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

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?
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[@antonydsilva4025]

Yes, this is just diversions. So people don't discuss Modani. 😂

[@k.ukhan7865]

Mr Karan you are great journalist We salutes you sir

[@lalitaarwade9448]

Paridhan Mantri wants ONE NATION ONE ELECTION for controlling the State Governments and having to give less JUMLAS in Election Rallies ! He is not a young man and can only do only LIMITED RALIES as hes 75+ years . He wants to be centre-stage in every Elections happening anywhere in INDIA ! As long as he's PARIDHAN MANTRI he wants everyone to keep chanting ' MODI MODI MODI ' !

[@vinayvashisht9270]

It is tragic that almost every action of BJP is challenged in SC by the lovers of democracy. Sadly, it is making continuous efforts to dismantle the Constitution n democracy. Its misgovernance has continued since 2014. Many of its actions were declared by SC as unconstitutional. One nation n one election is the latest.

[@krishanuadityapandey4414]

SC upholds demolition of artical 370 and ordered for Ram mandir. 👍 Only because those are essential for true democracy.

[@vbbharadwaj165]

देश का यदि अज्ञान अनपढ़ प्रधान मंत्री हो तो वह अपने मन की बात करता और मन का करता है।ऐसे मूर्ख पर चर्चा करना ही समय व्यर्थ करना है।पर जब जनता भी उसके भक्त बन जाए तब देश भगवान भरोसे।

[@ramdasmadhiyalla4058]

Mr. Chhokar fully in agreement with you 🎉

[@selvarajj8396]

PM and HM may be elected by people but not capable as per my personal opinion. They will lead India in trouble.

[@ABBartan]

They have been elected in an election in which 72 of the seats they won had higher vote discrepancy (between votes counted and votes cast) than their victory margin. This is rigging. This can be simply observed by analyzing ECI's final data. The opposition is in fact more popular than the official result tells us, and very likely more popular than the government itself. It is unfortunate that the opposition doesn't bring the legitimacy of the June result to the centre of public discourse. It seems to be happy with whatever it has won. This is not a legitimate government.

[@hiralalkhobragade5455]

I fully agree with the arguments given by Mr.Chokkar.

[@wilfredalexandercoelho8003]

Well spoken by Prof Jagdeep Chhokar as shown in the above video.

[@mukaddimhussain9737]

Does the saffron ideology of rss, bjp obey any constitutional provisions. Look at the numerous such violations during last couple of years by the very people holding the sacred Constitution in their hands.

[@riazsami]

Mr.Choker, taken a great decision to go supreme court, bjp wants to bring down all the institutions in the bjp umbrella. It totally violates federalism. ECI is unable to run 4 states election in one time.. how we expect fair / free polls. Evm hatau desh bachau

[@dsumesh4368]

This is bjps diverse from sebi

[@MahfoozKhan-c9p]

You Are Great Jurnlist Karan Thapar Ji👍❤❤❤👍

[@ArK-pu6hn]

Desperate plea by a desperate Government that is still basking in its dream of 400+ seats.

[@RUSSELRAJ-o9t]

Bjp (retd. Ec) supporters blindly accept modani plan then ask what is it oh 😁😁😁😁😁😁😂😂😂😂

[@Dadasahab1234]

Since 1952 all elections were held in one go.was it wrong. I presume bhakts will not reply.😂

[@VKASSCM2]

Thuggs will always come with new schemes

[@maureenrebello7529]

True

[@sunilsavalkar83]

We need an effective democracy rather than a cheap one.

[@MathewThomasFET]

How will the problem of governments falling BEFORE term be addressed ❓️What are the advantages ❓️

[@soumitraghosh6511]

True, this is another jumla by this ruling dispensation like the Demonetisation, CAA and NRC and the Farm Bill. Had this coterie opened an Event Management firm, I believe they would have been more successful in their endeavours.

[@krishanuadityapandey4414]

What is so-called basic structure of constitution ???? Where is it mentioned in the constitution ??? Everything which are required to protect interest of ruling class, specially undemocratic administration and judiciary to oppressed common people of India should be considered as basic structure of constitution !!!! It is not at all mentioned in constitution but present in mindset of undemocratic administration and judiciary !!!!

