One Nation, One Election: SC Cancels Meeting With Parliamentary Panel, Pg6

Supreme Court cancels meeting with parliamentary panel on 'One Nation, One Election' bill, citing potential judicial review of the proposed amendment.

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Key Highlights:

  • The Supreme Court declined a proposed meeting with the Joint Committee of Parliament examining the Constitution (129th Amendment) Bill, 2024, related to 'One Nation, One Election'.
  • The Court cited that the proposed amendment might become a subject of Judicial Review, making discussion on the administrative side inexpedient.
  • The meeting was sought by the Election Commission as an "informal interaction" or "Local Study Visit" with the Chief Justice of India and other judges.
  • The Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, aim to enable simultaneous elections for the Lok Sabha and State Legislative Assemblies.

Detailed Insights:

  • The Supreme Court's decision underscores the principle of judicial independence and the avoidance of pre-empting potential legal challenges.
  • The Joint Committee of Parliament, a 39-member panel constituted by Lok Sabha Speaker Om Birla, was formed to scrutinize the simultaneous election Bills.
  • Senior advocate and Rajya Sabha MP Kapil Sibal had raised objections to the proposed meeting, terming it "a joke on the Constitution" due to the possibility of sitting judges ruling on the law's constitutionality.
  • Four former Chief Justices of India—J.S. Khehar, Ranjan Gogoi, D.Y. Chandrachud, and U.U. Lalit—have previously appeared before the committee, indicating that the plan could pass constitutional muster with amendments.
  • However, these former CJIs also flagged concerns regarding the vast powers that the Election Commission of India would wield under the proposed law.
  • The concept of 'One Nation, One Election' proposes synchronizing the electoral cycles of the Lok Sabha and State Assemblies to reduce costs and administrative burden.
  • India previously held simultaneous elections for the Lok Sabha and State Assemblies in 1952, 1957, 1962, and 1967.
  • The Constitution (129th Amendment) Bill, 2024, seeks to amend Articles 83, 172, and 327, and insert a new Article 82A to facilitate simultaneous polls.
  • It proposes that if the Lok Sabha or a State Assembly is dissolved prematurely, the subsequent election would be for the remainder of the five-year term, not a fresh full term.

Key Concepts Involved:

  • One Nation, One Election: A proposal to hold elections for the Lok Sabha and all State Legislative Assemblies simultaneously.
  • Judicial Review: The power of the judiciary to examine the constitutionality of legislative enactments and executive orders.
  • Joint Committee of Parliament: An ad-hoc committee comprising members from both Lok Sabha and Rajya Sabha, formed to examine specific Bills or issues.
  • Constitution (129th Amendment) Bill, 2024: A legislative proposal aimed at amending the Constitution to enable simultaneous elections across India.
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