ONOP bill does not take away voting rights, says former CJI Ranjan Gogoi
Gogoi, according to functionaries, faced a range of questions over the proposed law as well as the basic structure of the Constitution.
Former Chief Justice of India Ranjan Gogoi on Tuesday told a joint parliamentary committee (JPC), which is examining legislation aimed at ushering in simultaneous national and state elections, that the constitutional amendment bill did not take away the people’s right to vote but only created a poll schedule.
Panel members also discussed a proposal that said that under the new law, if a no-confidence motion is moved in an assembly, it has to be followed up by a confidence motion to avoid any vacuum, said people aware of developments.
ALSO READ | What is 'One Nation One Election' proposal: Explained in points
Gogoi, who was nominated to the Rajya Sabha in 2020, also admitted that the Election Commission was given excessive power in the Constitution (129th amendment) bill. Gogoi’s appearance in front of the JPC came close on the heels of former CJI UU Lalit’s deposition, during which he had cast doubts on the current plan to hold the Lok Sabha and all assembly elections in one go.
Gogoi, according to functionaries, faced a range of questions over the proposed law as well as the basic structure of the Constitution. He defended the bill and said that the legislation was not taking away the right to vote, and that Parliament will enact a law only to create a schedule.
When questioned by some Opposition leaders if the bill diluted the Constitution’s basic structure, Gogoi referred to the Kesavananda Bharati case — a landmark 1973 Supreme Court judgement on the basic structure doctrine—and argued, “How far are you going to extend the basic structure? Is casting a vote is a basic structure? Is contesting elections is a basic structure?”
Gogoi maintained that there could be two views on the clauses but admitted that the EC was given excessive power through a contentious new article, said the people cited above. In the Constitutional amendment, a new Article 82 A was added, and clause (5) of that article said, “If the Election Commission is of the opinion that the elections to any legislative assembly cannot be conducted along with the general election to the House of the People, it may make a recommendation to the President, to declare by an order, that the election to that legislative assembly may be conducted at a later date.”
ALSO READ | What is one nation, one election? The 11 proposals in the draft cleared by cabinet today
Many Opposition leaders also felt in the meeting that this clause gives sweeping power to the EC, said the functionaries cited above. In the current situation, if an election is not conducted within a stipulated period, then President’s rule is imposed in a state or a UT. Some leaders also underlined that the proclamation of President’s Rule is ratified by Parliament, but this new clause kept the EC’s recommendations out of the purview of the House.
In the JPC meeting, some lawmakers also discussed a proposal that if a no-confidence motion against an elected government is passed in a House, it has to be followed up by a confidence motion to set an alternative government to avoid an administrative vacuum.
The committee, led by Bharatiya Janata Party lawmaker PP Chaudhary, also decided to launch a portal for common people and organisations to send their feedback.
The 39-member panel is examining the Constitution (129th Amendment) Bill and the Union Territories Laws (Amendment) Bill – which aim to usher in simultaneous polls in India – and is scheduled to complete its report by the first day of the last week of the 2025 budget session.
The proposal to align elections – known colloquially as one nation, one poll (ONOP) – was a part of the BJP’s 2024 poll manifesto and is backed by Prime Minister Narendra Modi, who argues that it will trim election costs and shift the focus to governance.
But the proposal is fiercely opposed by a raft of opposition political parties and activists who allege that it will hurt democratic accountability and federalism. The bills propose the alignment process to begin in 2029 and the first simultaneous elections in 2034.
