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General Studies Paper – II: Governance, Constitution, Polity, Social Justice and International Relations
Context
Taking a step towards 'One Nation, One Election' in India, the Joint Committee of Parliament is holding intensive deliberations on the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024. Recently, the statements of former Chief Justice of India (CJI) B.R. Gavai in this discussion have given a new direction to this legal debate.
Justice Gavai's Argument: "Only a Procedural Change"
Justice Gavai explicitly stated before the Parliamentary Committee that conducting simultaneous elections for the Lok Sabha and State Assemblies does not violate the Basic Structure or the federal framework of the Constitution. The main points of his arguments are as follows:
- Limited Change: According to Justice Gavai, this Bill brings a change only in the "manner" of elections once, and not in the democratic nature of elections.
- Parliamentary Competence: He emphasized that Parliament has the full competence and authority to enact such a law.
- Protection of Rights: The basic structure of elections and the rights of voters remain intact, due to which the constitutionality of this amendment is not affected.
- Accountability Maintained: A major concern was whether this would reduce the accountability of the government? On this, he clarified that constitutional instruments like the 'No-Confidence Motion' will still exist, so there will be no impact on the accountability of governments.
Divided Opinion in the Judicial World
The opinion of the country's top legal experts and former Chief Justices is divided on this issue. So far, six former Chief Justices have given their opinion to the committee:
In Support (4 CJIs) | Those Expressing Concern (2 CJIs) |
Justice Ranjan Gogoi, Justice D.Y. Chandrachud, Justice J.S. Khehar, and Justice B.R. Gavai. | Justice U.U. Lalit and Justice Sanjiv Khanna. |
Argument: It does not violate the Basic Structure and is appropriate from an administrative point of view. | Argument: This Bill in its present form will not be able to withstand a legal challenge and may affect the Basic Structure. |
Proposal for Common Electoral Roll
- Committee Chairman and BJP MP P.P. Chaudhary also highlighted an important administrative aspect. During the meeting, several members suggested creating a Common Electoral Roll.
- Currently, separate electoral rolls have to be prepared for Panchayat, Municipality, Assembly, and National elections. This task is not only complex, but its heavy burden falls on government teachers. A common list can reduce this administrative labor and expenditure.
Conclusion
The ongoing debate on this Bill, introduced in the Lok Sabha on December 17, 2024, reflects that 'Simultaneous Elections' is not just a political decision, but also a complex constitutional question. While experts like Justice Gavai consider it merely a procedural reform, other experts see it as the basis for future legal battles. In the coming time, the report of the Committee and the potential stand of the Supreme Court will determine its final direction.
General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations