Simultaneous polls not unconstitutional, but clarity needed: Former CJI D Y Chandrachud tell JPC

In a significant development during the Joint Parliamentary Committee’s (JPC) deliberations on the proposed ‘One Nation, One Election’ bill, former Chief Justices of India D Y Chandrachud and J S Khehar shared their nuanced views on the constitutional and procedural implications of synchronizing elections across the country.

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Justice Chandrachud, addressing the panel, stated that holding simultaneous elections does not conflict with the Constitution’s basic structure. He clarified that staggered elections are not an essential requirement for ensuring free and fair polls. In fact, the original intent of the Constitution supported simultaneous elections in the early years of the Republic.

However, he raised the need for greater precision in certain clauses of the bill, particularly regarding the role of the Election Commission during emergency situations. He also emphasized that cutting short the tenure of assemblies to align with national elections does not infringe on voters' rights, as long as constitutional procedures are followed. He added that concerns over local issues being ignored in simultaneous elections may be overstated, citing examples where regional topics have influenced national discourse.

On political stability, Justice Chandrachud proposed that restrictions on no-confidence motions could help avoid unnecessary disruptions in governance, a change that he argued could be introduced through parliamentary rules, without needing a constitutional amendment.

Former CJI Khehar largely concurred with Chandrachud but raised specific concerns over Section 82A(5) of the bill, which allows the Election Commission to independently decide if an assembly poll can be held alongside Lok Sabha elections. He suggested that such powers require checks, possibly through oversight by Parliament or the Cabinet. He also called for detailed guidelines on what happens during emergencies or when assemblies near the end of their term.

Committee Chairperson and BJP MP P P Chaudhary welcomed the inputs, stating that the goal is to refine the bill, not merely endorse it. The latest meeting was the eighth session of the JPC, which has so far consulted multiple constitutional experts, including four former Chief Justices.