Latest news with #OneHundredandTwenty-NinthAmendment)Bill
The Print
11-07-2025
- Politics
- The Print
ONOE: Ex-CJIs say bill ‘may not' violate basic structure of Constitution, but question powers to EC
'The opinion of the former CJIs was that the bill may get over the bar of basic structure, but it may fall short of legality and constitutionality in other aspects. While Justice Khehar was more forthright, Justice Chandrachud was guarded,' said an Opposition MP who attended the meeting that lasted over five hours in the Parliament annexe complex. Members of the JPC examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, widely known as the One Nation, One Election (ONOE) Bill, told ThePrint that Khehar appeared more doubtful about the legality and constitutionality of the concept than Chandrachud. New Delhi: Former Chief Justices of India and told a Joint Parliamentary Committee (JPC) Friday that while simultaneous elections to Lok Sabha and the state assemblies 'may not' violate the basic structure of the Constitution, authorising the Election Commission (EC) to decide the poll schedule without checks would fall short of legality. The MP said that Justice Khehar said that the text in the Bill needed to be revised and made more precise as several clauses are 'vaguely worded'. Justice Chandrachud is also learnt to have said that giving more powers to the EC could disturb constitutional balance. Previously, in his written submission to the JPC, Chandrachud had raised concern over the 'sweeping powers' granted to the EC in the proposed constitutional amendment law 'without laying down any guidelines for the exercise of the discretion'. However, he added that staggered elections were not an immutable feature of the Constitution, a view he shared during the meeting of the committee Friday as well. 'The argument that staggered elections are a part of the Constitution's basic structure (or form part of the principles of federalism or democracy) does not hold. Staggered timing of elections cannot be considered as a feature of the original Constitution, let alone an immutable feature,' the former CJI stated in his written submission. The Bill proposes an amendment in Article 172 of the Constitution (which lays down the duration and dissolution of state legislative assemblies) to allow the curtailment or extension of state assemblies for alignment of state polls with the general elections. Both the former CJIs are learnt to have recommended the need to have parliamentary oversight to prevent misuse of the provision by the EC. 'In fact, Justice Khehar said these questions and doubts assume more significance in light of the ongoing conversation about the supposed biased nature of the EC,' another MP said. Previously, two more CJIs—Justices and Ranjan Gogoi—have appeared before the committee. Appearing before the 39-member committee, former CJI Gogoi had also raised questions on the Constitutional validity of certain provisions in the Bill. Similarly, former CJI Lalit had also cautioned, in his submission before the panel, that curtailing the terms of the state assemblies to make the ONOE possible may not stand legal scrutiny. (Edited by Tony Rai) Also Read: 'Worst attack' on Constitution, says Oppn after meeting EC over voter verification drive in Bihar
New Indian Express
11-07-2025
- Politics
- New Indian Express
Former CJIs flag concern over Election Commission's powers in simultaneous polls bill
Meanwhile, Opposition members, including Priyanka Gandhi Vadra of the Congress and P Wilson of the DMK, raised concerns about the constitutionality of dissolving assemblies mid-term to align their polls with Lok Sabha elections, sources added. Wilson argued that while the stated aim of the bill is to reduce election expenditure, the proposed system could result in frequent elections in case of the fall of the government at the Centre, thereby defeating its purpose. Several MPs have also flagged the issue of mid-term elections, the sources said. Justice Khehar, they added, suggested that Parliament or the Union Council of Ministers should have a say in deciding whether an assembly election should be held, as envisaged under Section 82A(5) of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill. The section, in its current form, states: 'If the Election Commission is of the opinion that the elections to any Legislative Assembly cannot be conducted along with the general election to the House of the People, it may make a recommendation to the President, to declare by an order, that the election to that Legislative Assembly may be conducted at a later date.' Referring to another section of the proposed law, he said it should also specify provisions applicable in case of an Emergency. Following the meeting, Chaudhary said, 'We want discussion on each aspect, only then the recommendation could be correct.' 'We want a transparent discussion to take place…The Parliament gave us the Bill so that it can be corrected. It was not given to us to return in the present form. We are making efforts on how simultaneous elections should be conducted in the national interest,' Chaudhary said. The chairman also stated that the panel is seeking views from experts on the Bill and that no amendment has been made yet. 'For example, Justices Khehar and Chandrachud had come. Many members had sought clarifications and doubts. To clear those doubts, everyone sat down and discussed. We had a very good discussion. This is a very big thing. This is a very big opportunity given to the Committee for nation building,' he added. A number of legal experts, including four former CJIs, have appeared before the Committee, which held its eighth sitting on Friday. Senior advocate and former Rajya Sabha member EM Sudarsana Natchiappan, a former chairman of the Standing Committee on Personnel, Public Grievances, Law and Justice, also shared his views.
