‘Constitutional monstrosity’: P Chidambaram attacks One Nation, One Election Bill
The Joint Parliamentary Committee (JPC) examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024 received submissions questioning whether the Bills are compatible with the basic structure of the Constitution and the federal design of Centre-state relations
Submissions before the Committee argued that the Bill's "appointed date" mechanism, which is tied to the first sitting of the Lok Sabha after a general election, could push the implementation of simultaneous elections beyond 2029
The Committee also received suggestions on defining specific, enumerated grounds under which a state legislative assembly's term could be curtailed or extended to align with the synchronised election cycle
The JPC continues its examination of the Bills ahead of submitting its report to Parliament
Constitution (129th Amendment) Bill, 2024 and the "Appointed Date" Mechanism (Article 82A)
The Bill inserts a new Article 82A to synchronise Lok Sabha and state assembly elections, and amends Articles 83, 172, and 327. It does not enforce simultaneity directly on enactment; instead it operates from a future "appointed date" notified by the President.
Key Details
- Article 82A(1): the appointed date shall be the date of the first sitting of the Lok Sabha after a general election, notified by the President
- Article 82A(2): state assemblies constituted after the appointed date serve only until the end of the Lok Sabha's term (a truncated term), to bring them into sync
- Article 82A(3): the Election Commission of India is given responsibility for conducting the synchronised elections
- The Bills were introduced in Lok Sabha on December 17, 2024, and referred to the JPC on December 18, 2024
Since the "appointed date" can only follow a general election, and the next general election falls in 2029, the earliest a synchronised cycle can begin is contested — submissions before the JPC argue simultaneous polls are therefore unlikely to be operational for the 2029 election itself, a reading examined and disputed within the Committee.
Kovind Committee (High-Level Committee on Simultaneous Elections)
The High-Level Committee headed by a former President was constituted on September 2, 2023, to examine the feasibility of simultaneous elections. Its report, submitted in 2024, forms the basis of the current Bills.
Key Details
- Recommended a two-step approach: Lok Sabha and state assembly elections synchronised first, followed by local body (municipal and panchayat) elections within 100 days
- Recommended constitutional amendments to Articles 82A and 324A (the latter for local body synchronisation)
- Recommended that a single electoral roll and Electoral Photo Identity Card be prepared by the Election Commission in consultation with State Election Commissions
- Recommended that amendments confined to Lok Sabha-Assembly synchronisation need not be ratified by state legislatures under Article 368, but amendments extending to a common electoral roll and local-body synchronisation would require ratification by at least half the states
The Committee's own recommendation on ratification is central to the constitutional objections raised before the JPC — if synchronisation is held to touch the federal structure despite avoiding the enumerated Article 368 categories, the Bill's procedural route (ordinary special majority, no state ratification) could itself be challenged.
Basic Structure Doctrine and Federalism
The basic structure doctrine holds that while Parliament has wide power to amend the Constitution under Article 368, it cannot alter features considered part of the Constitution's "basic structure" — including federalism, democracy, and free and fair periodic elections.
Key Details
- Originates from Kesavananda Bharati v. State of Kerala (1973), decided by a 13-judge bench in a 7:6 verdict — the largest bench in Indian constitutional history
- Federalism and democracy have both been separately affirmed as basic features in later cases, including S.R. Bommai v. Union of India (1994) on federalism
- Article 368 itself was amended after Kesavananda Bharati (via the 42nd Amendment, 1976) to assert unlimited amending power, but the basic structure limitation was reaffirmed in Minerva Mills v. Union of India (1980)
Objections raised before the JPC frame the argument that curtailing or extending elected state assemblies' terms to fit a national election cycle affects the federal balance between the Union and states, which is the constitutional substance behind the "basic structure" challenge to the Bill.
Article 368 — Amendment Procedure and State Ratification
Article 368 prescribes two routes for constitutional amendment: a special majority of Parliament alone, or a special majority plus ratification by at least half the state legislatures for provisions affecting the federal structure.
Key Details
- Special majority: a majority of the total membership of each House, and a two-thirds majority of members present and voting
- State ratification is required only for a specified list of provisions, including Articles 54, 55, 73, 162, 241, 279A, and Article 368 itself — matters concerning the election of the President, distribution of legislative powers, and representation of states in Parliament
- The 129th Amendment Bill does not directly amend any article on the ratification list, so it has been introduced without provision for state ratification
Whether the Bill's exclusion of state ratification is constitutionally sound, given its practical effect on state assembly terms, is a live procedural question the JPC has been asked to consider alongside the substantive federalism objections.
- Constitution (129th Amendment) Bill, 2024 and Union Territories Laws (Amendment) Bill, 2024: introduced in Lok Sabha December 17, 2024
- Referred to the Joint Parliamentary Committee: December 18, 2024
- Kovind Committee (High-Level Committee on Simultaneous Elections): constituted September 2, 2023
- Kesavananda Bharati v. State of Kerala: decided 1973, 13-judge bench, 7:6 majority
- Article 368 special majority: majority of total membership + two-thirds of members present and voting
- Next scheduled general election to the Lok Sabha: 2029
- New constitutional provision proposed: Article 82A (synchronised elections), alongside amendments to Articles 83, 172, and 327