New Delhi, Feb 12 Former Chief Justice of India (CJI) B.R. Gavai on Thursday told the Joint Parliamentary Committee (JPC) on One Nation, One Election (ONOE), headed by BJP MP P.P. Chaudhary, that the proposed Constitutional Amendment Bill on simultaneous elections does not violate the Basic Structure of the Constitution.
Making a detailed representation before the parliamentary panel, the ex-CJI argued that the Basic Structure doctrine encompasses the federal framework and the democratic form of governance, and neither of these features would be altered by the proposed legislation.
"Through the enactment of this Bill, neither of these (federalism and democracy) will be changed or affected. Hence, the amendment is in consonance with the Basic Structure," he told the JPC.
"The ONOE only brings about a change in the manner of conducting elections at one point. The structure of elections and voter rights remains the same. Thus, the amendment would be constitutional," he added.
On the competence of Parliament to bring such legislation, the ex-CJI said that the Constitution empowers the Parliament to carry out amendments necessary to synchronise elections to the Lok Sabha and state Assemblies.
Addressing concerns regarding governmental accountability under a simultaneous election framework, former CJI Gavai argued that since instruments like the no-confidence motion remain intact, there will be no impact on the accountability of either the Union or the state governments.
On the constitutional viability of ONOE, he pointed out that India had successfully conducted simultaneous elections until 1967.
Justice Gavai’s views come amid ongoing deliberations by the JPC examining the Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024.
Since its constitution in December 2024, the panel has held extensive consultations with constitutional experts, economists, and the 23rd Law Commission Chairman, among others.
The two Bills, introduced by Union Law Minister Arjun Ram Meghwal in December 2024 and subsequently referred to the parliamentary panel, seek to align Lok Sabha and Assembly elections by curtailing the terms of certain state legislatures elected after a particular Lok Sabha, so that their tenures conclude together. Once the election cycles are synchronised, future Lok Sabha and state Assembly polls would be conducted simultaneously.
The 23rd Law Commission has also recently affirmed that the proposed legislation does not violate the Constitution’s Basic Structure, including principles relating to federalism and voter rights, lending further weight to the government’s push for electoral reform.
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