Four Former Chief Justices Of India Favour One Nation One Election: Report

Chief Justice of India (CJI) Edited by Updated: Sep 19, 2024, 5:54 pm
Four Former Chief Justices Of India Favour One Nation One Election: Report

Four Former Chief Justices Of India Favour One Nation One Election: Report

According to a report by Bar and Bench, four former Chief Justices of India (CJIs) have expressed their support for the “One Nation, One Election” proposal. The High-Level Committee, chaired by former President of India Ram Nath Kovind, consulted these former CJIs as part of its assessment of simultaneous elections. The Union Cabinet, on 18th September, accepted the committee’s recommendations.

The four former CJIs—Dipak Misra, Ranjan Gogoi, Sharad Arvind Bobde, and UU Lalit—participated in consultations and submitted written responses backing the proposal. They argued that simultaneous elections could bring multiple benefits, including cost savings, administrative efficiency, and enhanced voter engagement.

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Former CJI Misra, in a letter dated 28th February, dismissed concerns that simultaneous elections could violate the Constitution’s basic structure, federalism, or democratic principles. Similarly, CJI Bobde asserted that such fears are misplaced.

Ranjan Gogoi emphasised that the scheme would reduce the influence of money and muscle power in elections. He also called for constitutional amendments and voter awareness campaigns to ensure a smooth implementation. Meanwhile, UU Lalit pointed out that frequent elections disrupt governance and decision-making due to the Model Code of Conduct, advocating that simultaneous polls would allow for smoother governance.

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Justice Hemant Gupta, a former Supreme Court judge, also supported the proposal, highlighting the importance of mobilising public support and awareness for successful implementation. Nine out of twelve former High Court judges consulted by the committee also backed the proposal.

However, there has been notable opposition from some legal figures. Former Delhi High Court Chief Justice AP Shah, among others, expressed concerns that simultaneous elections could harm democratic expression and reduce political accountability. Former Calcutta High Court judge Girish Chandra Gupta and former Madras High Court Chief Justice Sanjib Banerjee echoed similar concerns, suggesting that it could undermine India’s federal structure and harm regional issues.

This concept of simultaneous elections has garnered attention since the Law Commission of India supported the idea in 2019, with the BJP including it in its 2024 General Election manifesto.

the Union government on Wednesday, under Prime Minister Narendra Modi, has accepted the recommendations of the High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind. According to a press release, the committee’s report, based on consultations with a broad spectrum of stakeholders, recommends implementing simultaneous elections in two phases. The proposal aims to reduce the frequency of elections and create a common electoral roll for all elections, with detailed discussions set to follow across the country.

According to a government press release, simultaneous elections were previously held between 1951 and 1967, and various reports, including the Law Commission’s 170th report (1999) and the Parliamentary Committee’s 79th Report (2015), have called for returning to this practice.

Key recommendations include holding Lok Sabha and Assembly elections together in the first phase, followed by local body elections within 100 days. A common electoral roll is also proposed, alongside nationwide consultations and the formation of an implementation group. The government report is available online for public access.