One Candidate, Multiple Constituencies

One Candidate, Multiple Constituencies

Why in the News?

The debate around electoral reforms in India has intensified with the introduction of the One Nation, One Election (ONOE) Bills. This has brought attention to the issue of One Candidate, Multiple Constituencies (OCMC), where a candidate contests elections from more than one constituency.

While legally allowed, this practice raises concerns about governance effectiveness, public trust, and the financial burden caused by frequent elections.

Provisions Regarding OCMC
Representation of Peoples Act (RPA), 1951:

• Before 1996: There were no limits on the number of seats a candidate could contest. Winners could vacate all but one seat.
• Post-1996: Section 33(7) of the RPA limits candidates to contesting from a maximum of two constituencies in the same election. If a person is elected to multiple seats, they must resign from all but one within the prescribed time, or all their seats will be vacated under Section 70. Bye-elections are held to fill the vacated seats within six months (Section 151A).

Constitutional Provisions:

• Article 101: Deals with seat vacation, disqualifications, and dual membership in Parliament.
• Article 101(1): Prohibits a person from being a member of both Houses of Parliament, with laws mandating the vacating of one seat if elected to both.
• Article 101(2): Prevents a person from holding membership in both Parliament and a State Legislature. If elected to both, they must resign from the State Legislature within the specified time, or their Parliament seat is vacated.
• Prohibition of Simultaneous Membership Rules, 1950: A person cannot hold membership in both Parliament and a State Legislature simultaneously.

Key Challenges Associated with OCMC

• Favors the Ruling Party: Ruling parties often have an advantage in bye-elections due to their control over state resources, making it difficult for opposition parties.
• Financial Strain: Frequent bye-elections due to multiple-seat wins increase costs, putting a financial strain on taxpayers. The 2024 Lok Sabha election cost Rs 6,931 crore, with bye-elections adding Rs 130 crore. The larger concern is the estimated Rs 1.35 lakh crore spent by political parties, raising questions about financial transparency and the potential influence of unaccounted funds (black money).
• Parachute Candidacy: In OCMC, parachute candidates, who contest in constituencies where they lack local ties, often sideline grassroots leaders and cause dissatisfaction within parties.
• Administrative Disruptions: Frequent elections necessitate repeated enforcement of the Model Code of Conduct (MCC), which delays government policies and strains resources.
• Breach of Voter Trust: OCMC undermines accountability, as it prioritizes political interests over the electorate’s needs, fostering leader-centric politics and weakening democratic processes.
• Potential Violation of Fundamental Rights: OCMC could infringe upon Article 19(1)(a) (freedom of speech and expression) by depriving voters of their chosen representative.

Global Practices Regarding OCMC

• Australia: A sitting legislator must resign before contesting another parliamentary house.
• European Democracies: The UK has banned OCMC since 1983, and most European countries have phased out the practice to ensure clear representation and accountability.
• Italy: Candidates cannot contest for both the Senate and the Chamber of Deputies simultaneously.
• Pakistan & Bangladesh: Candidates can contest multiple constituencies but must vacate all but one if elected.

Reforms to Regulate OCMC

• Banning OCMC: The Election Commission of India (ECI) and the 255th Law Commission Report (2015) recommended banning multiple seat contests, enforcing “One Election, One Candidate, One Constituency (OCOC)” to ensure democratic fairness.
• Recover Bye-Election Costs: Candidates who vacate a seat should bear the cost of bye-elections to discourage seat-hopping.
• Delay Bye-Elections: Extending the cooling-off period for bye-elections to one year would give defeated candidates more time to prepare and reduce the ruling party’s unfair advantage in such elections.
• Mandatory Resignation: Candidates should resign from their current position before contesting another election to demonstrate commitment to their elected role.

Conclusion
Elections in India require vast financial and administrative resources. Frequent by-elections due to OCMC waste time and money that could be better spent on development. While the One Nation, One Election initiative lacks strong political backing, enforcing "One Candidate, One Constituency" is crucial for fairness and democratic integrity.

Drishti Mains Question:
The practice of One Candidate, Multiple Constituencies has significant implications. Discuss the challenges it poses and suggest viable electoral reforms to address them.

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UPSC Civil Services Examination, Previous Year Questions (PYQs):
Prelims:
Q. Consider the following statements: (2017)

• The Election Commission of India is a five-member body.
• The Union Ministry of Home Affairs decides the election schedule for both general elections and bye-elections.
• The Election Commission resolves disputes relating to splits/mergers of recognized political parties.
  Which of the statements given above is/are correct?
  (a) 1 and 2 only
  (b) 2 only
  (c) 2 and 3 only
  (d) 3 only

Ans: (d)

Mains:
Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)

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