In September 2023, the Union Government set up a ‘High Level Committee on One Nation, One Election’ under the chairmanship of former President of India, Ramnath Kovind. The High Level Committee has met on three occasions and sought the views of various national and State political parties on the subject of a common elections schedule. Recently, public views and those of eminent jurists were also solicited in this regard. Though there is no definitive timeline for the Committee to submit its recommendations, the fact that the timing of this exercise coincides with the lead-up to the general elections in 2024 raises pertinent doubts. Nevertheless, as the outcome of this exercise has the potential to alter the fundamentals of our democratic set-up and reset the federal structure, it is necessary to examine the legal issues at the earliest juncture.
There are compelling reasons to believe that the High Level Committee is likely to return a recommendation in favour of a common schedule comprising elections to the Lok Sabha and the State Legislative Assemblies overlooking genuine constitutional and legal concerns. This is why all the attention, in the aftermath of this exercise, would entirely focus on the Supreme Court of India. This would be India’s Baker v. Carr moment where the Supreme Court of the U.S. deliberated the concept of “entering the political thicket”. The Indian Supreme Court, which has self-characterised its constitutional role as the “sentinel on the qui vive”, would be called upon to determine, quickly and purposefully, the ultimate fate of Indian democracy.
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