Centre Introduces Bills In Lok Sabha For 'One Nation One Election'; Law Minister Agrees For Examination By Joint Parliamentary Committee

Two bills which aim to achieve One Nation One Election–'The Constitution 129th Amendment Bill 2024' as well as the 'The Union Territories Laws Amendment Bill 2024, were introduced in the Lok Sabha on Tuesday (December 17) after a voting process. Reportedly, the Union Cabinet has accepted the recommendation of High Level Committee for simultaneous elections to Lok Sabha and State Assemblies; municipal and panchayat polls within 100 days of the general election.The Opposition leaders opposed the introduction of Bills, calling it an "assault" on the 'Basic Structure' of the Constitution. Though Union Home Minister Amit Shah and Law Minister Arjun Ram Meghwal expressed agreement with the suggestions to send Bill for scrutiny to Joint Parliamentary Committee, the Bills were ultimately passed with "269 ayes, 198 noes".The Union Territories Laws Amendment Bill 2024 proposes to make consequential amendments in Section 5 of the Government of Union Territories Act 1962, Section 5 of the Government of National Capital Territory of Delhi Act 1991 and the Section 17 of the Jammu and Kashmir Reorganisation Act 2019, to align holding of simultaneous elections along with the Lok Sabha and State Legislative Assemblies.Together the two bills aim to achieve simultaneous elections across States, Union Territories with the General polls i.e. One Nation One Election.Earlier this year High-Level Committee (HLC) appointed by the Central Government has submitted its report on "one nation, one election". Headed by former President Ram Nath Kovind, the committee submitted its extensive 18,626-page report to President Droupadi Murmu.The bill seeks to introduce Article 82A in the Constitution to synchronise the terms of the Lok Sabha and State Assemblies; this was also recommended by the committee.The proposed article specifically explains that "simultaneous elections" shall mean general elections held for constituting the House of the People and all the legislative assemblies "together". The proposed article states that the President may by public notification issued on the date of first sitting of the house of people after general election, bring into force this article and that "date of notification" shall be "appointed date". It states that notwithstanding Articles 83 (Duration of Houses of Parliament) and 172 (Duration of State Legislatures) "the term of all legislative assemblies" constituted in any general election held after the appointed date and before expiry of the full term of House of People shall come to an end on the expiry of the full term of the House of the People. It thereafter states that "notwithstanding anything in the Constitution or in any law, before the expiry of full term of house of people, the ECI shall conduct general elections to the House of People and all Legislative Assemblies simultaneously and provision of Part XV shall apply to these elections mutatis mutandis with such modifications as may become necessary and which the ECI may by order specify". Notably, Part XV of the Constitution of India pertains to Elections. If in case, the elections of legislative assemblies cannot be held together and is deferred, then notwithstanding Article 172 the full term of legislative assembly "shall end on the same date as the end of the full term of the House of people" constituted in the general election. It adds that the ECI at the time of notifying the election to a legislative assembly, shall indicate the date on which the full term of the legislative assembly shall come to an end. Amendments to Article 83 states that the five year period from the date of first meeting of House of People shall be referred to as "full term" of House of people. If House of People is dissolved sooner than expiry of full term the new house of people constituted pursuant to elections after such dissolution shall continue for a period which is equal to the "unexpired term"of the immediately preceding House of People and expiration of this period shall operate as dissolution of the House. The election to House of People for unexpired term will be called "mid term election" and election held after expiry of full term shall be referred to as general election. For example, if a government falls in a no-confidence motion in the second year of the house, then fresh elections can be held. However, the new government will only have the remainder term of three years. Similar amendments to Article 172 (pertaining to legislative assembly elections) are also proposed. The proposed bill also seeks to amend Article 327 which pertains to Power of Parliament to make provision with respect to elections to Legislatures. After the words "delimitation of constituencies" the words "conduct of simultaneous elections" are proposed to be inserted. The article with the proposed amendment will thus read. "Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in...

Centre Introduces Bills In Lok Sabha For 'One Nation One Election'; Law Minister Agrees For Examination By Joint Parliamentary Committee

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