Gaurav Gogoi slams simultaneous election Bills, calls them 'unconstitutional'

Guwahati, Dec 18: Deputy Leader of the Congress party in Lok Sabha, Gaurav Gogoi, has 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 simultaneous elections to the Lok Sabha and the Legislative Assemblies of states and Union Territories (UTS). Gogoi stated that the two bills violate the principles enshrined in the Constitution of India.

He added that the proposed framework vested the Election Commission of India (ECI) with the power to make a recommendation to the President to declare by an order that the election to legislatures of states or UTs may be conducted at a later date.

"Such extraordinary powers were never given to the ECI earlier," Gogoi said.

He stated that as per the provisions of Article 74 of the Constitution, the President of India acts on the aid and advice of the Council of Ministers. "Further, Article 356 states that the President may impose President's Rule if there is a breakdown of constitutional machinery in a state, on the advice of the Governor. Thus, the powers given to the ECI in the proposed bills are unconstitutional," Gogoi said.

He further highlighted that the 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" and added that the proposed bills aim to increase the powers vested in the President of India, superseding the legislatures of states and UTs.

Gogoi stated that the five-year term of the Lok Sabha and the Legislative Assemblies was a constitutional mandate and 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 ECI's admission of election expenditure being approximately Rs 3,700 crore in 2014, the senior Congress leader questioned the government's claim that simultaneous elections would save money. "The government seemed to be prioritising unconstitutional routes over prudent financial management and safeguarding democracy," Gogoi added.

 By-

Staff Reporter