Even as One Nation, One Election Bill is all set to be tabled in Lok Sabha on Tuesday, Congress MP Manish Tewari gave an adjournment motion saying it is violation of Constitutional principles and undermining state governments.
In his notice to the Secretary General of the Lok Sabha, Tewari, who is a Lok Sabha MP from Chandigarh said that he is giving notice of his intention to oppose introduction of the The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 Bill, 2024 under Rule 72 of the Rule of Procedure.
Citing his objections, the Congress leader said that his objections to the proposed Bill are based on serious concerns regarding constitutionalism and constitutionality.
Elaborating his objections, Tewari said, “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 cocial 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
He also highlighted that the Bill’s impact on the basic structure of the Constitution and said that 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.
“This move contravenes the basic structure doctrine established by the Supreme Court in Kesavananda Bharati versus State of Kerala, which prohibits Parliament from amending the Constitution in a manner that damages its fundamental principles,” Tewari said.
“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,” he said.
He also said that the Bill undermines 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,” Tewari said.
He said, “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,” he highlighted.
The Constitution 129th Amendment Bill will be tabled in the Lok Sabha by Law Minister Arjun Ram Meghwal. The Bill was supposed to be tabled on Monday, however, it was rescheduled for Tuesday.
The Union Cabinet had approved the Bill on Thursday.
