Simultaneous polls do not violate Constitution’s Basic Structure: Justice Gavai, Pg14

Key Highlights:

• Former CJI Justice B.R. Gavai stated that simultaneous elections do not violate the Basic Structure of the Constitution.
• The statement was made to Parliament’s Joint Committee reviewing The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024.
• Justice Gavai argued the bill only changes the manner of elections once, without breaching the Basic Structure doctrine.
• Other former CJIs have expressed divided opinions on the Bill, with some questioning its constitutionality.
• The Parliamentary Joint Committee is headed by BJP MP P.P. Chaudhary.
• A suggestion was made to create a common electoral roll for all levels of elections.

Detailed Insights:

• The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 aims to synchronize elections for the Lok Sabha and State Assemblies.
• Justice Gavai emphasized that the structure of elections, voter rights, and accountability mechanisms like the no-confidence motion remain unaffected.
• Justices U.U. Lalit and Sanjiv Khanna raised concerns about the Bill's compatibility with the Basic Structure of the Constitution.
• Justices Ranjan Gogoi, D.Y. Chandrachud, and J.S. Khehar, along with Justice Gavai, believe the Bill does not violate the Basic Structure.
• The proposal for a common electoral roll seeks to streamline the electoral process and reduce the burden on government employees.
• The Bill was introduced in the Lok Sabha on December 17, 2024.

Key Concepts Involved:

• Basic Structure Doctrine: The principle that the Constitution has certain fundamental features that cannot be altered by amendments.
• No-Confidence Motion: A parliamentary procedure where the legislature can remove a government from power by voting against it.
• Electoral Roll: A list of persons eligible to vote in an election.