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Simultaneous elections bill unlikely to stand up in court, former CJI informs Parliamentary panel

 Simultaneous elections bill unlikely to stand up in court, former CJI informs Parliamentary panel




Former Chief Justice Warns Parliamentary Panel About Legal Vulnerabilities in Simultaneous Elections Proposal



The government's ambitious plan to implement nationwide simultaneous elections faces significant legal hurdles, according to former Chief Justice of India Ranjan Gogoi. In a closed-door meeting with the high-level parliamentary committee examining the "One Nation, One Election" proposal, Justice Gogoi reportedly expressed serious doubts about the constitutional viability of the current draft legislation.  


Sources familiar with the discussions reveal that the former CJI cautioned committee members about several critical challenges that could derail the initiative. He particularly emphasized concerns about preserving India's federal structure, noting that the Constitution grants states autonomy over their election schedules. The proposal would require substantial amendments to accommodate scenarios like premature dissolution of state assemblies through no-confidence motions, which currently follow separate timelines from national elections.  


The committee, chaired by former President Ram Nath Kovind, has been soliciting expert opinions on the feasibility of synchronizing Lok Sabha and state assembly polls. Justice Gogoi's assessment carries particular weight given his recent tenure heading the judiciary. While not outright rejecting the concept, his analysis suggests the current framework may not survive judicial scrutiny if implemented without significant revisions.  


Political reactions to these developments have been sharply divided. Opposition leaders have seized on the former CJI's reservations as validation of their criticisms. Congress spokesperson Manish Tewari remarked, "This expert opinion confirms what we've been saying - the government is prioritizing political convenience over constitutional propriety." BJP representatives, however, maintain that technical challenges are to be expected with any major electoral reform. Party spokesperson Gopal Krishna Agarwal responded, "We remain committed to finding constitutionally sound solutions that will strengthen India's democratic processes."  


The parliamentary committee continues its deliberations and is expected to submit its final recommendations by year-end. Legal analysts suggest that even if legislation is passed, it would likely face immediate challenges in the Supreme Court, potentially delaying implementation beyond the 2024 general elections. The development underscores the complex constitutional balancing act required to reconcile the government's reform agenda with India's federal democratic structure.

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