Former CJI Sanjiv Khanna warns 'One Nation, One Election' Bill gives EC unfettered discretion
Former Chief Justice of India Sanjiv Khanna informed a Joint Parliamentary Committee that the proposed Constitution (129th Amendment) Bill, 2024, commonly known as the 'One Nation, One Election' Bill, grants "unfettered discretion" to the Election Commission. He argued that Clause 5 of the proposed Article 82A, allowing the EC to postpone Assembly polls, could lead to indirect President's Rule and violate the federal structure and Article 14. Four other former CJIs have also flagged legal infirmities. Justice Khanna stated the Bill fails to meet its objective of reducing policy paralysis, as the Model Code of Conduct would still apply during premature dissolutions.
Key Points
- The proposed 'One Nation, One Election' Bill (Constitution (129th Amendment) Bill, 2024) grants "unfettered discretion" to the Election Commission.
- Former CJI Sanjiv Khanna warned that Clause 5 of proposed Article 82A could lead to indirect President's Rule and violate India's federal structure and Article 14.
- Several former Chief Justices of India have identified legal infirmities in the proposed legislation.
- The Bill's objective of reducing policy paralysis is undermined because the Model Code of Conduct would still apply during premature Assembly dissolutions.
- The JPC will now consult economists to evaluate the financial implications of the legislation.
Exam Facts
- Constitution (129th Amendment) Bill, 2024, also known as 'One Nation, One Election' Bill.
- Proposes to insert Article 82A and amend Articles 83 and 172.
- Former CJI Sanjiv Khanna, U.U. Lalit, Ranjan Gogoi, Jagdish Singh Kehar, and D.Y. Chandrachud raised concerns.
- Article 14 relates to equality before law and Article 356 pertains to President's Rule.
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