Top jurist D Y Chandrachud wrote to the Joint Parliamentary Committee that the Constitution does not require separate timing for Lok Sabha and state elections, dismissing opposition claims that simultaneous polls violate the basic structure of the Constitution. He asserted staggered polls were never “an immutable feature” of federal democracy.
Chandrachud, along with former Chief Justices Ranjan Gogoi and J S Kehar, has endorsed the concept, but raised significant concerns about the wide discretion granted to the Election Commission in the draft Constitutional amendment. He warned that unchecked authority could allow the Commission to extend or curtail a state assembly's tenure arbitrarily, bypassing the five-year term limit, under the guise of synchronising polls. He urged the Constitution to clearly define and regulate such discretionary power.
Gogoi, who previously appeared before the panel, echoed these concerns over excessive empowerment of the election regulator. Meanwhile, UU Lalit, another former Chief Justice, advocated a phased rollout of the proposal, cautioning that prematurely truncating legislative terms could prompt legal challenges.
Chandrachud also emphasised that simultaneous polls would not infringe voters' rights, noting that the bill ensures continuous representation for electors. He criticised opposition claims by saying they rested on assumptions that the electorate is “naive” and “easily manipulated”.
A further point of contention relates to political equity. Chandrachud warned that simultaneous polls could disproportionately benefit well-resourced national parties, sidelining regional players. He recommended tightening campaign finance laws to level the playing field, highlighting that while candidate expenditure is capped, party expenditure remains unregulated.
The bill stipulates that any midterm elected House would serve only the remainder of its original five-year term. Chandrachud cautioned this could render such governments non-viable, since the Model Code of Conduct would come into effect approximately six months before expiration, curbing substantive governance. Members of the Joint Committee have echoed this concern, pointing to potential distractions in policy-making and delivery.
Chandrachud, Gogoi and Kehar are scheduled to address the committee in person on 11 July, headed by MP P P Chaudhary, to clarify these issues directly. The panel, comprising 39 members, was established to scrutinise the Constitution Bill, 2024, which seeks legislative backing for simultaneous elections.