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Simultaneous Polls Within Constitutional Framework, Says Former CJI BR Gavai

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New Delhi: Former Chief Justice of India BR Gavai on Thursday voiced support for the concept of simultaneous elections, stating that the proposal to hold Lok Sabha and State Assembly polls together is well within the ambit of the Constitution.

Appearing before the Parliamentary Joint Committee examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, Gavai said Parliament is competent to enact legislation to facilitate synchronised elections across the country. The proposed amendment seeks to align elections to the Lok Sabha and State Assemblies.

The committee reviewing the bill is chaired by BJP MP PP Chaudhary.

Gavai is learnt to have told the panel that the mechanism of a “no-confidence motion” remains unaffected under the proposed framework, thereby ensuring that the accountability of governments at the Centre and in the states would continue to be safeguarded.

He is the sixth former Chief Justice of India to depose before the committee. Four former CJIs — Ranjan Gogoi, DY Chandrachud, JS Khehar and Gavai — are understood to have conveyed that simultaneous elections do not violate the constitutional framework.

However, two other former CJIs, Sanjiv Khanna and UU Lalit, have reportedly expressed reservations, contending that certain aspects of the proposed legislation may run contrary to the basic structure doctrine of the Constitution.

Sources indicate that the scope of powers proposed to be vested in the Election Commission of India, particularly in determining and finalising election schedules, has emerged as a key area of concern among members of the legal fraternity who appeared before the panel.

The committee is expected to continue consultations with constitutional experts and stakeholders before finalising its recommendations on the bill.

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