Two bills aimed at creating a framework for holding simultaneous elections were introduced in the Lok Sabha on Tuesday, December 17, following a contentious debate.
The Constitution (129th Amendment) Bill and the Union Territories Amendment Bill were approved through a division of votes, marking the initial use of electronic voting in the new Parliament House. The bills received 269 votes in favor and 198 against them, after which the session was temporarily adjourned.
The Cabinet had endorsed the bills the previous week, intending to synchronize the electoral processes in the Union Territories of Jammu and Kashmir, Puducherry, and the NCT of Delhi.
However, the amendment stipulates that simultaneous elections won’t happen until 2034. These measures, which aim to promote the concept of “one nation, one election,” sparked a heated discussion, with opposition parties criticizing them as an “assault on federalism” and “dictatorial.”
Law Minister Arjun Ram Meghwal countered these accusations, insisting that “The proposed bills do not undermine the basic structure doctrine. Key principles such as judicial review, federal character, and constitutional supremacy are preserved.” Opposition’s Response Congress MP Manish Tewari labeled the initiative an “attack on federalism and the Constitution’s basic structure,” while Samajwadi Party’s Dharmendra Yadav accused the BJP of steering the country toward “dictatorship.”
Trinamool Congress MP Kalyan Banerjee voiced similar concerns, claiming the bills undermine the independence of state assemblies. He stated that “The state governments are not subordinate to the central government or Parliament. This is not a reform but the realization of one individual’s wish.” Dharmendra Yadav continued to accuse the BJP of pushing legislative “dictatorship,” while DMK’s TR Baalu asserted that simultaneous elections should not limit the voters’ right to elect a government for five years.
The debate intensified when Speaker Om Birla permitted treasury bench leaders to address the House, leading to objections from opposition members. Parliamentary Affairs Minister Kiren Rijiju defended this by saying, “You do not solely represent Parliament; every political party has representation here.”
Government’s Response Union Home Minister Amit Shah contributed by suggesting more comprehensive discussions on the bills through a Joint Parliamentary Committee (JPC).
He stated that Prime Minister Narendra Modi favored thorough discussions at all levels regarding the ‘one nation, one election’ initiative and wanted it referred to a Joint Committee of Parliament. “When the One Nation, One Election bills were discussed in the Cabinet, PM Modi insisted they should be sent to the Joint Committee of Parliament. There must be an in-depth discussion at every level,” Shah said, adding that the bill could be examined further in the Joint Committee of Parliament.
The JPC’s report would subsequently be submitted to the Union Cabinet, after which the Bill would be discussed again in Parliament. The proposed framework for One Nation, One Election (ONOE) consists of two distinct Constitutional Amendment Bills to facilitate the transition to simultaneous elections across various government levels.
Key Elements of the Constitution (129th Amendment) Bill
The first bill introduces a new Article 82A to synchronize elections for the Lok Sabha and state assemblies, along with amendments to: – Article 83: Duration of Houses of Parliament – Article 172: Duration of State Legislatures – Article 327: Parliament’s authority to regulate elections.
The proposed Article 82A outlines the process for moving to simultaneous elections. It specifies that if the Election Commission finds it impractical to hold assembly elections alongside Lok Sabha polls, it may recommend to the President that assembly elections be postponed.
Second Constitutional Amendment Bill
The second bill introduces Article 324A, which empowers the central government to legislate for synchronizing elections to municipalities and panchayats with Lok Sabha and assembly elections. As elections for local bodies fall under the State List, this bill will need to be ratified by at least half of the states as per the amendment procedures outlined in Article 368 of the Constitution.
Implementation and Key
Provisions Once the bills are passed in both Houses of Parliament and, where appropriate, ratified, they will be forwarded to the President for approval. Following the President’s assent, an implementation committee will carry out the necessary changes.
The bills also propose a unified electoral roll for all elections within a constituency, which will require an amendment to Article 325, and will similarly need state ratification. Upon enactment, the President will issue a notification signaling the “appointed date”—the date of the first session of the Lok Sabha following a general election.
The tenure of the Lok Sabha will extend for five years from the appointed date, and the tenure of all state assemblies formed after this date will correspond with the Lok Sabha’s duration.