[@tusharpotdar5762]

मोदि को खुद के लिए सारे महंगे शौक चीजें चाहिए, लेकिन चुनाव सस्ते चाहिए, चुनाव पे होने वाले सरकारी खर्च को कम करने के लिए one nation one election कि बात मोदि करते हैं, जरा इतना हि बता दे कि उनके विदेश दौरे पे, खाने पे, और महंगे कपड़ो पे पिछले दस वर्षों में कितना सरकारी पैसा खर्चा हुआ हैं

[@UPKARRASTOGI]

Very insightful, !

[@MahfoozKhan-c9p]

One Nation One Election Matlab Ek Baar Full Bemani Karke Vipaksh Ko Bahar Karna Hai,👈 Aur Manmani Karna Hai

[@sanjayjha7570]

Democratic Reforms????? Change the name of your org bro..... ONOP ....is a step towards Democratic Reforms....Isn't it.. ????

[@KumarPallav01]

26:40 totally agree with Prof. Jagdeep 🫡

[@hindurashtra63]

"United we stand, Divided we Fall" Congres Party however says : "Divided we Stand, United we Fall".. Very strange..

[@KumarPallav01]

It's extremely typical of this govt. to keep accountability, as low as possible. Hence, this 1 nation 1 fcuksh!try 😏

[@rajnishtuli3960]

hum se barr kar koun.. We r the most intelligent..visionary..political party of the universe.. BJP.. 🩳🩳🚜🚜🐊🐊

[@shekharharsha1540]

I wish you interview with Mehdi Hasan on Gaza / Indian Muslim

[@garamadass]

Honestly, do you really except an biased judgment?

[@mintusaren895]

Sitting MP NOT CAMPEIGN FOR MLA AND VICE VERSA

[@tilakrajgolari1577]

Islam law board ,waqf doesn't? Bcoj of lawyers like you and kapil sibal,india's growth is further going down. #Desh Drohi

[@shekharharsha1540]

Prof Chokar seems clear that it is an effort to divert from the core issues.

[@sanjaykumarguda8374]

Hope to God the case is won in SC and this idiotic idea put to rest forever

[@DilipDeo2105]

No cost is prohibitive enough for the cause of democracy. Over the ages people have sacrificed their lives for the cause. Aptly said by the professor, we don't want a cheap democracy. Rather we need an effective one. If cost is the prime concern, better not to have any election at all. If we want a presidential form of government, let it be decided by the people over a ballot

[@THETRIVIALTHINGS]

One nation, one election would be good if india wasn't so divided and corrupted within the system. But since it is, this would be a disaster, especially on a state level and give the tyrant more power. That's what this is about. india cannot apply US's principles because it is far from it.

[@rakeshbhansali2455]

Public should vote for party wt they work for 1 st 4 yrs to rule , not for last one year work ,EC should put full stop for anyscheme for last one year before election

[@vinodburhade5093]

I am in 100℅ support of prof. Jagdeep Chhokar. Many thanks to WIRE/Mr.Karan Thapar/Mr. Jagdeep Chhokar.

[@iftikharahmedbhat1028]

You have to buy huge number EVM MACHINES, you need lot of security personnel ,election / booth staff. to conduct one election It is possible only ony for parliment election. At present election conduct election in many fases in a smallest state.Madiji go to compaigen in evey state election ,so he re remains busy all the year.The work he is supposed to do is not attened ,due to election coppigeon. They are trying to divert attention of peiole from other importent matters,where they have no answers .

[@ishwarnathjha6319]

One nation One election will not only decrease government expense but also parties expenses.

[@omershereefkabeer7013]

One nation one election overrides national issue over State issue will benefit national government if it performed well. Small parties will disappear. Political leaders need not visit always to electors, thus save money and time

[@maureenrebello7529]

He will never be successful with one nation one election unless he wants to be a dictator or also everyone forgets his corruption . Holier than thou attitude , after all he’s come down for heaven . lol 😂

[@Anway-NeverGiveUp]

When crony market monopolistic capitalism, standing upon religious fascism, comes in crisis, there remains several issues and processes to divert people's attention from catastrophe in aimbition to transform the establishment in interest of ruling elite class.

[@kaleemmuhammad3284]

He is certain that it is not going to happen,he gave some logical expansions also , I believe that it is not going to happen and also it is not needed, first of all there are issues to be discussed in the country .

[@rajenlama.6850]

Bold and nice interview on one nation and one election defining the perception of the pros and cons of it. Due to valid points narrated in this interview, it is not going to happen now.

[@paulm.k.8740]

You are quite right, Sir. 🙏

[@sharifansari9862]

Ita a ploy