Ex-CJIs on 'One Nation, One Election' bill: Can EC have unbridled power?

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. 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.