Former CJIs Question EC’s Authority Under ‘One Nation, One Election’ Bill

IO_AdminUncategorized21 hours ago7 Views

### Speedy Summary
– Former Chief Justices of India (CJIs) J S Khehar and D Y Chandrachud presented their views before the Joint Parliamentary Committee (JPC) on the proposed “One Nation, One Election” (ONOP) bill at Parliament House Annexe.
– Both judges agreed that the bill aligns with the basic structure of India’s Constitution but raised concerns regarding certain clauses, especially granting vast powers to the Election Commission (EC).
– Clause 82A(5), which allows EC to postpone elections in a state under certain conditions, was flagged as problematic due to potential legal challenges and constitutional ambiguities.
– Justice Khehar highlighted issues arising from scenarios like Emergency being declared in one state that could disrupt synchronized electoral cycles.
– Justice Chandrachud referred to “constitutional silences,” pointing out gaps in legislative clarity around several provisions of the bill.
– Amendments were suggested by both former CJIs; prior critiques by ex-CJI Ranjan Gogoi also echoed similar concerns about unchecked authority given to EC under this legislation.
– The JPC chairperson and members expressed openness to refining the bill based on expert feedback.

Ex-CJIs on 'One Nation, One Election' bill: Can EC have unbridled power?

### Indian Opinion Analysis
The observations made by former CJIs underscore critical areas that require attention if India is to implement simultaneous elections across its states and national bodies. While ONOP may streamline governance processes and reduce election-related logistics, concerns over “unbridled power” for institutions like the Election Commission touch upon fundamental accountability within a democratic framework. Legal ambiguities such as whether elections can be postponed or how emergencies affect synchronized polling cycles add layers of complexity that demand extensive review.

The engagement with expert voices signals an inclusive approach by policymakers. However, balancing reforms without compromising constitutional checks and balances must remain paramount. Incorporating amendments recommended during these deliberations will likely determine how well ONOP can evolve into sound legislation without sparking judicial pushback or political opposition.

[Read more](https://timesofindia.indiatimes.com/india/ex-cjis-on-one-nation-one-election-bill-can-ec-have-unbridled-power/articleshow/122394973.cms)

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