Hindustan Times
20-06-2025
- Politics
- Hindustan Times
Though Cong opposes ‘One Nation One Election' Bill, we gave opinion to Parl panel: Himachal CM
Chief minister Sukhvinder Singh Sukhu on Thursday said that the party opposes One Nation, One Election. He said this at the Joint Parliamentary Committee (JPC) on the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, pertaining to the proposal of One Nation-One Election, held at Fagu. Giving details, the chief minister said, 'The meeting was chaired by Member of Parliament PP Chaudhary. We were invited to share our personal and party's views on One Nation, One Election. The speaker, deputy speaker, and other stakeholders are also being called. As elected representatives, we believe it is our duty to participate in such democratic discussions.' 'Our stand is clear, we oppose One Nation, One Election. However, we gave inputs to strengthen democratic structures. We raised practical concerns what happens when a government collapses mid-term, or an MLA resigns? How will tenures align?' he said. 'If the proposal is to hold all elections in 2029, but our state elections are due in 2027, will those be deferred by two years? These are significant constitutional challenges that need thorough deliberation' Sukhu added while thanking the committee members for visiting Himachal and sharing the draft bill and scope of the proposal. People want One Nation, One Election: Chaudhary 'People want One Nation, One Election , it's not just a political issue, it's a national issue,' said Bharatiya Janata Party MP PP Chaudhary. 'In every state we visit, civil society, scholars, Padma awardees, and even those in Congress-ruled states have shown overwhelming support to one Nation One election,' said Chaudhary, while adding, 'Separate elections mean separate voter lists, multiple deployments, school closures for polling, and repeated election expenditure.' He said that the simultaneous elections were the norm until 1967, which changed only after 1970 due to early dissolution of assemblies. 'No political party can ignore the will of the people. If citizens demand it, even parties that oppose the idea may reconsider,' said Chaudhary. One Nation, One Election would be significant for hill states: Thakur Member of the committee and former Union minister Anurag Thakur said that One Nation, One Election would be significant for hill states like Himachal Pradesh. 'Simultaneous elections save time, money, and reduce disruption especially in hill states' said Anurag. 'The Joint Committee is rightly meeting political leaders, media, and intellectuals to gather diverse perspectives. Students and youth have shown great interest. If this bill becomes law, it can accelerate development and strengthen our democracy.' He said. Basic structure of Constitution must not be altered: Pathnia Himachal assembly speaker Kuldeep Singh Pathania said, 'The basic structure of constitution must not be altered. The Constitution already provides for five-year terms for both Parliament and state legislatures. But mid-term elections and breakdowns in governance have disrupted that structure. This committee is exploring whether we can return to that stability.' People want elections held together: Jai Ram Thakur Former chief minister and leader of Opposition Jai Ram Thakur said, 'The One Nation, One Election bill is a bold move. Political parties may have different opinion but the public sentiment is clear in favour of one nation one election.' 'Our party fully supports it. We believe it should be implemented as soon as possible,' added Jai Ram.
Indian Express
22-04-2025
- Politics
- Indian Express
One Nation One Election: From Maharashtra to J-K, parliamentary panel to go on 4 ‘study tours'
The joint committee of Parliament looking into holding simultaneous elections to the Lok Sabha and state Assemblies, referred to as 'One Nation, One Election', will go on four 'study tours' in May and June to gather views on two Bills on the matter. 'The study tours will begin on May 17. We will cover Maharashtra on May 17-18. Then, Dehradun (Uttarakhand) from May 19 to May 21. We will cover the state of Uttarakhand,' P P Chaudhary, the chairperson of the committee, said on Tuesday, ahead of the panel's seventh meeting. 'In June, we will cover J-K and Ladakh as well. People from far-off places can also come in front of the committee. And then, we will go to Chandigarh and we will be covering a Union Territory and will cover Haryana and Punjab as well,' he added. Chaudhary said that in a democracy, differences of opinion are good. 'Everyone has their opinion. There could be different opinions in the committee, too. One time will come when all the members will agree to it because all the leaders think for the nation and will agree for the nation's interest,' he said ahead of Tuesday's meeting. The two Bills, called the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, were introduced in the Lok Sabha by Law Minister Arjun Ram Meghwal on December 17, 2024, and referred to the joint committee. The last meeting of the panel on March 25 had seen Attorney General R Venkatramani and former Delhi High Court chief justice D N Patel tell the committee that the Bills do not go against the Constitution, with Justice Patel saying that they could undergo some changes. On March 11, former Chief Justice of India and Rajya Sabha member Ranjan Gogoi had cautioned the committee on the constitutional validity of some provisions of the Bills.
