Politics

Why Passing 'One Nation One Election' Bills In Parliament Is An Uphill Task For BJP

Nishtha Anushree

Sep 30, 2024, 02:33 PM | Updated 02:58 PM IST


PM Modi
PM Modi

Following the union cabinet’s approval of the 'One Nation, One Election' proposal, the Narendra Modi government is set to table three Bills in Parliament during the upcoming winter or budget sessions.

According to experts, two of the three Bills will require a special majority. This means the support of two-thirds of the members of Parliament (MPs) will be required, which could prove challenging for the Bharatiya Janata Party (BJP).

This is because the BJP won 240 seats in the 2024 Lok Sabha elections, and with its allies, the National Democratic Alliance (NDA) holds 292 seats, still short of the 362 needed for a two-thirds majority.

The two Bills requiring a special majority involve constitutional amendments aimed at conducting simultaneous elections for the Lok Sabha, state assemblies, and local bodies in a phased manner.

The third Bill will require a simple majority, meaning the support of more than half of the MPs. It will amend provisions in three laws related to Union Territories with legislative assemblies — Puducherry, Delhi, and Jammu and Kashmir.

This amendment aims to synchronise the terms of these assemblies with those of other legislative assemblies and the Lok Sabha, as outlined in the first Constitutional Amendment Bill.

The Proposed Amendments

The Kovind Committee proposed amendments to three Articles, along with 12 new sub-clauses to existing Articles and adjustments to three laws related to Union Territories with legislative assemblies.

In total, there are 18 proposed amendments and new insertions. If the government implements the committee's proposals starting in 2029, 17 states will have assembly tenures of less than three years.

The proposed Bill aims to amend Article 82A by adding sub-clause (1) concerning the 'appointed date' and introducing sub-clause (2) related to the simultaneous conclusion of the terms for both the Lok Sabha and state assemblies.

Additionally, the Bill seeks to amend Article 83(2) and add new sub-clauses (3) and (4) regarding the duration and dissolution of the Lok Sabha, including provisions for the dissolution of legislative assemblies.

It also proposes an amendment to Article 327 to include the term 'simultaneous elections.' Notably, this Bill will not require ratification from at least 50 per cent of the states, as recommended.

One of the proposed Constitutional Amendment Bills aims to synchronise local body elections with those of the Lok Sabha and state assemblies, which will require approval from at least 50 per cent of the states.

The second Constitutional Amendment Bill seeks to revise the provisions related to the preparation of electoral rolls by the Election Commission in consultation with State Election Commissions for local body elections.

Additionally, it will establish provisions for conducting simultaneous elections for municipalities and panchayats alongside those for the Lok Sabha and state legislative assemblies by introducing a new Article 324A.

Finally, the third Bill proposes amendments to the Government of National Capital Territory of Delhi Act of 1991, the Government of Union Territories Act of 1963, and the Jammu and Kashmir Reorganisation Act of 2019.

Nishtha Anushree is Senior Sub-editor at Swarajya. She tweets at @nishthaanushree.


Get Swarajya in your inbox.


Magazine


image
States