Daily Current Affairs 0

December 18, 2024

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THE CONSTITUTION (129TH AMENDMENT) BILL OR THE ONE

NATION, ONE ELECTION BILL
Syllabus: POLITY AND GOVERNANCE
Context: Union Law Minister Arjun Ram Meghwal introduced the Constitution (One Hundred
and Twenty-Ninth Amendment) Bill, 2024, also known as the “one nation, one election” Bill
in the Lok Sabha. The Bill seeks to hold simultaneous elections for the Lok Sabha and state
assemblies. He also introduced the Union Territories Laws (Amendment) Bill, 2024, aimed at
aligning election schedules for the union territories of Jammu and Kashmir, Puducherry, and
the National Capital Territory of Delhi.
Learning Points:

• The concept of "One Nation, One Election" aims to synchronize the timing of Lok
Sabha and State Assembly elections across all states to reduce the frequency of
polls throughout the country.
• This practice was followed until 1967 but was disrupted due to defections, dismissals,
and dissolutions of governments.
▪ The cycle was first broken in 1959 when the Centre invoked Article 356 to
dismiss the Kerala government. Subsequent defections and counter-defections
led to separate polls for Lok Sabha and State Assemblies.
▪ Currently, the assembly polls in the States of Arunachal Pradesh, Sikkim,
Andhra Pradesh and Odisha are held together with the Lok Sabha elections.

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• The idea of conducting simultaneous elections was advocated in 1999 by the Law
Commission headed by BP Jeevan Reddy.
Key Takeaways from the Bills on One Nation, One Election
1. Simultaneous Polls:

• Scope: Currently, simultaneous polls are proposed only for the Lok Sabha and state
Assemblies, not municipal corporations.
2. Timeline for Implementation:

• Earliest Implementation: These changes can realistically take effect from the 2034
election cycle.
• Constitutional Amendment Bill: The President may bring the provisions into force on
the date of the first sitting of the Lok Sabha after a general election, with the earliest
date for the first sitting being 2029.
3. Mid-term Election Scenarios:

• The Bills include provisions for scenarios where mid-term elections may need to be
called at the state or central level.
4. Requirements for Constitutional Amendment:

• Special Majority: To pass the Constitutional amendment in Parliament, a special

majority is required in both Lok Sabha and Rajya Sabha.
▪ Condition 1: Half of both Houses must vote in favour.
▪ Condition 2: Two-thirds of the members present and voting must support
the amendment.
Details of the Proposed Amendments:

• The proposed amendments are in line with the recommendations by the High-Level
Committee on One Nation, One Election chaired by former President Ram Nath
Kovind, which submitted its report to President Droupadi Murmu in March 2024.
• The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024,
proposed to amend three articles of the Constitution and insert a new one, Article
82A (1-6).
• This new provision is intended to facilitate the transition to simultaneous elections. It
is proposed to be added after Article 82, which pertains to delimitation, which is the
readjustment of allocation of Lok Sabha seats among states after every decadal Census.
• According to the Bill, Article 82A provides for simultaneous elections to Lok Sabha
and state Assemblies.
▪ Article 82A (1): The first clause provides for the timeline. The President can
bring into force the proposed changes on the date of the first sitting of the
Lok Sabha.
▪ Article 82A (2): The second clause says the terms of all state Assemblies elected
after the appointed date and before the expiry of the full term of the Lok Sabha

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“shall come to an end on the expiry of the full term of the House of the People”.
This means that some Assemblies will have their five-year terms curtailed to
pave the way for simultaneous elections.
▪ Article 82A (3): The Election Commission of India (ECI) “shall conduct
general elections to the House of the People and all Legislative Assemblies
simultaneously”.
▪ Article 82 A (4): It defines simultaneous elections as “general elections held for
constituting the House of the People and all the Legislative Assemblies
together”.
▪ Article 82A (5): It gives the ECI the option of not holding any particular
Assembly election along with the election to Lok Sabha.
o The proposed Article 82A (5) says “If the Election Commission is of
the opinion that the elections to any State Assembly cannot be
conducted along with the election to the House of the People, ECI
may make a recommendation to the President, to declare by an order,
that the election to that Legislative Assembly may be conducted at a
later date,”.
▪ Article 82A (6): It says if an Assembly election is deferred, the full term of that
Assembly will also end with the full term of the Lok Sabha elected in the
general election.
Amendments to Existing Provisions
Article 83 - Duration of Houses of Parliament:

• New clauses state that if the Lok Sabha is dissolved before the end of its full term, the
next Lok Sabha will only serve the unexpired term. This ensures the continuity of
simultaneous elections. Clarifies that the new House formed after a mid-term election
will not be a continuation of the old one, meaning pending Bills will expire.
Article 372 - Power of Parliament:

• The amendment extends Parliament's power to include the conduct of simultaneous

elections, adding these words after "delimitation of constituencies."
• Existing Provision: Parliament can make provisions related to elections, electoral rolls,
delimitation of constituencies, and securing the due constitution of Houses.
Provisions for State Assemblies
Article 172 - Duration of State Legislatures:

• Similar amendments as proposed for Article 83, ensuring that if a state Assembly is
dissolved before its full term, the next election will be for the unexpired term of the
preceding Assembly.
These key provisions aim to synchronize elections for the Lok Sabha and state Assemblies,
facilitating a more streamlined and efficient electoral process.

