In what can be seen as divergent views over One Nation, One Election system among the top level judiciary, even as some senior judges in the past have backed it, former Chief Justices of India DY Chandrachud and JS Khehar have noted that the Election Commission of India should not be given unbridled powers in implementing the move. Both are said to have conveyed their views to a Joint Parliamentary Committee (JPC).
Both the former Chief Justices shared their observations and gave a presentation on the simultaneous elections at the meeting of the JPC, which is examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024.
The Joint Committee of Parliament, headed by BJP MP PP Chaudhary, has been speaking to jurists and legal experts as it prepares its recommendation on the bill that aims to conduct simultaneous elections to the legislative assemblies in the states and the Parliament.
Both the former top judges suggested that the Election Commission (EC) should not be given unbridled powers proposed in the constitutional amendment law.They also suggested a "system of checks and balances".
Earlier, ex-Chief Justice Ranjan Gogoi also questioned the "sweeping powers" granted to the poll body in the proposed constitutional amendment law.DY Chandrachud and JS Khehar is reported to have suggested to the Parliamentary Committee that there should be an "oversight mechanism" on the conduct of elections.One of the judges also said that a five-year term for an elected government is important for Good Governance, sources said, adding, "They said this (five-year term) should not be curtailed under any circumstances."
DY Chandrachud had said in the past that the ability of the government to take on any meaningful project will be minimised if its tenure is only a year or less, as the Model Code of Conduct will come into force around six months before the next polls."As far as the provision of the Election Commission is concerned, if we feel that the bill needs amendment, we will amend it," said Mr Chaudhary on the former Chief Justices' suggestions, He also insisted that "One Nation, One Election system is necessary for nation-building.
"It is important that the constitutionality of the bill remains intact so that this system continues for the next hundreds of years," Mr Chaudhary added.
Two other former Chief Justices of India, UU Lalit and Ranjan Gogoi, have appeared before the committee in past. Today was the committee's eighth sitting.Several opposition leaders have criticised the proposed bill, saying the synchronisation of Lok Sabha and state assembly polls violates the Constitution's basic structure. However, the jurists who have appeared before the committee have dismissed this criticism, saying the Constitution never mandated holding national and state elections separately.
However, there are some more senior judiciary dignitaries who have expressed different views in a seminar. Holding that ‘One Nation One Election' is an important decision, Justice Krishna Murari, a former judge of the Supreme Court, said that this concept can be implemented through talks, as "our democracy stands on the foundation of dialogue".
Justice Shambhunath Srivastava, a retired judge of Allahabad High Court, on the same occassion said: ‘One Nation One Election' is the need of the hour as it would save resources which are used in conducting elections in the country. It is high time we support this initiative and also hold a ‘One Nation One Election' Support Day."
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