After a fiercely contested debate between the treasury benches and Opposition parties, with the latter opposing the move, the government on Tuesday introduced two Bills in the Lok Sabha, including a Constitution amendment Bill, which lay down the mechanism to hold simultaneous elections, or “one nation, one poll (ONOP)”, to the Lok Sabha and state legislative Assemblies.
Opposition MPs termed the Bills "dictatorial", while Law Minister Arjun Ram Meghwal, who introduced the Bills, asserted that the legislations would not tamper with the powers enjoyed by states, and rejected allegations that they attacked the "basic structure doctrine”, as claimed by the Opposition.
Meghwal introduced the Constitution (129th Amendment) Bill after a nearly 90-minute debate, followed by a division of votes. As many as 269 members voted in favour of the introduction of the Bill, and 198 against it.
The law minister also introduced The Union Territories Amendment Bill, which seeks to align elections in the Union Territories of Puducherry, Delhi, and Jammu and Kashmir with the Lok Sabha polls. Union Home Minister Amit Shah and Meghwal told the House that the government was ready to refer the two Bills to a joint committee of Parliament for further scrutiny. If passed, the country could have “simultaneous polls” in 2034. The Constitution amendment Bill envisages insertion of Article 82 (A) and amending of Articles 83, 172, and 327.
Several Opposition MPs had submitted notices opposing the introduction of the Bills. Clauses 72 (1) and 72 (2) of the Lok Sabha’s Rules of Procedure and Conduct of Business of the House provide for an MP giving prior notice opposing the introduction of a Bill. Later, Opposition MPs, such as Congress’ Shashi Tharoor, among others, argued that the result of the division showed that the government did not have the two-thirds majority required to pass a constitutional amendment.
Tharoor said the government might constitute Parliament's joint committee in such a way that it has a majority but, without a two-thirds number in the House, there would not be a Constitution amendment.
However, constitutional experts, such as former Lok Sabha Secretary General P D T Achary, said a special majority, that is a two-thirds of members present and voting, is required for a Constitution amendment Bill only at the time of the passage of such a Bill. Parliamentary rules show that a Bill, including a Constitution amendment Bill, requires only a simple majority of the House at the time of its introduction, or for referring it to a select or a joint committee.
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