'One Nation One Election Is Unconstitutional': Ex- HC Chie Justice AP Shah Submits His Views To JPC

New Delhi: Submitting his 12-page note before the Joint Parliamentary Committee (JPC) examining the ‘One Nation One Election’ Bill, former Delhi High Court Chief Justice Ajit Prakash Shah (AP Shah) on Monday asserted that the proposed legislation is unconstitutional.

According to Shah, the proposal violates democratic principles and the federal structure of India. Shah, also a former law commission chief, opposed the bill on several counts, including the power given to the Election Commission to recommend postponing state assembly polls.

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Meanwhile, presenting his view, former Solicitor General Harish Salve argued that the proposed law meets the constitutional requirements while rejecting Justice Shah’s argument that the bill is violative of the basic structure of the constitution and federal principles. However, Salve admitted that the one nation, one election is conditional legislation, adding the bill does not restrict people’s voting rights and that the constitutional amendments proposed are very much within the bounds of the Constitution, The New Indian Express reported, citing sources.

Appearing before the Joint Committee of Parliament panel, Harish Salve and Ajit Prakash Shah presented their views on simultaneous elections on Monday. It is reported that during the five-hour meeting, both Salve and Shah took questions from members.

The Congress and other opposition parties have been opposing the bill since its introduction in parliament. The Congress stated that no amount of legislative support can alter the basic structure of the Constitution while noting the supremacy of the Constitution over the Parliament.

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“It is precisely this supremacy of the Constitution which the BJP wants to destroy through the concept of ‘One Nation, One Election.’ The BJP knows that once the basic structural doctrine is weakened, it may be able to alter the other basic features of the Constitution, like secularism, social justice and judicial review,” the Congress had observed.

However, the Centre has been determined to implement simultaneous elections, saying that elections to the Lok Sabha and all State Legislative Assemblies were conducted simultaneously till 1967. The premature dissolution of some state legislative assemblies and the Lok Sabha in 1970 disrupted the practice over the years. Premature dissolutions have become a recurring challenge, which further disrupted the cycle of simultaneous elections, leading to the current pattern.

The Union Government has claimed that the one-nation, one-election system would promote consistency in governance, prevent policy paralysis and cut down the financial costs associated with multiple election cycles. The Congress has contended this argument, stating that there is no evidence to show that ‘One Nation, One Election’ will reduce expenditure.

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The party added that, if implemented, it would lead to an enormous increase in the official expenditure due to logistical issues and the possibility of holding midterm polls to elect legislators for a duration of less than five years.

The opposition argues that holding simultaneous elections undermines the role of regional parties by destroying the federal structure of the constitution. The focus on regional issues will also get diluted in the din of national issues during simultaneous elections, according to them.

The Congress claims that, once implemented, it will pave the way for the BJP to further its anti-constitution agenda through their programmes like ‘One Nation, One Culture’, ‘One Nation, One Religion’, ‘One Nation, One Language’, ‘One Nation, One Dress’, and so on and so forth. Hence, the proposal would act as a tool to destroy the idea of unity in diversity, coexistence, tolerance and sharing in the country.