One Candidate Multiple Constituencies | 10 Mar 2025

Source:IE 

Why in News? 

The debate on electoral reforms in India has gained momentum with the introduction of the One Nation, One Election (ONOE) Bills. This has also highlighted the issue of One Candidate, Multiple Constituencies (OCMC), where a candidate contests elections from more than one constituency. 

• This trend, while legally permitted, raises concerns about governance efficiency, public trust, and the financial burden of frequent elections. 

What are the Provisions Regarding OCMC? 

• Representation of Peoples Act (RPA), 1951: 
  • Before 1996: No restriction on the number of seats a candidate could contest. Winners could vacate all but one. 
  • Post 1996: Section 33(7) of the RP Act restricts candidates to contesting from a maximum of two constituencies at the same time in an election. 
    • If a person is elected to multiple seats in Parliament or a State Legislature, they must resign all but one within the prescribed time. Otherwise, all their seats will be vacated under Section 70 of the RP Act. 
    • Bye-elections held to fill vacated seats within six months (Section 151A). 
• Constitutional Provisions: Article 101 deals with the vacation of seats, disqualifications, and dual membership in Parliament. 
  • Article 101(1) states that no person can be a member of both Houses of Parliament, and a law shall provide for vacating one seat if elected to both. 
  • Article 101(2): No person can be a member of both Parliament and a State Legislature. If elected to both, they must resign from the State Legislature within the period specified by the President, or their Parliament seat is vacated. 
• Prohibition of Simultaneous Membership Rules, 1950: A person cannot hold membership of both Parliament and a state legislature at the same time. 

What are the Key Challenges Associated with OCMC? 

• Favors the Ruling Party: Ruling parties, with control over state resources, gain an advantage in bye-elections, making it harder for opposition parties. 
• Financial Strain: Frequent by-elections due to multiple-seat wins increase costs and burden taxpayers.  
  • The 2024 Lok Sabha election cost Rs 6,931 crore, with by-elections adding Rs 130 crore.  
    • However, the larger concern is political party spending, estimated at Rs 1.35 lakh crore, raising questions about financial transparency and the possible influence of unaccounted funds (black money), ultimately impacting the public. 
  • Additionally, defeated candidates must recontest within months, straining party resources and hindering fair competition. 
• Parachute Candidacy Issues: A parachute candidate refers to a candidate contesting elections in a constituency where they have little connection or local presence.  
  • In OCMC, parachute candidates often lack local engagement and accountability, sidelining grassroots leaders and causing party dissatisfaction. 
• Administrative Disruptions: Frequent elections lead to the repeated enforcement of the Model Code of Conduct (MCC), delaying government policies and straining resources. 
• Breach of Voter Trust: Elections should serve the people, but OCMC prioritizes political interests. It reduces accountability and favors politicians over the electorate, leading to leader-centric politics and undermining democratic processes. 
• Potential Violation of Fundamental Rights: Could undermine Article 19(1)(a) (freedom of speech and expression) by depriving voters of their chosen representative. 

What Reforms Can be Introduced to Regulate OCMC? 

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

Conclusion

Elections in India demand vast financial and administrative resources. Frequent by-elections due to OCMC waste time and funds that could be used for development. Unlike One Nation, One Election, OCOC lacks strong political backing. If One Person, One Vote is a core democratic principle, enforcing One Candidate, One Constituency is essential for fairness.