Explained: What is the law on ‘One Nation, One Election’?

AMIDST strong opposition from Opposition parties, the treasury benches on Tuesday introduced the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which seeks to pave the way for the simultaneous elections to the House of the People (Lok Sabha) and all legislative assemblies in India.

The proposed Bill seeks to add and modify articles to the Constitution to enable simultaneous elections. It has also recognised what is colloquially known as ‘mid-term’ elections.

Indian National Congress member of Parliament (MP) Manish Tiwari attacked the Bill. He said it is an assault on the basic structure of the Constitution and against democracy. He even questioned the Parliament's legislative competency in enacting such a law. MPs from the Samajwadi Party and the All India Trinamool Congress also opposed the introduction of the Bill in the Lok Sabha.

Under Article 368(2) of the Constitution, an amendment to the Constitution is required to be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

If the amendment seeks to make any changes to Articles 54, 55, 73, 162, 241 or 279A, it requires ratification by the legislatures of not less than one-half of the states. Similar ratification is required if the amendment seeks to make any change to Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI of the Constitution. The same is also required for any change to any of the Lists in the Seventh Schedule; or the representation of states in the Parliament; or the provisions of Article 368 itself.

The Articles which the Bill seeks to amend do not fall under the proviso which requires ratification by the state assemblies.

Proposed introduction of new Article 82A in the Constitution

The Bill seeks to add Article 82A to the Constitution. Sub-clause 1 of Article 82A provides for the appointment date on which the provisions of the Bill would come into force.

The President will do this through a public notification issued on the date of the first sitting of the House of the People after a general election.

Sub-clause 2, which is an important one, provides that notwithstanding anything in Article 83 and Article 172, the term of all legislative assemblies constituted in any general election held after the appointed date and before the expiry of the full term of the House of the People shall come to an end on the expiry of the full term of the House of the People.