Simultaneous Elections Bill (Constitution 129th Amendment) and the concerns raised by former CJIs
Why in News?
Two former Chief Justices of India — D.Y. Chandrachud and J.S. Khehar — told the Joint Parliamentary Committee that
Background: About the Simultaneous Elections Bill (129th Amendment Bill, 2024)
The Bill aims to:
- Enable One Nation, One Election by synchronizing elections to Lok Sabha and State Assemblies.
- Introduce a constitutional framework for holding elections simultaneously.
- Amend key provisions such as Article 83, Article 172, and add Section 82A for synchronized terms and elections.
Key Issues Raised by Former CJIs
1. ️ Unbridled Powers to EC
- Section 82A(5) gives EC the discretion to delay state assembly elections if it feels they cannot be held with Lok Sabha elections.
- EC recommends to the President, who must then issue an order.
- No institutional oversight or checks on EC’s decision-making power.
- This violates the principle of checks and balances in a democracy.
2. Vague Definition of “Remaining Period”
- If a state assembly is dissolved early, elections must be held for the remainder of its term.
- But there is no definition of “remainder”.
- What if only a week or a few months remain?
- This defeats the very purpose of simultaneous elections.
- Risk: May be misused to impose President’s Rule or manipulate election timing.
3. Role of Parliament or Council of Ministers
- Justice Khehar suggested Parliament or the Union Cabinet must have a role in deciding whether Assembly elections should be held separately.
- Otherwise, the EC acts in isolation.
4. No Violation of Basic Structure
- Both CJIs agreed the Bill does not undermine:
- Federalism
- Democracy
- Judicial Review
- Separation of Powers
- But caution against concentration of power without accountability.
Panel Response
- BJP MP P. Chaudhary, chairing the panel, said the committee welcomes all inputs and is open to reforms and improvements.
What Needs to be Fixed?
- Define “remainder of term” clearly to avoid legal ambiguity.
- Introduce an oversight mechanism (e.g. Parliamentary approval or judicial review) for EC’s decisions under Section 82A(5).
- Limit discretionary powers to prevent misuse under political influence.
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