NEW DELHI: Two former chief justices of India, Justice DY Chandrachud and Justice JS Khehar, have expressed concerns over the unchecked authority conferred on the Election Commission of India (ECI) under the proposed One Nation One Election (ONOE) Bill.
According to sources, both former CJIs share the same view and have raised objections to the language and several provisions of the constitutional amendment bill, particularly those that grant excessive powers to the Commission in implementing the proposed framework for simultaneous elections.
On Friday, Justice Chandrachud concluded his presentation before the Joint Parliamentary Committee, chaired by BJP MP PP Chaudhary, which is tasked with reviewing the Bill.
Justice Khehar had earlier submitted his written opinion and given his views on the legal and constitutional aspects of the proposed legislation.
“The former CJI told the Committee that though the Bill does not violate the basic structure of the Constitution, some of the provisions can’t stand before judicial scrutiny and also made some recommendations to address them. Both the justices further suggested that there should be an ‘oversight mechanism’ on the conduct of elections,” said sources.
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.
