NEW DELHI: Chairman of the Joint Parliamentary Committee (JPC) on One-Nation-One-Election (ONOE) PP Chaudhary on Thursday indicated that the panel is seriously looking at ways to further strengthen the provisions under Articles 85(2) and 174(2) to eliminate the possibility of an “unscrupulous” Prime Minister or Chief Minister getting the Lok Sabha or a state Assembly dissolved midway.
Article 85(2) empowers the President of India to dissolve the Lok Sabha on the aid and advice of the Prime Minister, while Article 174(2) empowers the Governor of a state to dissolve a state Assembly on the aid and advice of the Chief Minister.
Chaudhary, the BJP MP from Pali Lok Sabha seat, said the Union government, too, cannot arbitrarily dismiss an elected state government or dissolve its Assembly, as such action can be challenged in court.
The use of Article 356, which provides for President’s Rule, has also become significantly more difficult following the Supreme Court’s landmark SR Bommai judgement, he said.
Elaborating on the evolution of the ONOE proposal, Chaudhary said there was broad agreement within the JPC on the merits of holding simultaneous elections and that members were convinced that the provisions of the Bill before the committee would not disturb the basic structure of the Constitution, including the federal structure.
It only aims to fix a calendar for simultaneous elections to the Lok Sabha and state Assemblies, the BJP MP added.
Chaudhary said members of the Congress, including Priyanka Gandhi, had acknowledged the merits of the proposal, although the committee was primarily focused on finding a workable mechanism for its implementation.
“There is complete unanimity among members of the committee on the merit and advantages of holding simultaneous elections for the Lok Sabha and state assemblies. But the question we are looking at is how to implement the scheme,” he said.
The committee, he added, is conducting extensive consultations with stakeholders across the country and examining the constitutional, legal and practical aspects of the proposal.
It is also engaging prominent legal experts, including former Chief Justices of India, as it weighs different options.
According to Chaudhary, the JPC is grappling with two fundamental questions: how to synchronise national and state elections, and how to maintain that synchronisation over time. “These are exactly the issues on which we are brainstorming and meeting people,” he said.
The committee is also examining every clause of the proposed legislation and attempting to evolve a consensus among its members before finalising its report, which will be submitted to Parliament.