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Power shift to EC? Opposition slams one nation, one election bills— is there merit to the claim?
Breaking India News Today | In-Depth Reports & Analysis – IndiaNewsWeek > Politics > Opposition Critiques One Nation, One Election Bills: Do They Undermine Electoral Authority?
Politics

Opposition Critiques One Nation, One Election Bills: Do They Undermine Electoral Authority?

December 17, 2024 5 Min Read
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Understanding the ‘One Nation, One Election’ Initiative: An In-Depth Analysis

On December 17, Union Law Minister Arjun Ram Meghwal presented two significant bills in the Lok Sabha aimed at implementing the ‘one nation, one election’ policy, commonly referred to as simultaneous elections. This legislative move aligns with the government’s vision to streamline electoral processes across the country. The bills were pre-approved by the Union Cabinet led by Prime Minister Narendra Modi, setting the stage for these proposals to be further examined by the Joint Parliamentary Committee (JPC).

Key Legislative Changes Proposed

The two bills presented include:

  1. The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024
  2. The Union Territories Laws (Amendment) Bill, 2024

The key focus of the Constitution Amendment Bill is the introduction of Article 82A, which allows for simultaneous elections for the Lok Sabha and all state Legislative Assemblies. This article is intended to amend three existing articles of the Constitution and add a new provision that would facilitate the synchronization of elections.

Key Provisions of Article 82A

1. Simultaneous Elections:

  • Under Article 82A, the Election Commission of India (ECI) will be empowered to conduct general elections to both the Lok Sabha and all State Legislative Assemblies at the same time. This means that voters could head to the polls for both elections on a single day, potentially increasing voter engagement and reducing electoral costs.

2. Term Adjustments:

  • The tenure of state assemblies could be adjusted to align with the Lok Sabha’s five-year term. The opposition raises concerns that this could lead to some state assemblies being forced to curtail their terms to accommodate this framework.

3. ECI’s Expanded Role:

  • Proposed Article 82A(5) gives the ECI considerable discretion to recommend deferring elections for any legislative assembly if it deems the circumstances not favorable. This provision has drawn significant criticism for potentially undermining the autonomy of state governments and the federal structure of India.

Opposition to Simultaneous Elections

The introduction of these bills has not come without controversy. Opposition parties, led by notable figures from the Trinamool Congress and Congress party, have voiced strong dissent. Critics argue that the proposed changes threaten the core tenets of India’s federal structure.

Prominent points raised include:

  • Concentration of Power: Opponents assert that the ECI would gain excessive power under the new provisions, allowing it to determine election schedules at its discretion, potentially without adequate oversight.
  • Erosion of State Autonomy: Several leaders, including Trinamool Congress MP Mamata Banerjee, have emphasized that state legislative assemblies should not be governed by the Lok Sabha’s timeline, warning that these bills encroach upon the autonomy and powers of regional governments.
  • Constitutional Integrity: Critics argue that the amendments challenge the basic structure of the Constitution, which is designed to maintain a balance between central and state powers. They fear that such shifts could pave the way for a more centralized form of governance, adversely affecting federalism.

Summary and Implications

The proposal for ‘one nation, one election’ represents a transformative effort to reorganize the electoral framework of India. However, it has also ignited a fierce debate about governance, democracy, and the federal structure. While proponents argue that it would lead to cost and time-efficiency in conducting elections, opponents warn against the risks of power centralization and the potential threat to the democratic fabric of state governance.

As discussions progress in the JPC and further among lawmakers, the implications of these proposed amendments could redefine the relationship between the center and the states, ultimately affecting how democracy functions in India. It remains to be seen how these legislative proposals will evolve in the coming months amidst strong opposition and public scrutiny.

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