One Nation, One Election: Congress opposes bill in Lok Sabha, says it violates Constitution

New Delhi: A bill proposing a constitutional amendment to hold Lok Sabha and assembly elections simultaneously is set to be introduced in the Lower House of Parliament on Tuesday and may be referred to a joint committee of both Houses.

Congress MP Manish Tewari has submitted a notice opposing the bill's introduction, citing serious concerns regarding constitutionalism and constitutionality.

In his notice, Tewari argued that the bill violates constitutional principles, particularly the federal character of India as established in Article 1 of the Constitution. "India, that is Bharat, shall be a Union of States," he wrote, adding that the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, "directly challenges this federal framework by imposing uniformity across states."

Tewari expressed concerns that the proposed amendment "risks eroding state autonomy, diminishing local democratic engagement, and centralising power, thereby undermining the pluralism and diversity that are cornerstones of India's democratic ethos. Disregarding the unique political, cultural, and social contexts of individual states not only neglects their distinctiveness but also fundamentally weakens the principles of federalism and democracy enshrined in the Constitution."

He further argued that the bill impacts the Constitution's basic structure. "The proposed insertion of Article 82A to facilitate simultaneous elections necessitates the premature dissolution of state assemblies, effectively altering the fixed tenure of legislative bodies guaranteed under Articles 83 and 172 of the Constitution." Tewari added that this move contravenes the basic structure doctrine established by the Supreme Court in Kesavananda Bharati vs. State of Kerala, which prohibits Parliament from amending the Constitution in a way that damages its fundamental principles.

Union Minister Kiren Rijiju strongly criticised the Congress for its opposition. "Congress says that 'One Nation, One Election' is unconstitutional and harms the federal structure. Then Congress should answer—was the Nehru government unconstitutional when elections were held simultaneously after 1947 for two decades?" Rijiju remarked.

BJP, Congress issue whips
The BJP and Congress have issued whips directing their Lok Sabha MPs to ensure their presence in the House. Congress MPs convened at 10.30 am in the Congress Parliamentary Party office in Parliament to discuss the day's agenda.

The Shiv Sena also issued a whip to its Lok Sabha members, instructing them to remain present on Tuesday. Sena MP Shrirang Barne, the party's chief whip in the Lok Sabha, said that "some very important issue/legislative business" is expected to be discussed and passed in the House.

Bill introduction and next steps
According to the Lok Sabha agenda, Union Law Minister Arjun Ram Meghwal will introduce the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, commonly referred to as the One Nation, One Election Bill. Meghwal is expected to request Lok Sabha Speaker Om Birla to refer the bill to a Joint Committee of Parliament for wider consultations.

Additionally, Meghwal will introduce the Union Territories Laws (Amendment) Bill, 2024, which seeks to synchronise elections in the Union Territories of Jammu and Kashmir, Puducherry, and the NCT of Delhi.

The joint committee will be formed on a pro-rata basis, reflecting the strength of MPs from various parties. As the largest party, the BJP is expected to secure the chairmanship of the committee along with multiple member seats, a senior functionary said on Monday.

Union Home Minister Amit Shah, who was part of the high-level committee led by former President Ram Nath Kovind that recommended holding simultaneous Lok Sabha, state assembly, and local body elections in a phased manner, is likely to be present in the House during the bill's introduction.

Last week, the Union Cabinet approved the bill for simultaneous Lok Sabha and assembly elections but deferred a decision on local body elections. Meghwal is likely to inform the House that the bill requires broader consultations with lawmakers and the public, necessitating its referral to a joint committee.

The Speaker will invite parties to submit the names of members for the proposed panel on the same day. As per parliamentary rules, failure to submit names could result in the loss of representation on the committee. The panel's composition is expected to be announced by Tuesday evening.

Initially, the proposed committee’s tenure will be 90 days, but it may be extended if required.

The Union Cabinet has approved two bills aimed at holding Lok Sabha and assembly elections concurrently. During consultations on One Nation, One Election, former President Ram Nath Kovind revealed that 32 parties supported the idea, while 15 opposed it. Simultaneous elections were held in India between 1951 and 1967, and the concept has resurfaced in several reports and studies since 1983, effectively suggesting a return to the earlier practice of concurrent polls.