Guwahati: Deputy Leader of the Congress in Lok Sabha Gaurav Gogoi opposed the introduction of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and The Union Territories Laws (Amendment) Bill, 2024, which will allow for simultaneous elections to the House of People and the Legislative Assemblies of States and Union Territories.
Stating that the two bills violate the principles enshrined in the Constitution of India, the Lok Sabha MP from Jorhat highlighted that the proposed framework vested the Election Commission of India with the power to make a recommendation to the President, to declare by an order, that the election to Legislature of States or Union Territory may be conducted at a later date.
He pointed out that such extraordinary powers were never given to the Election Commission before this. "As per the provisions of the Constitution of India, Article 74 states that the President of India acts on the aid and advice of the Council of Ministers.
Furthermore, Article 356 states that the President may impose President’s Rule if there is a breakdown of constitutional machinery in the state, on the advice of the Governor. Thus, the powers given to the Election Commission of India in the proposed bill were unconstitutional," he said, adding that the growing institutional capture underway, the ways of working of the Election Commission and their independence should be debated separately.
The MP also highlighted that separation of powers is also part of the Basic Structure of the Constitution, wherein the Legislative, Executive and Judiciary act as checks and balances on each other. He noted that the proposed bills aimed to increase the powers vested in the President of India, superseding the Legislatures of States and Union territories. "The five-year term of the House of People and Legislative Assemblies was a constitutional mandate. He asked the government to base its decision-making process on the Constitution of India, rather than the reports of the Niti Aayog, which is not a constitutional body.
Noting the Election Commission’s admission of election expenditure being approximately Rs 3,700 crore in 2014, the MP questioned the government’s claim that the simultaneous elections would save money. "The government seemed to be prioritising unconstitutional routes over prudent financial management and safeguarding democracy," he said.
Reiterating the unconstitutionality and gross infringement on people’s freedom to elect their representatives, Gogoi urged the government to rethink the Bills and send them to a Joint Parliamentary Committee for further scrutiny.
