Simultaneous election Bill gives EC unbridled powers; loopholes remain: ex-CJIs, Pg1

Key Highlights:

• The Election Commission would be granted discretionary power to decide if and when Assembly elections should be held.
• Former CJIs pointed out absence of an oversight mechanism over EC's expanded authority.
• The comments were made before the Joint Parliamentary Committee reviewing the Constitution (129th Amendment) Bill, 2024.
• Section 82A(5) allows the EC to recommend to the President that an Assembly election be deferred.

Detailed Insights:

• Unfettered discretion to EC: The Bill empowers the EC to unilaterally decide on the conduct of Assembly elections without parliamentary or executive oversight, raising concerns about democratic accountability.
• Judicial caution: Former CJI Khehar recommended that either Parliament or the Union Council of Ministers should have a consultative role before EC takes such decisions.
• Definitional ambiguity: The term “remaining period” of an Assembly’s tenure is undefined. Holding elections for very short remaining periods could defeat the purpose of simultaneous elections and burden the exchequer.
• Consistency with Basic Structure: Despite these procedural issues, the former CJIs held that the Bill does not breach core constitutional principles, such as federalism or democratic governance.

Key Concepts Involved:

• Simultaneous Elections (One Nation, One Election): A proposed reform to conduct Lok Sabha and State Assembly elections together to reduce frequency, costs, and administrative load.
• Section 82A(5) (Proposed): A clause giving EC power to recommend deferral of elections in case simultaneous polls are not feasible.