New Delhi: Congress MP Manish Tewari has given a notice to oppose the introduction of a Bill on the One Nation, One Election by the government 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 Bill, 2024 under Rule 72 of the Rule of Procedure….,” he wrote in the notice Monday
He said his objections to the proposed Bill are based on serious concerns regarding constitutionalism and constitutionality.
While listing his objections, he wrote in the notice that the Bill is in “violation of Constitutional Principles. Article 1 of the Constitution establishes that India, that is Bharat, shall be a Union of States, affirming its federal character. The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which proposes simultaneous elections for the Lok Sabha and State Assemblies, directly challenges this federal framework by imposing uniformity across states.”
He said such a move “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”.
The Congress leader said the Bill will impact the basic structure of the Constitution. “The proposed insertion of Article 82A in the Constitution to facilitate simultaneous elections necessitates the premature dissolution of State Assemblies, effectively altering the fixed tenure of legislative bodies as guaranteed under Articles 83 and 172 of the Constitution, which further will be amended through the proposed bill.”
He said this move contravenes the basic structure doctrine established by the Supreme Court in Kesavananda Bharati vs. the State of Kerala, which prohibits Parliament from amending the Constitution in a manner that damages its fundamental principles.
“By undermining the federal character of governance and enforcing uniformity, the Bill violates core elements of the basic structure, including federalism, separation of powers, and the republican and democratic framework. As emphasised by Hon’ble Chief Justice Sikri in the judgment, foundational principles such as the Constitution’s supremacy, its federal and secular character, and the separation of powers impose inherent limitations on Parliament’s amending authority. This proposal represents a significant overreach, threatening the foundational ethos of the Constitution,” the Congress MP’s notice reads.
Tewari also said the bill undermines the state governments. “The introduction of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which seeks to align state assembly elections with general elections, poses a direct challenge to the federal structure enshrined in the Constitution. By centralising electoral processes, the Bill undermines the authority of elected state governments, weakens grassroots democracy, and encroaches on the autonomy of local governance. Furthermore, in instances where state governments are dissolved, the potential for extended periods of President’s Rule under Article 356 risks entrenching central control, thereby eroding the foundational principles of federalism.”
“In light of the aforementioned constitutional and procedural concerns, I strongly oppose the introduction of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, in its current form. I urge the Union Government to reconsider its introduction until these issues are adequately addressed,” Tewari’s notice reads.
The government has listed for introduction in the Lok Sabha Tuesday a constitutional amendment bill for holding Lok Sabha and Assembly elections simultaneously.
