One Nation, One Election Bills: Proposed changes to Constitution and what it will take to clear them

Two Bills related to the rollout of the One Nation, One Election proposal were introduced in the Lok Sabha on Tuesday. (PTI)

Two key bills proposing simultaneous elections across the country were formally introduced in the Lok Sabha by the BJP-led Centre on Tuesday. The bills, titled ‘The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024’ and ‘The Union Territories Laws (Amendment) Bill, 2024’, were tabled in the Parliament amid fiery debate between the Treasury and Opposition benches.

The bills aim to implement the much-debated ‘One Nation, One Election’ mechanism, which would synchronise elections to the Lok Sabha and state assemblies. The move, according to the government, seeks to streamline governance, reduce election-related expenses and minimise disruptions caused by frequent polls. However, the Opposition argues that the bills undermine India’s federal structure and raised concerns about autonomy of states.

Following intense discussions, the bills were introduced with 269 votes in favor and 198 votes against. They will now be sent to a Joint Parliamentary Committee (JPC) for a thorough examination. The proposal, based on recommendations by a high-level committee headed by former President Ram Nath Kovind, entails 18 legislative changes, including 15 constitutional amendments.

Key constitutional amendments

The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 lays the foundation for simultaneous elections by introducing a new article, Article 82A, and amending existing constitutional provisions.

Under Article 82A(1), the President will have the power to enforce the proposed changes on the first sitting of the Lok Sabha. Article 82A(2) states that after the appointed date, the terms of all state assemblies will end alongside the Lok Sabha’s five-year term. This means that some state assemblies may see their terms curtailed to enable synchronised elections.

Article 82A(3) will empower the Election Commission of India (ECI) to conduct general elections to the Lok Sabha and all legislative assemblies simultaneously. Article 82A(4) clearly defines simultaneous elections as those conducted for both the Lok Sabha and all state assemblies together.

In special circumstances, Article 82A(5) allows the ECI to defer an assembly election if holding it alongside Lok Sabha elections is deemed impractical. The Election Commission can recommend this to the President, who may then declare a separate date for that particular state assembly election.

Under Article 82A(6), if an assembly election is deferred, the new term of that assembly will still align with the end of the Lok Sabha’s full term.

The second bill, The Union Territories Laws (Amendment) Bill, 2024, brings necessary changes to laws governing Union Territories as UTs operate under a governance structure distinct from states, requiring separate provisions to ensure their elections can also align with the proposed simultaneous electoral system.

Handling mid-term dissolutions

The proposed One Nation, One Election Bills have addressed a critical question: What if a government collapses before completing its five-year tenure? The solution is proposed by amending Article 83 of the Constitution, which governs the term of Parliament.

Currently, the Lok Sabha's term is fixed at five years unless dissolved earlier, unlike the Rajya Sabha, where members retire in phases. The new proposal introduces a key change: if the Lok Sabha is dissolved mid-term, the next Lok Sabha will only serve the remaining, unexpired term of the previous House. For instance, if the Lok Sabha dissolves after three years, the new House elected will function for just two years, completing the original five-year term.

Another clause clarifies that this “mid-term” Lok Sabha will not be considered a continuation of the previous one. This ensures that pending bills and unfinished legislative business will automatically lapse, similar to what happens when a full-term House dissolves.

The Bills also propose changes to Article 372, extending Parliament’s powers to specifically include the “conduct of simultaneous elections”.

The same principles are extended to state Assemblies through amendments to Article 172, which governs their duration. If a state Assembly is dissolved mid-term, fresh elections would be held, but the newly elected Assembly would serve only the remaining period of the original five-year term.

These provisions aim to maintain electoral synchronisation without disrupting governance. By ensuring mid-term elections align with the broader electoral calendar, the amendments reinforce the viability of holding simultaneous polls while addressing the practical challenges of premature dissolutions.

What will it take to pass the amendments?

Passing these amendments is no small feat. Under Article 368 of the Constitution, constitutional amendments require a special majority in both the Lok Sabha and Rajya Sabha. This entails at least half the total membership of each House must vote in favor of the amendment; of those present and voting, at least two-thirds must support the amendments.

Municipal and local body elections have been excluded at this stage to simplify the process. Their inclusion would have necessitated ratification by at least half of all state legislatures.

Government vs Opposition arguments

While the government weighed upon the benefits of simultaneous elections — including reduced costs, greater administrative efficiency, and improved voter participation — the opposition fiercely criticised the proposal.

Opposition leaders have called the bills a threat to India’s federal structure, arguing that the curtailment of state assembly terms compromises the autonomy of state governments. They also expressed concerns about centralization of power, suggesting that the reform prioritizes uniformity over the diverse electoral needs of India’s states.

The government, however, countered these claims, reiterating that the proposed reforms would bring stability, reduce frequent disruptions caused by the Model Code of Conduct (MCC), and streamline governance.