With Union Law Minister Arjun Meghwal introducing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, the Bill on “one nation, one election” has become a reality. The government will face an uphill task getting the bill cleared by both houses of the Parliament as it will need a two-thirds majority in each house. In other words, it will require 362 votes in the Lok Sabha and 162 votes in the Rajya Sabha.
The BJP-led ruling coalition of the NDA does not have these numbers. How will it proceed? However, the moot question is: what will be the strategy of the opposition bloc of INDIA to defeat the bill in both houses of the Parliament?
Also Read: Pandora’s Box: BJP Pushes For Sweeping Constitutional Changes To Enable ‘One Nation, One Election’
The Congress demanded division when the 129th Constitution Amendment Bill was introduced to the Lok Sabha. It was cleared in the division as 269 MPs voted in favour while 198 were against the motion. Only a simple majority of the members are present and voting is required when a bill is introduced in the House.
However, the opposition indicated its strategy of opposing the “one nation, one election” bill when Congress MP Manish Tewari made it clear that he would oppose the bill because it violated the spirit of federalism enshrined in the Indian Constitution.
Congress: Beyond Amending Power Of Parliament
He pointed out that beyond the seventh schedule of the Constitution, the basic structure doctrine is mentioned. The basic structure doctrine makes it clear that certain features of the Indian Constitution are beyond the amending power of the Parliament.
Tewari said that one of the essential features is federalism and the structure of our democracy. Calling the 129th Constitution Amendment Bill an assault on the basic structure of the Constitution, he said that it is beyond the legislative competence of Parliament.
Echoing the sentiments, Priyanka Gandhi called the bill “anti-constitutional”. Clarifying her stand, she said holding simultaneous elections is against the letter and spirit of federalism.
BJP President JP Nadda tried to blunt the attack of the Opposition on the plank of federalism by invoking BR Ambedkar. He said, “However good the Constitution of India may be, it might turn out bad if those implementing it are a bad lot.”
The Congress has decided to oppose the bill primarily on the issue of federalism in an attempt to galvanise the support of regional parties.
Congress Galvanises Support On Federalism
The Congress appears to succeed in garnering the support of most of the regional parties.
AIMIM leader Asaduddin Owaisi expressed his apprehension that the 129th Constitution Amendment bill will finish all the regional parties in the country. He went one step forward to say that the bill had been introduced to “satisfy the ego of the supreme leader.”
Opposing the One Nation One Election bill, as it is called, TMC MP termed it an “unashamed” attack on democracy.
TMC Opposes One Nation One Election Bill
Abhishek Banerjee attacked the BJP over the introduction of One Nation One Election Bill terming it an “unashamed” attack on democracy.
He said, “The brazen attempt of the BJP to introduce the bill is nothing short of an unashamed attack on democracy.”
He said further that the bill seeks to rob the people of their fundamental right to vote regularly.
Regional Parties Unite On Federalism
Showing a united front on the issue of the bill, Shiv Sena (UBT), Aam Aadmi Party, Congress and Samajwadi Party joined hands and urged the government to immediately withdraw the bill.
Slamming the saffron party for introducing the bill, Samajwadi Party MP Dharmendra Yadav said that “the BJP is trying to bring in ‘dictatorship’ in country.”
Can Basic Structure Be Changed?
While the BJP has emphasised that the Constitution may be amended however good it might be political analysts disagree. Most of the experts believe the basic structure of the Constitution can not be amended and federalism is one of those structures.
Kesavananda Bharati Case
Giving a landmark judgment in the famous Kesavananda Bharati case in 1973, the Supreme Court said that the basic structures of the Constitution cannot be changed.
The apex court in its 7-6 judgment ruled that Parliament could not alter the “basic structure” of the Constitution.It also said that the Constitution’s basic structure includes the rule of law and the independence of the judiciary.
S R Bommai Case
In the S R Bommai vs Union Of India case IN 1994, the Supreme Court affirmed the principles of federalism and cooperative federalism.
it said in the order that the union government could exercise power under Article 356 if a state government’s policies were directed against the basic structure of the Constitution. Thus it emphasised the basic structure of the Constitution and held it sacrosanct.
The success of the INDIA strategy can be gauged by the fact that even before a detailed debate on the bill is held, the ruling coalition has said that the bill may be sent to the Joint Parliamentary Committee.
One Nation One Election Bill To JPC?
Union Minister Arjun Ram Meghwal requested Lok Sabha Speaker Om Birla to refer the bill to a JPC for further consultation.
The BJP may have the strategy of putting the 129th Constitution Amendment Bill on the back burner. The winter session of the Parliament comes to an end on December 20. There is no time left for a detailed discussion. The BJP has already requested the speaker to send the bill to the JPC.
Will the bill get approved by the Parliament? Will Congress-led INDIA stand together to oppose the bill? Will the issue of federalism force the regional satraps to join hands and remain united till the bill is defeated in the House?
Time will answer these questions.
