Context: After the recent recommendations of the Ram Nath Kovind Panel for Simultaneous Elections, there is a debate around various other aspects of electoral reforms. One of the issues is candidates contesting from multiple constituencies popularly called as One Candidate Multiple Constituency (OCMC).
Relevance of the Topic: Mains: One Candidate Multiple Constituency: Benefits & Challenges.
Background:
- The Constitution of India provides for regular elections every five years to the legislative assembly and the lower house of Parliament.
- The Constitution, other than providing for the Election Commission of India (ECI), has empowered Parliament to regulate the manner of conducting the elections.
- The Representation of the People Act 1951 deals with the issue of ‘contesting from multiple constituencies.’
- Until 1996, there was no limit on the number of constituencies a candidate could contest. This resulted in candidates contesting from multiple constituencies. This necessitated by-elections frequently.
Advantages of Contesting Multiple Constituencies (OCMC):
- Safety net for candidates: Contesting from multiple constituencies allows candidates to secure at least one win in tightly contested areas. This strategy is particularly beneficial in elections where outcomes are uncertain and elections are closely fought, providing a backup option if they lose in one constituency.
- Leadership Continuity: OCMC can ensure the continuity of leadership within a party in case important leaders lose elections. This helps maintain party stability and leadership presence.
- Demonstrating popularity and influence: By contesting from multiple seats, a candidate can showcase their popularity across different regions, enhancing their image as a leader with wide support. This also helps parties project strength and attract more voters by demonstrating their ability to contest effectively in various areas.
- Strategic Vote Division: Contesting from multiple constituencies can strategically divide the opposition's votes, increasing the chances of winning in each constituency. This tactic can strengthen a party’s overall electoral performance by creating a ripple effect that may benefit candidates in surrounding areas.
- Political Message: Leaders contesting from various constituencies can amplify their political message and visibility, leveraging their popularity to engage with a broader electorate. This approach can help reinforce a party's narrative and mobilise support more effectively.
- Flexibility in Leadership Transitions:
- OCMC provides flexibility for political parties during leadership transitions or when a leader is unable to secure a seat. For example, Pushkar Singh Dhami, the CM of Uttarakhand, faced a similar situation where he contested multiple seats to ensure his party's leadership remained intact despite electoral challenges.
Challenges Involved:
- Financial burden on Taxpayers: The administrative costs for Lok Sabha elections are borne by the central government, while state elections are funded by state governments. The estimated cost for the 2024 general election is ₹6,931 crore.
- If a candidate wins from two constituencies, the additional cost for holding a by-election can reach around ₹130 crore per instance.
- Favoring ruling parties: By-elections generally favor ruling parties due to their ability to mobilize resources and provide patronage. This creates an uneven playing field against opposition parties, undermining democratic fairness.
- Repeated financial strain on defeated candidates: Candidates who lose must bear the financial burden of campaigning again in by-elections if their opponent vacates a seat they won. This can strain party resources and discourage competitive politics.
- Undermining democratic principles: The practice of contesting multiple seats can prioritize candidates' interests over voters' needs, contradicting the democratic ideal that elections should serve the public.
- Against freedom of speech and expression: OCMC goes against the fundamental right to freedom of speech and expression of citizens. A petition filed in 2023 (Ashwini Kumar Upadhyay vs Union of India) argued that when people elect a representative, they trust that person to be their voice. Contesting multiple constituencies, winning them, and vacating one for a by-election violates Article 19(1)(a) of the Constitution.
- Voter confusion: The practice leads to voter confusion and apathy, as seen in Wayanad when Rahul Gandhi vacated his seat after winning in 2024; voter turnout dropped significantly in subsequent by-elections compared to general elections.
- International examples: While countries like Pakistan, Bangladesh continue OCMC, this practice has been phased out in mature democracies like the UK and other European democracies to ensure democratic integrity.
Since the challenges and misuse of OCMC outweighs the benefits, following reforms are recommended:
- Amendment of Section 33(7) of RPA 1951: A recommendation has been made to amend this section of the Representation of the People Act (RPA) 1951 to prohibit candidates from contesting multiple constituencies for the same office. The Election Commission of India (ECI) has consistently recommended this ban since 2004, the law commission in its 255th report has also recommended the same.
- Recover cost for by-elections: Implementing a system where the candidate who vacates a seat after winning must bear the full cost of conducting a by-election could discourage simultaneous contests.
- Delay in by-elections: Proposing that by-elections be held after a year instead of within six months could allow voters more time to make informed decisions and provide defeated candidates with an opportunity to prepare for future contests.
Thus, if “one person, one vote” is the core democratic principle for voters, it is time to enforce “one candidate, one constituency” for candidates to implement the next step in electoral reforms.
