The ‘One Nation, One Election’ Bill, officially referred to as the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, is likely to be introduced in the ongoing winter session of Parliament by Arjun Ram Meghwal, Minister of State for Law & Justice and Minister of State for Parliamentary Affairs.
This Bill proposes the inclusion of Article 82A (pertaining to simultaneous elections for the Lok Sabha and all Legislative Assemblies) and amendments to Articles 83 (tenure of Parliament), 172 (tenure of State Legislatures), and 327 (Parliament’s authority over electoral provisions). Once the Bill is passed in both Houses of Parliament, it will take effect on a date specified by the Central Government through a notification in the Official Gazette.
Additionally, The Union Territories Law (Amendment) Bill, 2024 is expected to be tabled. It seeks to amend the Government of Union Territories Act, 1963, the Government of National Capital Territory of Delhi Act, 1991, and the Jammu and Kashmir Reorganisation Act, 2019. These amendments aim to align the provisions related to Union Territories with the broader changes proposed in the Bill.
Key Provisions of the ‘One Nation, One Election’ Bill
- Simultaneous Elections:
The Bill introduces Article 82A, enabling simultaneous elections to the Lok Sabha and all State Legislative Assemblies. This concept is defined as holding general elections for the Lok Sabha and Legislative Assemblies concurrently.- As per the Bill, the President will issue a public notification on the first sitting date of the Lok Sabha after a general election, marking this as the appointed date.
- All Legislative Assemblies formed in elections conducted after the appointed date and before the Lok Sabha’s full term ends will conclude their tenure at the same time as the Lok Sabha.
- Deferment of Assembly Elections:
Section 82A(5) empowers the Election Commission to recommend a delay in Assembly elections if it believes they cannot be conducted alongside Lok Sabha elections. The President may issue an order based on such a recommendation, allowing these Assembly elections to occur later. - Alignment of Assembly Terms with Lok Sabha:
Even if Assembly elections are deferred, the term of the Legislative Assembly will still end on the same date as the Lok Sabha’s term, as stated in the Bill.A question arises about the governance period between the end of an Assembly’s full term and the notification of elections if deferment occurs. - Mid-Term Elections:
The Bill proposes inserting clauses (3) to (7) in Article 83, defining mid-term elections.- If the Lok Sabha is dissolved before its five-year tenure ends, the period from the dissolution date to the end of the original term will be considered the unexpired term.
- During this period, a mid-term election will be held, and the newly constituted Lok Sabha will serve only for this unexpired term. However, this new Lok Sabha will not be treated as a continuation of the dissolved one.
Union Territories Amendment Bill
The Government of Union Territories Act, 1962, and related laws governing the National Capital Territory and Jammu & Kashmir will also be amended to incorporate provisions for simultaneous and mid-term elections.
Rationale for the Bill
The government emphasized the necessity of simultaneous elections, citing the disruption caused by the frequent imposition of the Model Code of Conduct (MCC) during elections in various parts of the country. It argued that the MCC halts developmental programs, disrupts public services, and diverts manpower from essential duties to prolonged election-related work.
A High-Level Committee, chaired by former President Ram Nath Kovind, submitted a report in March advocating simultaneous elections for the Lok Sabha, State Legislative Assemblies, and local bodies. This Committee was constituted in September 2023 to examine the feasibility of the ‘One Nation, One Election’ initiative.
