Justice Gavai States Simultaneous Polls Do Not Violate the Basic Structure of the Indian Constitution
Former Chief Justice of India B.R. Gavai testified before a Parliamentary Joint Committee that the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, does not violate the Basic Structure doctrine. The bill seeks to synchronize elections for the Lok Sabha and State Assemblies. Justice Gavai argued that the amendment merely changes the 'manner of elections' and falls within Parliamentary competence. However, the legal community remains divided; while four former CJIs support the bill, others like Justice U.U. Lalit have expressed concerns that it might not withstand a legal challenge in the Supreme Court regarding federalism.
Key Points
- The 129th Amendment Bill aims to synchronize Lok Sabha and State Assembly elections across India.
- Justice Gavai argued that the bill does not breach the federal framework or impact government accountability.
- Six former CJIs have provided testimony, with a 4-2 split in favor of the bill's constitutionality.
- The committee is also considering a common electoral roll for local, state, and national elections.
Exam Facts
- Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024.
- Basic Structure Doctrine established in the Kesavananda Bharati case.
- The bill was introduced in the Lok Sabha on December 17, 2024.
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