EC's Authority Questionable According to JPC as Constitution Compliance Unclear Regarding EC's Power Scope
In a significant development, the Joint Parliamentary Committee (JPC) is examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, popularly known as One Nation One Election (ONOE). During the committee's eighth sitting, Former Chief Justices of India, including Justice DY Chandrachud and Justice J S Khehar, made significant suggestions regarding the constitutionality and mechanism of the ONOE proposal.
Former CJI DY Chandrachud stated that the Constitution does not mandate separate timings for Lok Sabha and state assembly elections, implying that the ONOE proposal does not inherently violate the Constitution's basic structure. Chandrachud also noted that staggered elections are not part of the original Constitution and do not form an unchangeable feature, supporting the idea of synchronizing elections.
However, concerns were raised about the sweeping powers proposed for the Election Commission of India (ECI). Former CJIs like Ranjan Gogoi argued that these powers could allow the ECI to extend or shorten a state assembly's tenure beyond the constitutionally mandated five years, which needs to be structured and defined within the Constitution.
There is a push for implementing ONOE by aligning terms of state legislatures with the Lok Sabha, possibly through constitutional amendments. However, this process could impact regional autonomy and might not require state ratification, which is a concern for some.
The former CJIs see ONOE as a potential nation-building opportunity but highlight the need for careful consideration of constitutional and political implications. The proposal risks centralizing power and weakening regional voices, which is a concern for maintaining India's federal equilibrium. Some political parties expressed concerns about the national issues versus state issues factor in ONOE.
The JPC is currently consulting various experts, collecting inputs from everyone. During a study tour, the committee met with Chief Ministers, deputy Chief Ministers, Speakers, leaders of political parties, public sector undertakings, and civil society members in Maharashtra, Himachal Pradesh, Haryana, Uttarakhand, Punjab, Chandigarh.
In Uttarakhand, people favored ONOE due to geographical factors making it difficult to reach remote areas. All participants in the study tour believed that 'One Nation One Election' (ONOE) should be implemented.
The committee, headed by BJP MP P. P. Chaudhary, has been speaking to jurists and legal experts as it prepares its recommendation on the bill. Dr E.M Sudarsana Natchiappan, former Chairman of the Rajya Sabha's Committee on Personnel, Public Grievances, Law and Justice, held this position from August 2004 to May 2009.
The JPC will continue its consultations and deliberations on the ONOE proposal, aiming to provide a comprehensive report to Parliament for further consideration.
Policy-and-legislation discussions surrounding the One Nation One Election (ONOE) proposal are intensifying as the Joint Parliamentary Committee (JPC) consults various experts and collects inputs from stakeholders. Politics plays a crucial role in shaping the ONOE debate, with concerns raised about potential centralization of power and weakening of regional voices, impacting India's federal equilibrium. General-news outlets are closely following the JPC's proceedings and the recommendations they will present to Parliament for further consideration.
