections: Reduces the advantage of ruling parties and levels the electoral playing field.
Public Awareness and Accountability
- Voter Education: Highlighting the financial and ethical implications of OCMC to voters can reduce its acceptance.
- Transparency: Mandating candidates to disclose their intent to contest multiple seats and the rationale behind it.
Conclusion
The practice of OCMC poses significant challenges to democratic principles, financial accountability, and voter trust. While it offers strategic advantages for leaders, its misuse far outweighs its benefits. Banning OCMC, or introducing stricter regulations and financial deterrents, can restore the integrity of the electoral process. Upholding the democratic ethos of “one candidate, one constituency” aligns with the fundamental principles of representation, accountability, and fairness, ensuring a more robust and equitable political system for India.
Related PYQ
Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. [ UPSC Civil Services Exam – Mains 2017]
Practice Question
Discuss the implications of the practice of One Candidate Contesting from Multiple Constituencies (OCMC) in Indian elections. Suggest reforms to address the challenges posed by OCMC while maintaining democratic integrity? [250 words]
Guidelines for Answering the Question
- Introduction:
- Define One Candidate Contesting from Multiple Constituencies (OCMC).
- Mention its prevalence in Indian elections and the associated democratic concerns.
- Body:
- Discuss the financial burden of by-elections and erosion of voter trust.
- Highlight the ethical and democratic issues related to fairness and representation.
- Suggest banning OCMC through amendments, imposing penalties, and improving by-election procedures.
- Emphasize the importance of public awareness to strengthen democratic accountability.
- Conclusion:
- Summarize the need for reforms ensuring fair representation and fiscal responsibility in electoral practices.