The 129th Constitution Amendment Bill, introduced in Lok Sabha in December 2024, has sparked debate regarding its potential impact on India's federal structure. The bill aims to enable simultaneous elections for the Lok Sabha and all State Legislative Assemblies, promoting a "One Nation One Election" framework. While proponents argue it will enhance efficiency, reduce costs, and ensure governance stability, concerns have been raised about its implications for state autonomy and the balance of power between the Union and the states.
Key Provisions and Potential Impacts
The 129th Amendment Bill empowers the Election Commission to conduct simultaneous elections for the Lok Sabha and all State Assemblies. To implement this, the President may issue a notification aligning the terms of State Assemblies with the Lok Sabha's five-year term. If the Lok Sabha or a State Assembly is dissolved prematurely, an election will be held only for the remainder of the five-year term. The bill also grants the Election Commission the authority to recommend postponing an Assembly election to the President if it cannot be held simultaneously.
Federalism Concerns and Safeguards
Some experts argue that the bill could potentially disturb the federal character of the Constitution by increasing the Union government's dominance and granting wider discretion to the President and the Election Commission. A key concern revolves around the potential truncation of State Assembly terms to align with the Lok Sabha's electoral cycle. While the bill ensures that no existing Assembly's term is retrospectively curtailed, future Assemblies elected between Lok Sabha elections could have significantly shortened terms.
However, the bill also incorporates safeguards to mitigate these concerns. The power to defer state elections rests with the President, acting on the Election Commission's recommendation, ensuring that any postponement is based on objective assessments of feasibility. Moreover, the bill does not include controversial mechanisms like fixed-term tenures or constructive votes of no confidence, which were present in earlier proposals. These omissions suggest a conscious effort to avoid directly impinging on the states' legislative autonomy.
Arguments for Upholding Federalism
Several arguments support the view that the 129th Amendment Bill does not fundamentally alter the federal structure. Simultaneous elections can lead to more focused governance by reducing the disruptions caused by frequent elections and the repeated imposition of the Model Code of Conduct. This can allow state governments to pursue their developmental agendas more effectively. Furthermore, the bill does not alter the fundamental division of powers between the Union and the states, as enshrined in the Constitution's Seventh Schedule. States retain their legislative and executive powers, and the bill primarily focuses on synchronizing the electoral process.
Conclusion
The 129th Constitution Amendment Bill represents a significant step towards implementing simultaneous elections in India. While concerns about its potential impact on federalism have been raised, the bill also incorporates safeguards to protect state autonomy. The ultimate effect on the federal structure will depend on how the provisions are implemented and interpreted in practice. The bill's proponents emphasize its potential to improve governance and reduce electoral costs, while critics highlight the need to ensure that state autonomy is not compromised in the pursuit of efficiency. As the bill progresses through the parliamentary process, it is crucial to carefully consider these competing perspectives to ensure that any reforms to the electoral system are consistent with the Constitution's fundamental principles.
