One Nation One Election (ONOE) Bill Discussion

The former Chief Justice of India appeared before the Joint Parliamentary Committee (JPC) regarding the ONOE Bill. He provided insights on various aspects of the bill, highlighting potential constitutional issues and areas for improvement.

Key Observations

• Basic Structure Compliance: The ONOE Bill does not entirely violate the basic structure of the Constitution. 
• Election Commission's Authority: While acknowledging the Election Commission's authority in conducting polls, raised concerns over the unfettered powers granted to the EC, particularly concerning the postponement of elections. 
• Frequency of Elections: The bill aims to reduce the frequency of elections but may not achieve this in cases of premature dissolution of legislatures. 
• Political Stability: India has not experienced midterm elections in recent decades, indicating growing political stability and institutional resilience. 
• Notification Process: Proposed replacing the current notification-based process with a predetermined date within the bill. 

Concerns Raised in Written Submission

• Clause 5 of Proposed Article 82A: Grants the Election Commission significant discretion to delay elections, which could be seen as arbitrary and violating Article 14.
• Potential for Indirect President's Rule: Delayed elections could lead to indirect president’s rule, potentially violating the federal structure of the Constitution.

These insights and concerns emphasize the importance of ensuring that the ONOE Bill aligns with the constitutional framework while maintaining democratic principles and federal balance.