Ex-CJI Cites Loopholes in Bill on Simultaneous Polls, Calls for Amendment to EC Powers, Pg 11

Key Highlights

Loopholes in the Simultaneous Elections Bill

• Former CJI Ranjan Gogoi raised concerns over the Constitution (29th Amendment) Bill, 2024, which seeks to empower the Election Commission (EC) to conduct simultaneous elections to the Lok Sabha and State Assemblies.
• Key concern: The Bill grants the EC unrestricted powers to decide the election schedule without a fixed deadline.

Debate on Election Commission’s Powers

• Section 82 (J) of the Bill: Allows the EC to recommend to the President that an Assembly election be conducted at a later date if it cannot be held with the General Elections.
• DMK MP P. Wilson and Justice Gogoi argued this grants arbitrary and unchecked powers to the EC.
• Risk: EC could prolong or curtail an Assembly’s tenure, affecting democratic functioning.

Congress’ Objection & Historical Reference

• Congress MP Manish Tewari cited the 1991 Punjab elections, where PM Chandra Shekhar postponed elections citing law and order issues.
• Unlike the Union Government, the EC lacks the administrative machinery to assess and take such decisions.

Legal Concerns & Public Consultation

• Former CJI U.U. Lalit also criticized the Bill, arguing it cannot withstand legal scrutiny.
• Parliamentary Panel's Response:
  • Decided to launch a public consultation website for feedback.
  • Opposition questioned the Kovind Committee report, which claimed 80% support for simultaneous polls.
  • The panel has asked the Kovind Committee to submit raw public responses.

Analysis & Way Forward

• Simultaneous elections could improve governance efficiency but require a clear constitutional framework.
• Policy Recommendations:
  • Specify clear timelines to avoid discretionary delays.
  • Ensure checks and balances to prevent misuse of EC’s powers.
  • Federal consensus must be built through consultations with states.

Mains Mock Question:

"Discuss the feasibility of holding simultaneous elections in India. Analyze the constitutional and governance challenges associated with it."