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This is an archive article published on March 15, 2024

Report: Oppostion told panel simultaneous elections against the basic structure of Constitution

The committee, chaired by former President Ram Nath Kovind, in its report, submitted to President Droupadi Murmu Thursday, countered the criticism saying that simultaneous elections did not impinge on rights of citizens or the federal structure.

one nation, one pollOf the 47 national and state political parties that gave their views, 32 favoured the idea and 15 – mostly Opposition parties – opposed the idea.

Those who opposed the idea of simultaneous elections, including 15 political parties and two retired judges, told the high-level committee on One Nation One Election that it would be anti-democratic, anti-federal and against the basic structure of the Constitution, as per the committee’s report.

The committee, chaired by former President Ram Nath Kovind, in its report, submitted to President Droupadi Murmu Thursday, countered the criticism saying that simultaneous elections did not impinge on rights of citizens or the federal structure.

“It (simultaneous elections) ensures the government remains continually responsive to the legislative body, reflecting the people’s will… The concept of simultaneous elections in no way affects the governance mechanism, it only provides a way to better manage the whole election process,” the report said.

Of the 47 national and state political parties that gave their views, 32 favoured the idea and 15 – mostly Opposition parties – opposed the idea. Against the proposal, AAP, BSP, CPM, Congress, All India United Democratic Front, TMC, AIMIM, CPI, DMK, Naga People’s Front, Samajwadi Party, MDMK, VCK, CPI(ML) Liberation and Social Democratic Party of India sent their written views to the committee.

The committee also interacted with former Chief Justices of India and judges of the Supreme Court and High Court, most of whom supported the idea. Former Delhi High Court CJ A P Shah, who opposed the idea, said simultaneous elections would curb democratic expression. Justice Shah also expressed concerns about “distorted voting patterns and State level political alterations,” the report said.

Former Chief Justice of Madras HC Sanjib Banerjee, too, opposed the idea and said it would undermine the federal structure and be prejudicial to regional issues. “He cited empirical data showing frequent midterm state elections, emphasising the importance of allowing people to exercise their choices. He suggested state funding of elections as a more effective reform to tackle corruption and inefficiency,” the report said.

The Congress had opposed the idea saying it would lead to “substantial changes to the basic structure of the Constitution”. AAP said the simultaneous elections would undermine democracy and the basic structure of the Constitution. CPI (M) said simultaneous elections are “fundamentally anti-democratic and strikes at the root of the parliamentary democratic system as ordained in the Constitution.”

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The committee, however, said the EC had the power to control Lok Sabha and Assembly elections and Article 327 gave Parliament the power to make provisions for the same.

“None of these principles are in any manner affected [much less infringed] by creating the rule of a full term and an unexpired term for the constitution of both the House of the People and the State Legislative Assemblies,” the report said.

Damini Nath is an Assistant Editor with the national bureau of The Indian Express. She covers the housing and urban affairs and Election Commission beats. She has 11 years of experience as a reporter and sub-editor. Before joining The Indian Express in 2022, she was a reporter with The Hindu’s national bureau covering culture, social justice, housing and urban affairs and the Election Commission. Expertise Key Coverage Areas: Damini Nath currently specializes in reporting on two crucial beats: Housing and Urban Affairs: Providing in-depth analysis and reporting on India's urban development, policy, and housing issues. Election Commission (EC): Offering authoritative coverage of electoral processes, policies, and the functioning of India's constitutional body responsible for conducting elections. Professional Background: Her extensive experience includes roles as a reporter and sub-editor, demonstrating a comprehensive understanding of the journalistic process from fieldwork to final production. Previous Role: Before joining The Indian Express in 2022, she served as a dedicated reporter with The Hindu’s national bureau, where her reporting portfolio included: Culture Social Justice Housing and Urban Affairs The Election Commission beat (a consistent area of focus). Trustworthiness Damini Nath's decade-plus career at two of India's most respected and authoritative news institutions, The Indian Express and The Hindu, underscores her commitment to factual, impartial, and high-quality reporting, establishing her as a trusted and credible source for news on urban governance and electoral matters. ... Read More

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