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The Union Territories Laws (Amendment) Bill, 2024

• The second Bill, The Union Territories Laws (Amendment) Bill, 2024, has proposed
amendments to the Government of Union Territories Act, 1963, the Government of the
National Capital Territory of Delhi Act, 1991, and the Jammu and Kashmir
Reorganisation Act, 2019.
Bill Requires 66% Majority of the House

• The government will require the backing of 361 Members of Parliament, as the Lok
Sabha currently has 542 members.
• The government will require support from non-aligned parties such as the All-India
Anna Dravida Munnetra Kazhagam (AIADMK), the Biju Janata Dal (BJD), and the
YSR Congress Party (YSRCP) in addition to the National Democratic Alliance (NDA).
• The administration needs the support of 154 Members of Parliament in the Rajya Sabha,
which currently has 231 members. There are now 114 members of the NDA, six
nominated members, 86 members of the Opposition INDIA, and 25 members of other
parties in the Rajya House.

CONSTITUTIONAL AMENDMENT
Syllabus: POLITY AND GOVERNANCE
Context: Union Law Minister Arjun Ram Meghwal introduced the Constitution (One Hundred
and Twenty-Ninth Amendment) Bill, 2024, also known as the “one nation, one election” Bill
in the Lok Sabha. The Bill seeks to hold simultaneous elections for the Lok Sabha and state
assemblies.
Learning Points:

• The Process of making an addition, deletion or alteration to the existing laws in

the Constitution is called Constitutional Amendment.
• Article 368 of the Indian Constitution gives the Parliament to amend the
Constitution.
Procedure for Amending the Indian Constitution

• Article 368 in Part XX of the Constitution deals with the power of parliament to
amend the constitution and its procedures.
• It states that the Parliament may amend the Constitution by way of addition, variation
or repeal of any provision in accordance with the procedure laid down for the purpose.
• However, the Parliament cannot amend those provisions which form the ‘basic
structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda
Bharati case (1973).
• Article 368 provides for two types of amendments, that is, by a special majority of
Parliament and the special majority of parliament along with the ratification of
half of the state’s legislatures by a simple majority.

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• Amendment of certain provisions of the Constitution requires amendment by a

simple majority of each house present and voting. These amendments are not
deemed to be amendments under Article 368.
Special Majority

• Under Article 368(2), Parliament can amend the Constitution by passing a Bill with a
special majority.
• Fundamental Rights and Directive Principles of State Policy (DPSP) are the two most
important provisions that can be amended by the special majority, but the amendments
should be within Basic structure of the constitution.
• All provisions that do not require ratification by states, and those that come directly
under the purview of Article 368, can be amended by the special majority.
Special Majority with Consent of Half of States:

• Those provisions of the Constitution which are related to the federal structure of
the polity can only be amended by a special majority of the Parliament and also
with the consent of half of the state legislatures by a simple majority.
• Important provisions that require ratification by the states include the election of
President, Supreme Court and High Courts, representation of states in Parliament,
distribution of legislative powers between the Union and the states, and the extent of
executive power of the Union and the states.
• Most importantly, an amendment to Article 368 itself, requires ratification by the states.
Simple Majority

• A number of provisions in the Constitution can be amended by a simple majority of the

two Houses of Parliament outside the scope of Article 368.
• These provisions include
▪ Formation of new states and alteration of areas, boundaries or names of existing
states.
▪ Abolition or creation of legislative councils in states.
▪ Acquisition and termination of Citizenship.
▪ Use of official language.
▪ Elections to Parliament and state legislatures.
▪ Fifth Schedule – administration of scheduled areas and scheduled tribes.
▪ Sixth Schedule – administration of tribal areas.
Restrictions to Parliament’s Amending Power

• In the landmark Kesavananda Bharati case 1973, the supreme court has ruled that
parliament has the power to amend any part of the constitution but it cannot alter the
“basic structure of the constitution”.
• The constituents of basic structure are not clearly defined by the court. However, it has
been interpreted to provisions like values enshrined in preamble like secularism,
equality etc., federalism, separation of power, independence judiciary, rule of law etc.

December 18, 2024

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VANUATU
Syllabus: WORLD GEOGRAPHY
Context: A powerful 7.3-magnitude earthquake struck Vanuatu recently, with its epicenter
located 30 kilometers west of Port Vila at a depth of 57 kilometers. The earthquake caused
significant damage, including collapsed buildings, landslides, and disrupted communication
lines.
Learning Points:

• Vanuatu is an island country consisting of a chain of 13 principal and many

smaller islands located in the southwestern Pacific Ocean.
• These islands are situated approximately east of Australia.
• The islands extend north-south in an irregular Y shape.
• The northernmost group is the Torres Islands, and southward from there, the main
islands include Vanua Lava, Santa Maria (Gaua), Espiritu Santo, Aoba (Ambae),
Maéwo, Pentecost, Malakula, Ambrym, Épi, Éfaté, Erromango, Tanna, and Anatom.

December 18, 2024