Ex-CJI Ranjan Gogoi Raises Concerns Over 'One Nation, One Election' Bill

Former Chief Justice of India and current Rajya Sabha member, Ranjan Gogoi, recently appeared before the Joint Parliamentary Committee to discuss the proposed 'One Nation, One Election' Bill. During the session, he expressed reservations about certain provisions, particularly those granting extensive powers to the Election Commission , suggesting they might face constitutional challenges.

The JPC, led by Bharatiya Janata Party Member of Parliament P.P. Chaudhary, is scrutinizing the Constitution Bill, 2024. This bill aims to synchronize elections for the Lok Sabha and all state legislative assemblies, a move intended to streamline the electoral process and reduce associated costs.

Gogoi, addressing the committee, emphasized the importance of maintaining a balance of power. He cautioned against provisions that could potentially grant the EC unchecked authority, highlighting that such clauses might not withstand judicial scrutiny. Specifically, he pointed to Section 82A of the proposed bill, recommending revisions to ensure it aligns with constitutional mandates.

The former Chief Justice's insights come at a pivotal moment, as the nation debates the feasibility and implications of conducting simultaneous elections. Proponents argue that this approach would lead to significant cost savings, reduce the frequency of election-related disruptions, and allow governments to focus more on governance rather than continuous campaigning.

However, critics raise concerns about the potential erosion of federalism. They argue that simultaneous elections could overshadow regional issues, as national narratives might dominate the discourse, thereby marginalizing local concerns. Additionally, there are apprehensions about the logistical challenges of conducting elections on such a massive scale, given India's vast and diverse electorate.

During his interaction with the committee, Gogoi also addressed questions regarding the bill's impact on citizens' voting rights. He clarified that the proposed legislation does not infringe upon the electorate's right to vote but seeks to establish a unified electoral schedule. This distinction is crucial, as any perceived threat to voting rights could lead to widespread opposition and potential legal challenges.

The JPC's consultations have been comprehensive, involving various legal and constitutional experts. Prior to Gogoi's appearance, former Chief Justice of India U.U. Lalit also presented his views, expressing skepticism about the current plan to hold simultaneous elections for the Lok Sabha and all state assemblies. Such diverse perspectives underscore the complexity of the issue and the need for meticulous deliberation.

In an effort to engage the public and gather a wide array of opinions, the parliamentary panel has announced plans to launch a dedicated website. This platform will invite suggestions and feedback from citizens, ensuring that the discourse encompasses viewpoints from all sections of society. The initiative reflects a commitment to transparency and participatory democracy, allowing stakeholders to voice their support, concerns, or suggestions regarding the proposed electoral reforms.

The 'One Nation, One Election' proposal has been a topic of discussion for several years. Historically, India conducted simultaneous elections until 1967, after which the cycle was disrupted due to various political developments. Advocates of the proposal believe that reverting to the original system would lead to more stable governance and efficient utilization of resources.

However, implementing such a significant change requires careful consideration of constitutional provisions. The bill proposes amendments to several articles of the Constitution, necessitating a thorough examination to ensure that the foundational principles of democracy and federalism are upheld. The concerns raised by legal luminaries like Gogoi highlight the need for a balanced approach that safeguards institutional integrity while pursuing electoral reforms.

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