Background and Challenges of OCMC
The Indian Constitution allows for regular elections every five years, with Parliament regulating the election process.
Initially, there were no limits on the number of constituencies a candidate could contest.
In 1996, Parliament amended the Representation of the People Act to limit this to two constituencies, aiming to curb the practice of candidates contesting multiple seats.
Despite the amendment, the practice continues, especially in state elections, leading to frequent by-elections.
Problems Arising from OCMC
The administrative and election costs are substantial.
For example, the 2024 general election is expected to cost around ₹6,931 crore, with by-elections adding additional financial strain (₹130 crore for 10 politicians contesting multiple seats).
By-elections often favor the ruling party due to resource mobilization and patronage, creating an uneven playing field for opposition parties.
Contesting from multiple constituencies prioritizes the interests of leaders over the public, undermining democratic principles.
Voters may feel disenfranchised when candidates vacate seats, leading to lower turnout and confusion (e.g., Rahul Gandhi’s vacated seat in Wayanad, Kerala).
Some Arguments in Favor of OCMC
OCMC can provide a safety cushion for candidates in closely contested constituencies, ensuring their victory if one seat is lost.
In India’s leader-driven political landscape, OCMC allows party leaders to maintain continuity in power, even if they lose in one constituency.
Examples include Mamata Banerjee and Pushkar Singh Dhami, who contested multiple constituencies to ensure their positions.
Other countries like Pakistan and Bangladesh allow OCMC with restrictions, while most European nations have phased it out to promote clear representation.
Possible Reforms and Solutions
Amend Section 33(7) of the RPA to prohibit candidates from contesting multiple constituencies for the same office, as recommended by the Election Commission of India (ECI) and the 255th Law Commission report
Imposing the full cost of by-elections on candidates who vacate seats could discourage the practice, though wealthy political parties may still be able to afford it.
Holding by-elections after a year (instead of within six months) would allow voters more time to make informed decisions and give defeated candidates time to strategize. This could lead to a fairer, more balanced electoral process.
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