Opposition opposes 'ONOE' Bill on concerns over federalism, basic structure doctrine

Manish Tiwari

Minutes after Union Law Minister Arjun Ram Meghwal tabled the 'One Nation, One Election Bill in the Lok Sabha, Congress leader Manish Tiwari, led the Opposition charge in emphatically opposing the bill calling it a threat to India's federal structure and democratic principles.

"My objections to the proposed Bill are based on serious concerns regarding constitutionalism and constitutionality," he stated.

Raising his first concern, Tewari said the bill violates India's federal character as defined in Article 1 of the Constitution. Dharmendra Yadav (SP) said the Bill is an attack on the federal structure outlined by framers of the Constitution. He said while a set of Assembly polls cannot be held together, the government is talking of One Nation, One Election.

Kalyan Banerjee of the TMC said it hits the basic structure of the Constitution. He said proposed insertion of an article is contrary to the present Constitution.

"The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which proposes simultaneous elections for the Lok Sabha and State Assemblies, directly challenges this federal framework by imposing uniformity across states. Such a move risks eroding state autonomy, diminishing local democratic engagement, and centralising power, thereby undermining the pluralism and diversity that are cornerstones of India's democratic ethos, " said Tiwari.

The Congress parliamentarian from Chandigarh also warned that implementing simultaneous elections would require amending Articles 83 and 172, which guarantee the fixed tenure of legislative bodies. He argued that such changes violate the basic structure doctrine of the Constitution, as established in the landmark Kesavananda Bharati judgment.

"The proposed insertion of Article 82A in the Constitution to facilitate simultaneous elections necessitates the premature dissolution of State Assemblies... This move contravenes the basic structure doctrine established by the Supreme Court... By undermining the federal character of governance and enforcing uniformity, the Bill violates core elements of the basic structure, including federalism, separation of powers, and the republican and democratic framework," the senior Congress leader observed.