‘One Nation, One Election’: Congress opposes introduction of Invoice

He mentioned this transfer contravenes the fundamental construction doctrine established by the Supreme Courtroom in Kesavananda Bharati vs. the State of Kerala, which prohibits Parliament from amending the Structure in a fashion that damages its basic rules.

“By undermining the federal character of governance and implementing uniformity, the Invoice violates core components of the fundamental construction, together with federalism, separation of powers, and the republican and democratic framework. As emphasised by hon’ble chief justice Sikri within the judgment, foundational rules such because the Structure’s supremacy, its federal and secular character, and the separation of powers impose inherent limitations on Parliament’s amending authority. This proposal represents a major overreach, threatening the foundational ethos of the Structure,” the Congress MP’s discover reads.

Tewari additionally mentioned the invoice undermines the state governments. “The introduction of the Structure (One Hundred and Twenty-Ninth Modification) Invoice, 2024, which seeks to align state meeting elections with common elections, poses a direct problem to the federal construction enshrined within the Structure. By centralising electoral processes, the Invoice undermines the authority of elected state governments, weakens grassroots democracy, and encroaches on the autonomy of native governance. Moreover, in cases the place state governments are dissolved, the potential for prolonged durations of President’s Rule below Article 356 dangers entrenching central management, thereby eroding the foundational rules of federalism.”

“In mild of the aforementioned constitutional and procedural considerations, I strongly oppose the introduction of the Structure (One Hundred and Twenty-Ninth Modification) Invoice, 2024, in its present kind. I urge the Union Authorities to rethink its introduction till these points are adequately addressed,” Tewari’s discover reads.

The federal government has listed for introduction within the Lok Sabha on Tuesday a constitutional modification invoice for holding Lok Sabha and Meeting elections concurrently.