The Centre on Tuesday introduced 2 key bills in the Lok Sabha aimed at implementing “One Nation, One Election” the Constitution 129th Amendment Bill 2024 and the Union Territories Laws Amendment Bill 2024.
These bills were introduced following a voting process, with the Union Cabinet accepting recommendations from the High-Level Committee for simultaneous elections to the Lok Sabha, State Assemblies, and local bodies within 100 days of a general election.
While the bills received broad support from the government, opposition leaders fiercely opposed them. They argued that the bills threatened the “Basic Structure” of the Constitution. Despite the objections, including concerns raised by Congress leader Manish Tewari and All India Trinamool Congress (AITC) leader Kalyan Banerjee, the bills were passed with 269 votes in favor and 198 against.
The Union Territories Laws Amendment Bill 2024 proposes amendments to align the timing of elections in Union Territories, including changes to the Government of Union Territories Act 1962, the Government of National Capital Territory of Delhi Act 1991, and the Jammu and Kashmir Reorganisation Act 2019.
Together, the two bills aim to synchronize elections across the nation, including Lok Sabha, State Legislative Assemblies, and local government elections. The bills follow the HLC’s earlier report, submitted by former President Ram Nath Kovind, which explored the “One Nation, One Election” concept and recommended constitutional amendments to facilitate simultaneous elections.
One of the most significant provisions is the introduction of Article 82A, which would align the terms of the Lok Sabha and State Assemblies. This article defines “simultaneous elections” as those held together for both the House of the People (Lok Sabha) and all State Legislative Assemblies. It also includes a provision for the President to bring this article into force through a public notification, setting the “appointed date” for the new system.
The bill also amends Articles 83 and 172, which deal with the duration of the Lok Sabha and State Legislative Assemblies, respectively. These amendments seek to ensure that the terms of State Assemblies will be synchronized with the Lok Sabha, and elections will occur together. If a State Assembly election is deferred, its term will end on the same date as the Lok Sabha’s full term.
Furthermore, bill proposes changes to Article 327, which concerns Parliament’s power to legislate on elections. The proposed amendment adds provisions for “conduct of simultaneous elections,” along with other provisions related to the preparation of electoral rolls and delimitation of constituencies.
The Opposition has raised several concerns. Manish Tewari criticized the bills for undermining federalism, arguing that the tenure of State Assemblies should not depend on the Lok Sabha’s tenure. All India Trinamool Congress (AITC) leader Kalyan Banerjee echoed this sentiment, asserting that the bills violated the Constitution’s structure by subordinating State Assemblies to the Lok Sabha.
Other opposition leaders, including Asaduddin Owaisi and Supriya Sule, further voiced concerns about the erosion of federalism, with Owaisi stating that the bills would limit the autonomy of State legislatures. Congress leader Gaurav Gogoi argued that the bills posed a threat to citizens’ right to vote and gave excessive power to the Election Commission of India (ECI).
In defense, Union Law Minister Arjun Ram Meghwal argued that the bills did not violate the Constitution’s basic structure. He cited Article 327, which grants Parliament the power to legislate on matters related to elections, and emphasized that the division of powers between the Centre and States under Schedule VII of the Constitution remained unchanged. Meghwal also reassured that the bills would not alter India’s federal structure.
The HLC, established in September of the previous year, had recommended holding simultaneous elections to the Lok Sabha, State Assemblies, Municipalities, and Panchayats, citing the logistical challenges posed by separate elections. The committee proposed amendments to key laws, including the Representation of the People Acts, to facilitate these changes.
Read More: Supreme Court, Delhi High Court, States High Court, International
