Bill for Union Territories, including Jammu and Kashmir, to be presented separately
Excelsior Correspondent
JAMMU, Dec 14: The upcoming bill on ‘One Nation, One Election’ (ONOE) is set to be introduced in the Lok Sabha on Monday, highlighting the urgent need for conducting simultaneous elections due to the rising costs and time commitments associated with polls.
The Constitution Amendment Bill, on the agenda, indicates that the enforcement of a Model Code of Conduct in various election-bound regions halts ongoing development initiatives and disrupts everyday public activities.
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Additionally, the Government is presenting another bill that requires a simple majority for approval in both Houses.
The Union Territories Laws (Amendment) Bill, 2024 aims to implement “consequential amendments” to the Government of Union Territories Act, 1963 (pertaining to Puducherry), the Government of National Capital-Territory of Delhi Act, 1991, and the Jammu and Kashmir Reorganization Act, 2019, to synchronize the holding of simultaneous elections with the elections for the House of the People and State Legislative Assemblies.
Law Minister Arjun Ram Meghwal will table the bill concerning Union Territories, including Jammu and Kashmir, in the Lok Sabha.
Delhi, Puducherry, and Jammu and Kashmir are the three Union Territories that possess Legislative Assemblies.
The Jammu and Kashmir Reorganization Act of 2019, which received Parliament’s approval on August 5, 2019, has undergone various amendments. This act was enacted to revoke Article 370 of the Constitution of India, which granted special status to the former State of Jammu and Kashmir, resulting in its division into the Union Territories of Jammu and Kashmir and Ladakh, with Ladakh not having its own Legislature.
The bill stipulates that the Jammu and Kashmir Assembly will complete its full term. In the event of early dissolution of the Assembly, a mid-term election will be conducted only for the remaining period of five years.
The first bill (The Constitution 129th Amendment Bill 2024) indicates that the frequent imposition of the poll code also adversely affects service operations, diverting manpower from their essential tasks to election responsibilities for extended durations.
This bill seeks to introduce a new article in the Constitution and amend three existing articles to establish a framework for conducting simultaneous elections for the Lok Sabha and State Assemblies.
The proposal involves the insertion of a new Article 82A—enabling simultaneous elections to the House of the People (Lok Sabha) and all Legislative Assemblies—and amendments to Article 83 (Duration of Houses of Parliament), Article 172 (Duration of State Legislatures), and Article 327 (Parliament’s authority to legislate regarding elections to Legislatures).
Furthermore, it mandates that upon enactment, a notification must be issued by the President on the date of the first session of the Lok Sabha following a general election, which will be designated as the appointed date.
The Lok Sabha’s tenure will last five years starting from this appointed date.
All State Assemblies established through elections conducted after the appointed date and prior to the expiration of the full term of the Lok Sabha will conclude upon the termination of the Lok Sabha’s full term.
“Subsequently, general elections for the House of the People and all Legislative Assemblies will occur simultaneously.
“In instances of the premature dissolution of the House of the People or a Legislative Assembly before the completion of the respective full terms, the tenure of the newly formed House or Assembly through elections will be limited to the unexpired term of the dissolved House or Assembly,” the bill elaborates.
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