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Time of India
a day ago
- Politics
- Time of India
Ex-CJIs on 'One Nation, One Election' bill: Can EC have unbridled power?
Former CJI Justice DY Chandrachud and Justice JS Khehar and at the Parliament House Annexe to give their presentation before the JPC (ANI photo) NEW DELHI: Even as they expressed the view that the bill on simultaneous elections passes muster with the basic structure of the Constitution, former Chief Justices of India J S Khehar and D Y Chandrachud questioned the legislation's entrusting of unbridled powers to the Election Commission, and also raised questions about other aspects of the legislation. In a meeting of the JPC on One Nation-One Poll (ONOP) that lasted over six hours, the two former CJIs are learnt to have expressed reservations about various clauses that the panel members went over. Justice Khehar is said to have deposed for around two-and-a-half hours and Justice Chandrachud for three hours. Crunching the protracted depositions on Friday, sources said the two argued that the contentious bill passed muster on the touchstone of the basic structure, but its specific features failed on the anvil of legalities. Both the judges are said to have suggested a lot of amendments. On Clause 82A (5) of the proposed bill, it was said the EC was being given such vast powers that it could postpone election in any state on the ground that the situation was not conducive. According to the bill, the EC can postpone election in one state if it feels they cannot be held with the Lok Sabha polls, but the said assembly's term would ultimately end with the term of LS. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like So sánh mức trượt giá: Hợp đồng tương lai (CFD) Bitcoin vs Ethereum IC Markets Tìm hiểu thêm Undo Previously, former CJI Ranjan Gogoi had also questioned the broad authority given to the EC under Article 82A (5). To date, four former CJIs, including Justice U U Lalit, have shared their opinion with the committee. It was felt that such a clause would end up in the court with legal challenges. A member, quoting the judges, said the bill would require many amendments. Unfettered powers without parliamentary oversight, one CJI is learnt to have said, were unprecedented. Justice Chandrachud is learnt to have said that there were "constitutional silences" in the bill. The JPC, headed by P P Chaudhary, comprises Manish Tewari, P Wilson, Randeep Surjewala, Anil Baluni, Priyanka Gandhi Vadra, Bhartruhari Mahtab and Sambit Patra, among others. Questions are said to have been asked about the bill's provision to align the electoral cycle of one state with those of others and Parliament. Justice Khehar is said to have asked what would happen if Emergency is announced in one state which could be extended for up to one year: something which would throw the electoral cycle out of sync with others. A senior JPC member welcomed the suggestions of the CJIs and said the committee was open to refining the bill based on expert input. "Our goal is to incorporate reforms suggested by experts and the public," the member said, emphasising that the committee would consider these views while preparing its final report for Parliament.
Time of India
5 days ago
- Politics
- Time of India
Former CJI DY Chandrachud supports ‘one nation, one election', says it doesn't violate the Constitution
Former Chief Justice of India DY Chandrachud has supported the constitutional validity of the 'one nation, one election' ( ONOP ) proposal ahead of his scheduled appearance before the Joint Parliamentary Committee (JPC) on Friday. He is expected to appear along with another former CJI, JS Khehar, a TOI report stated. As per the TOI report, the former CJI, in his written opinion, has said that the Constitution does not mandate separate timings for Lok Sabha and state assembly elections. 'The Constitution never mandated holding national and state elections separately,' Chandrachud stated in his submission to the JPC, which is headed by BJP MP PP Chaudhary. The ONOP proposal aims to synchronise elections for Parliament and state assemblies. It has faced criticism from opposition parties, who argue it violates the Constitution's basic structure. Chandrachud responded to this, saying staggered elections are not part of the original Constitution and do not form an unchangeable feature. Concerns over Election Commission's powers While supporting the idea, Chandrachud flagged concerns over the extensive powers proposed for the Election Commission of India (ECI) under the ONOP bill. He noted that such powers could allow the ECI to extend or shorten the tenure of a state assembly, which would go beyond the Constitutionally set five-year term. 'Such unbounded authority could enable the poll body to curtail or extend the tenure of a state assembly beyond the constitutionally mandated five years, under the pretext that simultaneous elections with the Lok Sabha are not feasible. The Constitution must define, delineate and structure the circumstances under which the ECI may invoke this power,' he said. Live Events This concern was also raised earlier by former CJI Ranjan Gogoi. Chandrachud served as India's 50th Chief Justice from November 2022 to 2024. Voter rights and representation Chandrachud said that holding simultaneous elections would not affect the voters' rights. He argued that the bill provides for continued representation of electors through elected members in both Parliament and legislative assemblies. 'Arguments opposing simultaneous elections are based on the premise that the Indian electorate is naive and can be easily manipulated. The argument that staggered elections are a part of the Constitution's basic structure (or form part of the principles of federalism or democracy) does not hold. Staggered timing of elections cannot be considered as a feature of the original Constitution, let alone an immutable feature,' he said. Smaller parties may be marginalised Chandrachud also pointed out that simultaneous elections could benefit national parties over smaller or regional ones. He said this concern must be addressed through legislative policy. He highlighted that while the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961 set spending limits for candidates, there is no limit on what political parties themselves can spend. This gap, he noted, gives an advantage to parties with higher financial resources. Midterm polls and government stability The bill proposes that any House elected through midterm polls will serve only the remainder of the original five-year term. Chandrachud said this could weaken a government's ability to carry out significant policy actions if it is elected for a short term. He said the Model Code of Conduct would kick in about six months before the next scheduled election, limiting government actions during that time. Several JPC members have also raised similar concerns. Former CJIs UU Lalit and Ranjan Gogoi have earlier presented their views before the JPC. Lalit has also supported the constitutional validity of the ONOP proposal.
