New Delhi.
Congress MP Manish Tewari has given a notice to oppose the introduction of One Nation One Election Bill in the Lok Sabha. “I give notice of my intention to oppose the introduction of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 under Rule 72 of the Rules of Procedure,” he wrote in the notice.
He said his objections to the proposed bill were based on serious concerns about constitutionality and constitutionality. Listing his objections, he wrote in the notice that the bill “violates constitutional principles. Article 1 of the Constitution establishes that India, i.e. India, shall be a Union of States, which confirms its federal character. The Constitution (One Hundred and Twenty-Ninth Amendment) Bill 2024, which proposes to hold simultaneous elections for the Lok Sabha and the State Assemblies, directly challenges this federal structure by imposing uniformity across the States.” He said such a move risks eroding state autonomy, reducing local democratic participation and centralizing power, which will harm pluralism and diversity, which are the cornerstone of India’s democratic ethos. “Ignoring the unique political, cultural and social contexts of individual states not only ignores their distinctiveness but also fundamentally undermines the principles of federalism and democracy enshrined in the Constitution.” The Congress leader said the bill would affect the basic structure of the Constitution. The proposal to insert Article 82A in the Constitution to hold simultaneous elections creates a need for premature dissolution of state legislatures, effectively altering the fixed tenure of legislative bodies guaranteed under Articles 83 and 172 of the Constitution. Which will be further amended through the proposed bill. He said the move violates the principle of basic structure established by the Supreme Court in Kesavananda Bharati vs. State of Kerala, which prevents Parliament from amending the Constitution in a way that harms its core principles. “The Bill seeks to undermine the federal character of governance and enforce uniformity and violates core elements of the basic structure including separation of powers and the republican and democratic framework,” the Congress MP’s notice said. As emphasized by Hon’ble Chief Justice Sikri in the judgment, fundamental principles such as the supremacy of the Constitution, its federal and secular character and separation of powers impose inherent limits on the amending authority of Parliament. “This proposal represents a significant overreach, which threatens the fundamental character of the Constitution.” Tiwari also said that this bill weakens the state governments. The Bill seeks to hold state assembly elections along with general elections, a direct challenge to the federal structure enshrined in the Constitution. By centralizing election processes, the Bill weakens the authority of elected state governments, while undermining democracy at the grassroots level and encroaching on the autonomy of local governance. Further, in cases where State Governments are dissolved,
The possibility of an extended period of President’s rule under Article 356 risks strengthening central control, thereby eroding the fundamental principles of federalism. Tiwari’s notice read, “In view of the constitutional and procedural concerns, I strongly oppose the introduction of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill 2024 in its present form. I urge the central government to reconsider introducing this until these issues are adequately addressed.” The government has listed the Constitution Amendment Bill for simultaneous Lok Sabha and Assembly elections for introduction in the Lok Sabha on Tuesday.
