‘One nation, one election’ may not withstand judicial scrutiny: Ex-CJI

Former Chief Justice of India UU Lalit on Tuesday said the concept of ‘one nation, one election’ was a good idea, but may not withstand judicial scrutiny if certain loopholes remain unaddressed, sources said. He reportedly highlighted that the provision to shorten state assemblies’ tenures before their natural expiry is “unconstitutional”.

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He is learnt to have suggested that simultaneous Lok Sabha and Assembly polls should be rolled out in not one go, but in a phased manner

Lalit, who appeared before the Joint Committee on the Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, told the panel that the proposal contains legal gaps that could make it vulnerable to court challenges, sources said.

He specifically flagged the provision to cut short state Assembly tenures, terming it unconstitutional, and called for necessary amendments. If the Bills are passed, the first simultaneous elections will be held in 2034, requiring some state Assemblies to dissolve before completing their full five-year term. Lalit reportedly cautioned that if challenged, such provisions might not stand legal scrutiny.

Additionally, he is said to have raised concerns over Clause 2 of the Constitution (129th Amendment) Bill, 2024, which introduces Article 82A. The article states: “The President may, by a public notification issued on the date of the first sitting of the House of the People after a General Election, bring into force the provisions of this article, and that date of the notification shall be called the appointed date.”

Lalit suggested replacing “President may” with “President shall” to ensure certainty of action.

Former Law Commission of India Ritu Raj Awasthi told the 39-member committee headed by BJP MP PP Chaudhary that the proposed law does not violate the basic structure doctrine on federalism and is not against the democratic principles of the Constitution.

Meanwhile, Congress Lok Sabha MP from Wayanad, Priyanka Gandhi Vadra, reportedly inquired about the expenses involved in implementing the ‘one nation, one election’ concept. Law Ministry officials assured her that they would provide the requested details.

However, she is learned to have criticised the proposal, arguing that it would weaken democracy by altering legislative tenures and infringing on people’s rights, sources said.

IAS officer Niten Chandra, former secretary of the high-level Ram Nath Kovind committee on ‘One Nation, One Election’, also presented his views before the panel.

Additionally, senior advocate and former Congress MP EM Sudarsana Natchiappan, who chaired a 2015 parliamentary committee that had endorsed simultaneous elections, shared his insights.

Later, Chaudhary described the meeting as satisfactory, noting that members across party lines raised several queries, particularly to Lalit.

“All members appreciated the concept, and their concerns were addressed. I thank them for their positive attitude,” Chaudhary said.