What is 'One Nation One Election' bill and how will it alter constitutional framework ?
One of the most contentious bill 'One Nation One Election' rocked the parliament on Tuesday after it was introduced in the Lok Sabha amid opposition backlash.
Officially referred to as The Constitution (129th) Amendment Bill, 2024 is a groundbreaking proposal to introduce simultaneous elections of both Lok Sabha and state legislative assemblies. The bill has proposed key amendments to constitutional provisions, including Article 83 (duration of Parliament), Article 172 (duration of state legislatures), and introduces a new Article 82A to enable simultaneous elections across the country.
The bill since the day of its introduction has triggered a massive legal and constitutional debate concerning its consequences surrounding the federal framework and democratic principles. According to the experts too, conducting simultaneous elections to Lok Sabha and state legislative assemblies undermine the autonomy of the state legislatures and centralise powers while also challenging the balance between the Union and the States.
As far as concerned with the legality of the bill, legal experts are scrutinising that weather the bill modifies the essential features of the constitution such as federalism and democratic representation, which form its core foundation.
Along with the introduction of holding elections simultaneously, the bill also introduces a new article 82A in the constitution which is the baseling of the election parameters. According to the bill, the elections, currently which are being conducted at different intervals, wil now be held at the same time altogether. To operationalise this, the President will declare an appointed date, coinciding with the first sitting of the Lok Sabha after a general election. This appointed date becomes the baseline for aligning the electoral terms of both the Lok Sabha and the state Assemblies.
The tenure of both the Lok Sabha and the state legislative assemblies will be aligned with each other with respect to the appointed date enabling the alignment of both the cycles.
If the Lok Sabha or a state Assembly is dissolved before completing its term, fresh elections will be held. However, the newly constituted House or Assembly will serve only for the remaining unexpired term of the original five-year tenure. This ensures that the synchronised electoral timeline remains intact and avoids disruptions to the new system.
Due to the controversial nature of the bill and its potential implications for federalism, the government has referred it to a Joint Parliamentary Committee (JPC), which will hold broader consultations, interact with stakeholders, and provide recommendations for Parliament’s review. Critics claim that the One Nation One Election proposal undermines the federalism principle, which is considered a core part of the Constitution's structure. Adjusting the terms of state Assemblies to match the Lok Sabha's tenure limits state autonomy. While legal experts are divided on whether state ratification is necessary, the final decision will likely depend on constitutional interpretation and judicial review, especially regarding the federalism principle within the basic structure doctrine.
- PTC NEWS
