One Candidate, Multiple Constituencies (OCMC)

Why in News?

With the recent introduction of One Nation, One Election (ONOE) Bills, the issue of One Candidate, Multiple Constituencies (OCMC) has also taken momentum.

What is OCMC and Its Provisions?

According to the Representation of Peoples Act (RPA), 1951, until 1996, there was no limit on the number of constituencies a candidate could contest from. However, after 1996, following an changes were done:
- Section 33(7) limits candidates to contesting from a maximum of two constituencies.
- Section 70 mandates that winners must retain only one seat and resign from others within a specified period.
- Section 151A requires that bye-elections be held within six months to fill the vacated seat.
Constitutional Provisions:
- Article 101(1): A person cannot hold seats in both Houses of Parliament simultaneously.
- Article 101(2): A person cannot be a member of both Parliament and a State Legislature at the same time.
- Prohibition of Simultaneous Membership Rules, 1950: Prevents holding membership in both Parliament and a State Legislature.
Global Practices:
- Australia: Sitting legislators must resign before contesting for another parliamentary seat.
- UK and Italy: OCMC is banned to ensure accountability and clear representation.
- Pakistan & Bangladesh: OCMC is allowed, but winners must retain only one seat.

Challenges with OCMC

Political and Governance Issues: It usually favors ruling party as the ruling party will normally have control over state resources during bye-elections. It also creates problems in the administrative processes due repeated enforcement of the Model Code of Conduct (MCC) which delays policy implementation.
Financial Burden:
- Having frequent bye-elections is often too costly for the Election Commission and taxpayers.
- For instance, the 2024 Lok Sabha election costed ₹6,931 crore, with bye-elections adding ₹130 crore.
- Political party spending, including unaccounted funds, raises concerns about financial transparency.
Erosion of Voter Trust:
- OCMC reflects a focus on political gains rather than public service.
- Defeated candidates must recontest within months, leading to political instability and voter fatigue.
Parachute Candidacy and Accountability:
- Candidates contesting without local connection often fail to address constituency-specific issues.
- It sidelines grassroots leaders and weakens party structures.
Violation of Democratic Principles:
- Undermines the concept of “One Person, One Vote” by allowing one candidate to occupy multiple political spaces.
- Limits fair political representation and reduces accountability.

Way Forward

One Candidate, One Constituency Rule: The Election Commission of India (ECI) and the 255th Law Commission Report (2015) recommended banning multiple seat contests to strengthen democratic fairness.
Recover Bye-Election Costs: Candidates vacating seats should bear the financial burden of bye-elections to discourage strategic seat-hopping.
Extend Bye-Election Timeline: Increasing the cooling-off period for bye-elections to one year would give political stability and limit ruling party advantages.
Mandatory Resignation Before Contesting: Candidates should resign from their current position before contesting another seat to ensure commitment and accountability.

Conclusion

Frequent bye-elections caused by OCMC strain financial and administrative resources, undermine voter trust, and weaken democratic values. While One Nation, One Election has political momentum, OCMC reforms require stronger political will. Enforcing “One Candidate, One Constituency” is essential to uphold the integrity and fairness of India’s electoral process.

Mains Question

Discuss the challenges posed by One Candidate, Multiple Constituencies (OCMC) in India’s electoral system. Suggest reforms to improve electoral fairness and accountability. (250 words)