Time of India
6 days ago
- Politics
- Time of India
'Constitutional': Ex-CJI Chandrachud backs simultaneous polls; flags one concern
Ex-CJI DY Chandrachud NEW DELHI: Former Chief Justice of India (CJI) DY Chandrachud has endorsed the constitutionality of the 'one nation, one election' (ONP) concept, ahead of his appearance before the joint parliamentary panel on simultaneous polls. Also Read: Govt targeting 2034 to hold 1st 'one nation, one election' The ex-CJI, and another former chief justice, JS Khehar, are scheduled to appear before the committee later this week, on Friday. "The Constitution never mandated holding national and state elections separately," Chandrachud mentioned in his opinion submitted to the Joint Committee of Parliament (JPC), headed by PP Chaudhary of the ruling Bharatiya Janata Party. This was Chandrachud's response to the opposition's criticism that the synchronisation of Lok Sabha and state assembly polls "violates" the Constitution's basic structure. However, he questioned the "sweeping powers" proposed to be bestowed on the Election Commission to conduct simultaneous polls. The concern was previously raised by another former chief justice, Ranjan Gogoi. "Such unbounded authority could enable the poll body to curtail or extend the tenure of a state assembly beyond the constitutionally mandated five years, under the pretext that simultaneous elections with the Lok Sabha are not feasible. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo The Constitution must define, delineate and structure the circumstances under which the ECI may invoke this power," Chandrachud, who was the country's 50th chief justice from November 2022-2024, noted. "The Constitution must define, delineate and structure the circumstances under which the ECI may invoke this power, he added. Another ex-CJI, UU Lalit, has also not questioned the constitutionality of the concept of ONOP. Gogoi and Lalit had presented their views before the JPC in February and March, respectively. 'ONOP won't infringe upon voters' right' Chandrachud also stated in his written opinion that simultaneous elections will not infringe upon the voters' right to elect their representatives, and that the bill ensures that electors remain continuously represented by their duly elected members of Parliament or legislative assemblies. 'Arguments opposing simultaneous elections are based on the premise that the Indian electorate is naive and can be easily manipulated. The argument that staggered elections are a part of the Constitution's basic structure (or form part of the principles of federalism or democracy) does not hold. Staggered timing of elections cannot be considered as a feature of the original Constitution, let alone an immutable feature,' he said. However, his opinion is not without notes of caution over some of the bill's features or the likely implications if it is to be enacted. For instance, Chandrachud has appeared to share the concern that simultaneous elections could "marginalise" smaller or regional parties due to the dominance of better-resourced national parties, saying it is a significant policy aspect that warrants legislative attention. While the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961, impose ceilings on the amount a candidate may spend during the election campaign, there are no corresponding limits on the expenditure incurred by political parties themselves, he noted. This gap benefits parties with greater financial resources, he argued. As the bill says that the term of a House elected after a midterm poll will be only for the remainder of the five year term, Chandrachud has said the ability of the government to take any meaningful project will be "minimised" if its tenure is only of a year or less, as the Model Code of Conduct would come into force around six months before the next polls. Several JPC members have also raised this point about the likely priorities and strength of a government elected for a short period.
New Indian Express
27-05-2025
- Politics
- New Indian Express
Andhra Dy CM Pawan Kalyan urges CM Stalin to rethink stand on ONOP, cites Karunanidhi's past support
CHENNAI: Andhra Pradesh Deputy Chief Minister Pawan Kalyan on Monday urged Tamil Nadu Chief Minister MK Stalin to revisit his stance of opposing the 'One Nation One Poll' (ONOP) proposal, recalling that his father M Karunanidhi was in favour of the move. Addressing a seminar on ONOP, Kalyan said leaders of the INDIA bloc argue that the proposal is anti-federal in nature. 'If it is really so, why did former chief minister M Karunanidhi, who was looked up to as a fighter for federal rights, support it? He did not see this as an anti-federal move.' Kalyan said that in the first two decades after the country's Independence, simultaneous elections were held for Parliament and state legislatures. 'Today, those who oppose ONOP proposal should revisit and recall the argument supporting it in Karunanidhi's autobiography, 'Nenjukku Needhi'. Karunanidhi, then, had urged the central government to constitute a committee to restore simultaneous elections, and the present central government is doing exactly that. It is bizarre that his son MK Stalin is opposing it,' Kalyan said. He also said the ONOP proposal is not just a political reform but an economic, administrative and governance reform. The AP deputy CM also said he could understand valid concerns being raised about the ONOP proposal from Tamil Nadu. 'Like DMK, I am also leading a regional party and not a national party. Political stability and having a solid foothold are different. Our individual agendas should not hamper the growth of the people. So, I request that the Tamil Nadu CM look into this,' Kalyan said.
