One Nation, One Election Bill does not hamper basic structure of Constitution: Former CJIs tell JPC

NEW DELHI: Former Chief Justices of India J S Khehar and D Y Chandrachud gave their views before the Joint Parliamentary Committee (JPC) of Parliament on ‘One Nation, One Election’ on Friday and are learnt to have said the Bill to implement the proposal of simultaneous polls does not hamper the basic structure of the Constitution. They suggested revisiting some provisions of the legislation relating to the powers of the Election Commission (EC), according to sources.

The JPC is examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024, which proposes simultaneous elections, aligning the election cycles of the Lok Sabha and State Assemblies.

Sources said former CJI Justice J S Khehar mentioned in his presentation that the bill, in principle, does not violate the basic structure of the Constitution. However, there are concerns about some provisions of the bill relating to the powers of the Election Commission, and there is a need for a debate on the issue, he said.

#WATCH | One Nation One Election | Delhi: Former CJI Justice JS Khehar has given his presentation before the JPC. Now, Justice DY Chandrachud is going to give his presentation. pic.twitter.com/PGXHbj3O31

— ANI (@ANI) July 11, 2025

Sources said former CJI Justice D Y Chandrachud told the committee that simultaneous elections do not hamper the basic structure of the Constitution, but there are some grey areas in the Bill which need to be addressed by Parliament. He is learnt to have said that such decisions should not be left to the court, as there are certain political decisions.

The sources stated that the former CJI said that any change in the tenure of the assembly to implement the provisions of the bill should be decided by Parliament, not by the EC. What needs to be deferred can be done with the sanction of Parliament. He is also learnt to have said that there are excessive powers with the EC under some provisions of the bill, and these should be revisited, and there should be oversight by Parliament.

The agenda of the meeting of the panel, headed by BJP parliamentarian P P Chaudhary, was “interaction with legal experts”. An opposition MP later said that the two former CJIs conveyed that the bill may not be against the basic structure doctrine, but is unlikely to stand legal and constitutional scrutiny in its present form. Another opposition MP later said that the bill cannot be a substitute for electoral reforms.

Many opposition parties are opposed to the provisions of the bill. The Union Cabinet had, in September 2024, accepted the recommendations of the High-Level Committee on Simultaneous Elections under the chairmanship of former President Ram Nath Kovind. The Committee had recommended a two-step approach to lead to simultaneous elections. It said that as the first step, simultaneous elections will be held for the Lok Sabha and state legislative assemblies.

It said that in the second step, elections to the Municipalities and the Panchayats will be synchronised with Lok Sabha and assemblies in such a way that these are held within a hundred days of holding elections to the House of the People and the state legislative assemblies. The Committee had also recommended that there should be a single electoral roll and Electoral Photo Identity Cards (EPIC) for use in elections to all three tiers of government. The Committee had said that its recommendations will significantly enhance transparency, inclusivity, ease and confidence of the voters. (ANI)