ONOE proposal not unconstitutional as per former CJI Khanna, says panel chief PP Chaudhary

New Delhi: Chairperson of the Joint Parliamentary Committee on One Nation, One Election (ONOE), P.P. Chaudhary, on Tuesday, said former Chief Justice of India Sanjiv Khanna shared his views on the matter for three hours with a broad takeaway that the proposal is not unconstitutional or against the basic structure doctrine.

The basic structure doctrine states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy its “basic structure”.

The 39-member JPC is examining the Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, which aim to enable simultaneous elections to the Lok Sabha and State Assemblies.

Talking to media persons, Chaudhary said the argument that simultaneous polls can’t be held due to infrastructure shortage does not hold ground.

“Elections to the Lok Sabha and all State Legislative Assemblies were conducted simultaneously from 1951 to 1967. If the infrastructure was adequate for the exercise at that time, then now we are better placed, and new technology is available. So, this issue does not survive as there is enough infrastructure with the Election Commission,” he said.

“Even if infrastructure is inadequate, sufficient time will be made available to upgrade,” he said.

Chaudhary said the committee is examining the proposal, and wherever there is any shortcoming and need for change, we will make recommendations in our report.

Earlier, sources said, Justice Khanna, while examining the constitutionality of the bill, noted that it does not directly infringe upon or alter the basic structure of the Constitution.

On the powers conferred upon the Election Commission of India (ECI) under the bill, particularly the authority to postpone elections to State Assemblies under clause 82A(5), Justice Khanna sounded a caution and suggested safeguards to prevent misuse.

Justice Khanna, sources said, reasoned that since the ECI is entrusted with the responsibility of conducting free and fair elections and possesses the most accurate, on-ground understanding of prevailing circumstances, it is appropriate to vest this power with the Commission. However, he stressed that such powers must be accompanied by adequate safeguards to prevent misuse.

The former CJI also observed that while the stated intent of the bill is to reduce the frequency of elections, this objective might not always materialise in practice, especially in cases of premature dissolution of legislatures, sources said.

At the same time, Justice Khanna expressed confidence in the maturity of India’s democracy and political class. He highlighted that India has not witnessed any mid-term elections in the past few decades — a reflection of growing political stability and institutional resilience, said sources.

Before Justice Khanna, former Chief Justice of India Justice Jagdish Singh Khehar and Justice D.Y. Chandrachud had given presentations before the committee on the issue of simultaneous elections in the country.

The concept of simultaneous elections is not a new idea in the country. Following the adoption of the Constitution, elections to the Lok Sabha and all State Legislative Assemblies were conducted simultaneously from 1951 to 1967. However, this cycle of synchronised elections was disrupted in 1968 and 1969 due to the premature dissolution of some State Legislative Assemblies.

IANS