"Militates against basic structure of Constitution": Congress MP Manish Tewari slams 'One Nation, One Election' bill

Dec 17, 2024

New Delhi [India], December 17 : Congress MP Manish Tewari on Tuesday argued that the "One Nation, One Election" bill goes against the basic structure of the Constitution while registering his opposition. Tewari said that the bill would disrupt the balance between the central and state governments and undermine India's federal system.
Speaking about the bill, Tewari said, "It militates against the basic structure of the Constitution. India is a union of states, so therefore you cannot arbitrarily cut short the tenure of state assemblies." While speaking to ANI, the Congress MP also underlined that the relationship between the centre and the states is meant to be equal, as outlined in the Constitution.
Tewari questioned the idea of aligning the tenure of state assemblies with that of the national parliament, stating, "The fundamental principles of federalism envisage that the centre and the state are equal partners in the Indian constitutional scheme. How can you make the tenure of the state assemblies subject to the tenure of the national parliament? Under what provision of the Constitution do you get that leverage?"
He further pointed out that the proposal raised serious constitutional concerns and questioned its legitimacy. "So therefore there are very fundamental constitutional questions involved. That is why this bill has been consistently opposed or this idea has been opposed consistently since its inception," he added.
Tewari stressed that any attempt to push the bill through Parliament would be unconstitutional. "What is against the constitutional scheme is against the constitutional scheme, and under those circumstances, if you try and push it through, you will essentially be putting an unconstitutional legislation through Parliament," he said.
The "One Nation, One Election" bill aims to hold simultaneous elections for the Lok Sabha and state assemblies across India. However, it has faced strong opposition from several political parties, including Congress, who argue that it undermines India's federal structure and could potentially weaken the role of state governments.
Earlier in the day, the Congress MP submitted a formal notice to oppose the introduction of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, in the Lok Sabha. The bill, which aims to implement the 'One Nation, One Election' proposal, is scheduled to be introduced by Union Law Minister Arjun Ram Meghwal on Tuesday.
Tewari, in his notice addressed to the Secretary-General of the Lok Sabha under Rule 72 of the Rules of Procedure, expressed strong objections to 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.