Simultaneous Elections and Constitutional Implications
The discussion on simultaneous elections in India has reached the Joint Committee of Parliament, where former Chief Justice of India, B.R. Gavai, provided insights.
Constitutional Validity
- Basic Structure: Justice B.R. Gavai stated that simultaneous elections do not violate the basic structure of the Constitution or its federal framework.
- The proposed amendment is considered a change in the manner of conducting elections without altering the structure of elections or voter rights.
- Parliamentary Competence: Justice Gavai affirmed that it is within the Parliament's competence to enact such laws, ensuring existing mechanisms like the “no-confidence motion” remain unaffected.
Views of Former CJIs
- Supportive Views: Four former Chief Justices, including Justices Ranjan Gogoi, D.Y. Chandrachud, J.S. Khehar, and B.R. Gavai, support the Bill, stating it does not breach the Constitution's basic framework.
- Concerns Raised: Justices U.U. Lalit and Sanjiv Khanna expressed concerns, particularly in relation to the Kesavananda Bharati judgment, which safeguards the Constitution's basic structure.
- Election Commission Powers: All former CJIs have previously questioned the extensive powers granted to the Election Commission regarding the election schedule.
Parliamentary Review
- The Parliamentary Joint Committee is analyzing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, introduced in the Lok Sabha.
- The Bill aims to authorize the Election Commission to conduct simultaneous elections for the Lok Sabha and State Assemblies, thus enhancing efficiency and cost-effectiveness.
- Common Electoral Roll: Members proposed a shared electoral roll to streamline processes across different election levels and reduce workload on government teachers.
Parliamentary Joint Committee emphasized the national interest in implementing the Bill promptly to save resources. The deliberations continue, indicating an ongoing evaluation of the Bill's implications.
