Simultaneous polls do not violate Constitution’s Basic Structure: Justice Gavai
Simultaneous elections do not violate the Basic Structure of the Constitution or its federal framework, former Chief Justice of India B.R. Gavai told Parliament’s Joint Committee reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which aims to synchronise elections for the Lok Sabha and Assemblies.At the panel’s meeting on Thursday, Justice Gavai said the legislation brings “only a change in the manner of elections once”, which does not breach the doctrine. The structure of elections and voter rights remain the same, he noted, and therefore, the amendment would be constitutional. He further explained that it is well within Parliamentary competence to bring in such a law.
Since instruments such as the “no-confidence motion” remain intact, Justice Gavai said, there is no impact on the accountability of the Union or State governments.
Divided opinions
So far, six former CJIs have spoken to the panel.
Two of them — Justices U.U. Lalit and Sanjiv Khanna — have raised questions about the Bill in relation to the Basic Structure of the Indian Constitution. Justice Lalit had said that the legislation in its present form will not withstand a legal challenge in the Supreme Court, while Justice Khanna said that it is open to question as “violating and offending the basic structure of the Constitution”.
However, four of the other former CJIs — Justices Ranjan Gogoi, D.Y. Chandrachud, J.S. Khehar, and now, Justice Gavai — told the panel that the Bill does not violate the Basic Structure of the Constitution.
The Parliamentary Joint Committee, headed by BJP MP P.P. Chaudhary, is reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, introduced in the Lok Sabha on December 17, 2024.
Mr. Chaudhary also told presspersons that in Thursday’s meeting, several members suggested creating a common electoral roll for panchayat/municipal, Assembly, and national elections.
“Making separate electoral rolls for each of these elections is a tedious task that usually falls on government teachers...,” he said.
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