Chidambaram tells JPC ‘One Nation, One Election’ Bills are unconstitutional, mindless
The Joint Parliamentary Committee (JPC) examining the Constitution (129th Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024 continued its stakeholder consultations, hearing views on the constitutionality of the "One Nation, One Election" (simultaneous elections) proposal.
Among the submissions made to the committee was the argument that curtailing the tenure of a duly elected legislature before completion of its full term amounts to a violation of the basic structure of the Constitution.
The committee also heard the counter-view that synchronising Lok Sabha and State Assembly elections does not by itself alter any basic structure feature.
The JPC's tenure has been extended by the Lok Sabha to the first day of the last week of the Monsoon Session, 2026, to allow further consultations with legal experts, state governments, and public representatives.
The Constitution (129th Amendment) Bill, 2024
This Bill, along with the companion Union Territories Laws (Amendment) Bill, 2024, seeks to enable simultaneous elections to the Lok Sabha and all State Legislative Assemblies. It proposes inserting a new Article 82A (providing for simultaneous elections) and amending Article 83 (duration of Houses of Parliament), Article 172 (duration of State Legislatures), and Article 327 (Parliament's power to make provisions for elections to legislatures). Under the scheme, the President would notify an "appointed date" after a general election to the Lok Sabha, from which all subsequently constituted State and UT Assemblies would have their terms end together with the Lok Sabha's term, effectively synchronising future election cycles from 2034 onward under current projections.
Key Details
- Introduced in Lok Sabha in December 2024 and referred to a Joint Parliamentary Committee (JPC) the same month.
- The JPC has 39 members — 27 from the Lok Sabha and 12 from the Rajya Sabha — chaired by a Lok Sabha member.
- Provides for mid-term elections (if a House is dissolved early) to be held only for the unexpired/remainder term, not a fresh full five-year term.
- Because the Bill does not amend any of the entrenched provisions listed in the proviso to Article 368(2) (e.g., manner of election of the President, representation of States in Parliament), the government's position is that it does not require ratification by half the State legislatures — only Parliament's special majority under Article 368(2).
The JPC process itself — referral of a Constitution Amendment Bill to a joint committee for wider stakeholder consultation before floor voting — is a standard part of India's constitutional amendment procedure, distinct from the amendment procedure itself.
Basic Structure Doctrine
The basic structure doctrine holds that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or destroy features regarded as part of the Constitution's "basic structure" — even through a constitutionally valid amendment. The doctrine was propounded by a 13-judge bench in Kesavananda Bharati v. State of Kerala (1973), decided by a narrow 7:6 majority.
Key Details
- Basic structure elements identified across subsequent cases include supremacy of the Constitution, rule of law, separation of powers, judicial review, free and fair elections, federalism, and secularism (an illustrative, non-exhaustive list — the Supreme Court has never issued a closed list).
- Free and fair periodic elections have been recognised in later rulings as part of democracy, itself held to be a basic feature.
- Any constitutional amendment can be struck down by courts (judicial review) if it is found to damage or destroy the basic structure — this is the precedent used to test the validity of the 129th Amendment Bill's provisions once/if enacted.
Objections raised before the JPC framed premature curtailment of an elected legislature's five-year term as a potential basic structure violation (affecting federalism and democratic accountability); the counter-position was that synchronising election cycles does not itself alter any recognised basic feature. Courts, not the JPC, would ultimately adjudicate such a challenge if the Bill is enacted and challenged.
Constitutional Amendment Procedure (Article 368)
Article 368 lays down the procedure for amending the Constitution. Most provisions can be amended by a "special majority" of Parliament — a majority of the total membership of each House, and a majority of not less than two-thirds of members present and voting. A narrower category of amendments (those affecting federal provisions listed in the proviso to Article 368(2), such as the manner of election of the President, or the representation of States in Parliament) additionally require ratification by the legislatures of not less than one-half of the States.
Key Details
- Simple-majority Bills (ordinary legislation) require only more votes in favour than against among those present and voting.
- Special-majority Bills under Article 368 need both a majority of total membership and a two-thirds majority of those present and voting, in each House separately.
- State ratification is required only for the narrow, entrenched category of amendments listed in the Article 368(2) proviso.
- A Constitution Amendment Bill can be referred to a Select Committee, Joint Committee, or examined by a Standing Committee before consideration; the JPC route (as used here) brings together members of both Houses in a single committee.
Passing the 129th Amendment Bill requires a special majority in both Houses of Parliament — a significantly higher bar than an ordinary Bill — which is central to why cross-party numbers in Parliament matter for the Bill's prospects, independent of the constitutional merits being debated before the JPC.
- Constitution (129th Amendment) Bill, 2024 and Union Territories Laws (Amendment) Bill, 2024 — introduced in Lok Sabha, December 2024; referred to JPC same month.
- JPC strength: 39 members (27 Lok Sabha + 12 Rajya Sabha).
- JPC tenure extended till the first day of the last week of the Monsoon Session, 2026.
- Basic structure doctrine: laid down in Kesavananda Bharati v. State of Kerala (1973), 7:6 majority, 13-judge bench — the largest bench in Supreme Court history.
- Special majority for constitutional amendment: majority of total membership + two-thirds of members present and voting, in each House.
- State ratification (by at least half the states) is required only for amendments to the specific federal provisions listed in the proviso to Article 368(2).