The twin Bills introduced in the Lok Sabha on December 17 seeking simultaneous elections to the Lok Sabha and Vidhan Sabhas of the States and Union Territories –contains provisions of too much centralization of the governance in India that has potential risks of making irreparable damage to the federal structure of the country and ultimately to democracy.
The potential risks voiced during discussion in the Lok Sabha by the leaders from the opposition, and even the statement by the Union Minister of Home Amit Shah suggested that the bills need to be discussed in great details. After deliberation, the bills were sent to the Joint Parliamentary Committee which will have 31 members from both Lok Sabha and Rajya Sabha, and will submit its report on the legislation in 90 days. However, the introduction of the bills named the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024 in the Lok Sabha and what actually happened in the Parliament is indicative of the troubles ahead.
After an initial round of discussions, the opposition sough a division of votes. As many as 269 members voted in favour of the legislation while 198 voted against it. Though the number of votes in support of the legislation was enough for introduction, it was far less than the two-third majority that is required to pass the bills in the Lok Sabha. An interesting fact is that as many as 20 BJP MPs defied the party whip to remain present in the Lok Sabha. It shows the differences within the BJP on the desirability of such legislation. It also shows the challenges and hurdles before the one nation one election legislation.
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The opposition termed the laying down of the legislations as ‘dictatorial’ move, though Union Minister of Law Arjun Ram Meghwal had asserted while introducing the laws that the legislations would not tamper with the powers enjoyed by states.
Congress MP Manish Tewari opposed the bills saying that they assault the Constitution’s basic structure doctrine. Now the moot question is what are the provisions that may put the federal structure of the country and democracy to their perils? One of the provisions is that if the Lok Sabha or any state assembly is dissolved before the end of its full term, mid-term elections will be held only for that legislature to complete the remainder of its five-year term. It means legislative assemblies will be denied full five terms as per the constitutional provisions of five-year term in case of mid-term poll.
There are many more risks to federal autonomy of states and democracy, because the provision of the proposed legislation for one nation one election is heavily tilted in favour of the rich and national political parties which may clip the wings of poor and regional political parties affecting the regional development and democracy.
It would create political imbalance, too much centralisation, diminishing powers of state legislatures and governments. Greater difficulties for holding simultaneous elections are both administratively and financially, empower central government to call the shots and other challenges regarding transparency in conducting free and fair polls. It would be difficult to keep democratic process inclusive.
