NEW DELHI, July 12 — Former Chief Justices of India DY Chandrachud and JS Khehar have cautioned against granting unchecked powers to the Chief Election Commissioner (CEC) under the proposed framework for “One Nation, One Election” (ONOE), recommending that such authority should be subject to parliamentary scrutiny.
The two jurists made their submissions before a joint parliamentary committee examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024. The panel, chaired by BJP MP PP Chaudhary, is studying the legal and constitutional viability of synchronising Lok Sabha and state Assembly elections.
Sources privy to the closed-door deliberations said the former CJIs raised concerns over provisions that empower the CEC to recommend to the President the deferment of elections in states where Assemblies are dissolved before the synchronised poll schedule.
They pointed out that the legislation, as currently drafted, allows the CEC to delay such elections without a fixed time frame or clear accountability.
“This power should not rest solely with the Election Commission. Parliament must have a role in deciding when and why an election is deferred,” one of the former CJIs is learnt to have told the panel.
Justice Chandrachud, in particular, is understood to have argued that only concerns involving national security or public order should justify such delays. Citing the Jammu and Kashmir Assembly elections — held in October 2024 after a 10-year hiatus — Chandrachud reportedly underscored how delays, even in sensitive areas, must not bypass legislative checks.
While both jurists did not oppose the ONOE concept in principle, they urged the panel to resolve “grey areas” during the legislative review to avoid legal challenges later. “It’s better to address constitutional vulnerabilities now than wait for judicial scrutiny to strike down portions of the law,” a source quoted them as saying.
One of the former CJIs also reiterated that full five-year terms are critical for good governance. Justice Chandrachud had earlier observed that if a government is reduced to a term of a year or less, its ability to execute significant development projects is undermined due to the model code of conduct taking effect well ahead of elections.
Former CJI UU Lalit, who appeared before the same panel earlier this year, had also raised concerns regarding the constitutional soundness of the proposed laws, even as he expressed support for synchronised elections in principle.
Friday marked the committee’s eighth sitting. It is expected to submit its final report to the Lok Sabha during the opening week of the upcoming monsoon session.
The ONOE proposal — a long-standing BJP pitch — aims to align the electoral cycles of the Centre and states to reduce administrative burdens, limit policy disruptions, and curb election-related expenditure. However, several opposition leaders have objected, arguing that the plan undermines the federal structure and the Constitution’s basic framework.
