Congress MP Manish Tewari Opposes Government’s Bill On One Nation, One Election

Congress MP Manish Tewari has formally issued a notice opposing the introduction of the “Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024,” which proposes the introduction of simultaneous elections for the Lok Sabha and State Assemblies. In a notice submitted on Monday, Tewari outlined several constitutional concerns and expressed his intention to oppose the Bill in the upcoming Lok Sabha session.

“I give notice of my intention to oppose the introduction of The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 under Rule 72 of the Rules of Procedure,” Tewari stated.

Tewari’s Constitutional Concerns

Tewari’s objections to the proposed Bill are rooted in his belief that it violates core constitutional principles. He specifically pointed out that the Bill undermines the federal structure enshrined in India’s Constitution.

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Article 1 of the Constitution designates India as a “Union of States,” affirming its federal character. Tewari argues that the Bill, which seeks to align the elections of the Lok Sabha and State Assemblies, challenges this framework by imposing uniformity across diverse states. He warned that such a move risks diminishing state autonomy, weakening local democratic engagement, and centralizing power in a manner that threatens India’s pluralistic and diverse democratic ethos.

Tewari emphasized that disregarding the distinct political, cultural, and social contexts of individual states not only undermines their uniqueness but also weakens the principles of federalism, which are fundamental to the Constitution.

Impact On The Basic Structure Of The Constitution

The Congress leader further expressed concerns that the Bill would alter the basic structure of India’s Constitution. He pointed out that the introduction of Article 82A to facilitate simultaneous elections would require the premature dissolution of State Assemblies, thus altering the fixed tenure of legislative bodies. This, he argued, directly contradicts Articles 83 and 172, which guarantee fixed terms for the Lok Sabha and State Assemblies.

Tewari cited the landmark Supreme Court case, Kesavananda Bharati vs. the State of Kerala, which established the basic structure doctrine, prohibiting Parliament from amending the Constitution in ways that damage its foundational principles. He argued that the Bill violates this doctrine by undermining key elements such as federalism, separation of powers, and democratic governance.

Undermining State Governments And Federalism

In his notice, Tewari also criticized the Bill for weakening state governments. By aligning state elections with the general elections, the Bill would centralize the electoral process, effectively undermining the authority of elected state governments. Tewari warned that this could lead to an erosion of grassroots democracy and encroach on the autonomy of local governance.

Additionally, Tewari raised concerns over the potential for prolong periods of President’s Rule under Article 356 in states where government dissolve. This, he argued, could result in entrenching central control and further eroding federalism.

Tewari Calls For Reconsideration

In light of these constitutional and procedural issues, Tewari strongly opposed the introduction of the Bill in its current form. He urged the Union Government to reconsider its position until these concerns are properly addressed.

Despite Tewari’s objections, the government has scheduled the introduction of the “Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024” in the Lok Sabha on Tuesday. The Bill is part of the government’s ongoing efforts to implement the One Nation, One Election concept, which aims to synchronize elections for the Lok Sabha and state assemblies across India.