ONOE Bill upholds federal structure: Former law panel chief to House panel

Deposing before the panel as an expert, the former Karnataka High Court chief justice said that the Constitution (129th Amendment) Bill had all the ingredients to hold simultaneous polls in the nation

Former Law Commission chairperson Justice (Retd.) Ritu Raj Awasthi on Tuesday is learnt to have told the joint committee of Parliament examining the 'one nation, one election' (ONOE) Bill that the proposed measure does not violate the basic structure doctrine on federalism and is not against the democratic principles of the Constitution. 

Justice Awasthi, who is now a member of anti-corruption watchdog Lokpal, is also learnt to have told the committee members that the bill, which lays down the legal framework to hold simultaneous polls to the Lok Sabha and state assemblies, does not violate the right to vote for eligible citizens.

Deposing before the panel as an expert, the former Karnataka High Court chief justice said that the Constitution (129th Amendment) Bill had all the ingredients to hold simultaneous polls in the country.

The law panel under his chairpersonship had prepared a draft report on simultaneous elections.

He is learnt to have told the committee that the bill, according to him, does not violate constitutionality.

Justice Awasthi asserted that the bill does not violate the basic structure doctrine of federalism and parliamentary form of government.

Responding to questions from the members, the former high court chief justice, sources said, also rejected speculations that the proposed amendment to the Constitution would violate the right to vote of eligible citizens.

Separately, in a written submission, the legislative department of the Union Law Ministry has told the joint committee of Parliament that holding simultaneous polls to the Lok Sabha and state assemblies is not undemocratic and does not hurt the federal structure.

Responding to a set of queries posed by the members of the joint panel, the legislative department in the Union Law Ministry is learnt to have asserted that simultaneous elections to the Lok Sabha and state legislative assemblies were held in the past before the cycle was broken due to various reasons, including imposition of the president's rule in some states.

Sources said while the ministry answered some of the questions, some others were sent to the Election Commission for a calibrated response.

Following the adoption of the Constitution, the elections to the Lok Sabha and all state assemblies were conducted simultaneously from 1951 to 1967, it noted.

The first general elections to the Lok Sabha and state assemblies were held together in 1951-52, a practice that continued for three subsequent general elections in 1957, 1962 and 1967.

However, this cycle of synchronised elections was disrupted in 1968 and 1969 due to the premature dissolution of some state legislative assemblies.

The fourth Lok Sabha was also dissolved prematurely in 1970, with fresh elections held in 1971. Unlike the first, second and third Lok Sabha, which completed their full five-year terms, the fifth Lok Sabha's term was extended until 1977 under Article 352 because of the declaration of Emergency.

Since then, only a few Lok Sabha terms have lasted the full five years such as the eighth, 10th, 14th and 15th. Others, including the sixth, seventh, ninth, 11th, 12th and 13th, were dissolved early, a government explainer on 'one nation, one election' had earlier said.