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One [Applause] Nation one [Music] election the 129th Constitution Amendment Bill 2024 is a landmark proposal aimed at introducing simultaneous elections to the local SAA and State Legislative assemblies based on the recommendations of a higher level committee shared by former president ramnad Goin the bill seeks to streamline the Electoral calendar reduce the financial and administrative burden of frequent elections and improve governance to achieve this the bill proposes key amendments to constitutional Provisions including article 83 article 172 and also introduces a new article 882a to enable simult anous elections across the country understandably the bill has sparked a significant legal and constitutional debate across the country particularly concerning its implications on federalism the basic structure of the Constitution and principles of democracy critics argue that aligning State elections with the loksabha May undermine the autonomy of the state legislatures and centralized power raising questions about the balance between the union and the states legal experts are also analyzing whe whether the proposal Alters essential features of the Constitution such as federalism and Democratic representation which form its core foundation so let's understand this by first understanding what does the bill entail the bill introduces a new article 882a in the Constitution which lays the foundation for simultaneous elections elections for the loksabha and state assemblies which currently occur at different intervals will now be held together to operationalize this the president will declare an appointed date coinciding with the first sitting of the Lo saaba after a general election this appointed date becomes the Baseline for aligning the Electoral terms of both the loksabha and the state assemblies the tenure of the Lo saaba will be fixed at 5 years starting from the appointed date simultaneously the tenures of all the State Legislative assemblies constituted after the appointed date will also align with this 5year term this synchronization ensures that elections for both the loksabha and the state assemblies will occur simultaneously at the end of each cycle if the loksabha or a State Assembly is dissolved before completing its term fresh elections will be held however the newly constituted house or assembly will serve only for the remaining unexpired term of the original 5-year tenure this ensures that the synchronized electoral timeline remains intact and avoids disruptions to the new system to give effect to these changes Amendments have been proposed to existing constitutional Provisions including article 83 that relates to the duration of the parliament article 172 that pertains to the term of the state legislature and article 327 that empowers Parliament to regulate elections these amendments provide the Legal Foundation for implementing the simultaneous elections entire framework the government has argued that the Bill addresses the challenges posed by the India's current staggered electoral system which results in frequent elections across States and at the national level this pattern disrupts governance as political parties and administrative Machinery remain in Perpetual campaign mode by aligning elections for the Lo saaba and the state assemblies the bill aims to minimize electoral fatigue amongst voters reduce administrative costs and allow governments to focus more on policym and long-term governance Additionally the financial burden of conducting elections will also be significantly reduced simultaneous elections will allow the election commission and other administrative bodies to streamline their resources and planning improve efficiency and reduce logistical challenges for Citizens the reform will also Elevate the voter fatigue caused by repeated visits to the polling stations the Ramat coin Le panel provided a framework for this proposal after examining the feasibility of simultaneous elections by accepting the committee's recommendations the government has sought to address these long-standing challenges in the electoral process now let's understand what is the Parliamentary procedure and the special majority requirement the procedure for passing the bill under article 368 of the Constitution involves determining whether a special majority of parliament suffices or if ratification by at least half the states is also required legal experts constitutional Scholars and former officials have weighed in highlighting the nuances of parliamentary procedures and federalism concerns under article 368 Clause 2 Constitutional Amendments require a special majority this means that 2/3 of the members present and voting in each house of the parliament must approve the bill provided a quorum of at least half the total membership is the bill has to be presented before both houses of the parliament and 2/3 of those present and voting will have to vote for it to be passed senior Advocate sidhart lutra has said former loksabha secretary PDT achari has said that the bill being a constitutional amendment will be subjected to such procedural requirement it is basically a constitutional amendment bill which will be examined by The Joint parliamentary committee also called the JPC and a constitution amendment requires a special majority is what PD aari said this procedural step is clear and uncontested however the next question is whether the bill requires ratification by States and this has been a subject of an interesting debate so does the bill require the ratification by the states under article 368 Clause 2 certain Constitutional Amendments must also be ratified by at least half the state legislatures these include amendments that alter the federal structure of the Constitution change the representation of the states in Parliament and modify Provisions in the seventh schedule that includes the union state and concurrent lists whether or not it requires ratification by the states as dependent upon the Amendments that it proposes article 368 specifies the Amendments that need to be ratified particularly those affecting the legislative relation between the state and the center or any of the items in the seventh schedule achari said the Bill's proposal to synchronize the terms of State assemblies with the Lo saaba could be seen as impacting State autonomy a fundamental aspect of federalism senior Advocate abishek Manu singi has also strongly argued that state ratification in this case is essential when the terms of the state assemblies are being changed when the character itself is being altered I don't understand how they can say that they don't need consent of the states this directly affects State autonomies elections and governance any constitutional Court will educate the committee on the correct position sing said echoing similar sentiments another senior Advocate sanjoy Kos said that if any of the rights of the state legislature are being curtailed then it will require ratification by majority of the state assemblies as well on the contrary sidhart lutra offered a differing perspective he argued that ratification might not be needed because the bills do not amend the legislative entries in the seventh schedule issues regarding elections to State assemblies and Parliament are governed by the seven schedule and there's no amendment to any of these legislative entries he said however sidhart lutra also acknowledged the likely Challenge on the grounds of federalism and basic structure Doctrine there's a likely Challenge on federalism you're trying to curtail the freedoms of certain legislatures and wider consultations are always essential he said what is the role of the JPC let's understand that now given the contentious nature of the bill and its po itial impact on federalism the government has referred it to a JPC which will conduct wider consultations engage with stakeholders and submit recommendations for parliament's consideration when the matter gets referred to the JPC it's for the JPC to come out with a report and provide suggestions which can be considered by the parliament the JPC can have wider consultations to understand the views of different stakeholders particularly the people of India Sadat lutra has said critics have argued that one Nation one election infringes on the principle of federalism a part of the Constitution's basic structure altering the terms of State assemblies to align with loks sabah's tenure curtails the autonomy of the states abishek Manu singi has strongly emphasize this concern saying you're directly affecting State elections Municipal elections and pchy Raj elections this cannot be done without State's consent additionally senior Advocate and King's Council Harish Al has highlighted that while the main amendment requires a special majority any consequential amendments to laws like the representation of people's act can be passed by a simple majority the consequential Amendments that will be made to the RP act can be done through a simple majority he said however Harish Sala has also pointed out that the high level committee had taken the view that the bill did not require State ratification and he also acknowledged that this was not the final view while legal experts remain divided on whether State ratification is essential the final determination will likely hinge on constitutional interpretation and judicial scrutiny particularly with respect to federalism principles enshrined in the basic structure Doctrine the government doesn't have the numbers for a special majority the bill seems to be like a show of intent rather than a realistic proposal at this stage senior Advocate sanjo K said ultimately the procedural and constitutional validity of the bill will face the close scrutiny both in Parliament and potentially before The Supreme Court of India