Ex-CJI Lalit tells parliamentary panel ONOE good idea, advises against holding it in one go: Sources

NEW DELHI, Feb 25: Former Chief Justice of India U U Lalit suggested on Tuesday that simultaneous Lok Sabha and assembly polls should be rolled out in not one go but in a phased manner as he shared his views with the Joint Committee of Parliament studying the two bills for ‘one nation one election’ (ONOE), sources said.
They added that Lalit in his remarks said the concept of simultaneous Lok Sabha and assembly elections was a good idea but noted that the law, as envisaged by the bills, could be challenged in the apex court, and proposed some changes.
Former Law Commission of India Ritu Raj Awasthi told the 39-member committee headed by BJP MP PP Chaudhary that the proposed law does not violate the basic structure doctrine on federalism
It also noted that the ONOE is not against the democratic principles of the Constitution.
Justice Awasthi, who is now the judicial member of anti-corruption ombudsman Lok Pal, said the Constitution (129th Amendment) Bill had all the ingredients to hold simultaneous polls in the country.
Opposition members criticised the concept, with Congress MP Priyanka Gandhi Vadra claiming ‘one nation one election’ will weaken democracy by tinkering with tenure of legislatures and will impinge on people’s rights, the sources said.
A BJP ally wondered if a gap of five years between two elections will weaken elected representatives’ accountability to people, they added.
An opposition questioned the neutrality of the Election Commission, which is constitutionally tasked with the conduct of elections.
Some members of both the ruling BJP as well as opposition parties, which have slammed the idea of ‘one nation one election’ (ONOE) as unconstitutional, interpreted the overall thrust of Lalit’s lengthy remarks as favouring their respective stand more.
However, a senior parliamentarian said the former CJI laid out the constitutional philosophy guiding India’s democratic spirit and holding of polls and its evolution through several judgements of the apex court since Independence to reflect dispassionately on the concept.
As an expert, Lalit dwelt on the both sides of the argument and at times offered his views, the MP said, noting that the he advised against implementing simultaneous Lok Sabha and assembly elections in one go.
While the jurist said that dissolution of several state assemblies before their term, in several cases when more than half of their tenure should remain, can be legally challenged
The ex- CJI also noted that once the law comes into force favouring it, then political parties as well as voters will know the period for which the new House will be elected.
Lalit, sources said, also appeared to agree with the view that simultaneous elections will lead to the saving of resources.
By ruling out the frequent enforcement of the Model Code of Conduct, deployment of security forces and rescheduling exams.
He was also asked questioned by the committee’s members, leaving them with little time to hear the views of two other persons – IAS officer Niten Chandra, who was secretary of the high-level Kovind committee,
It also included EM Sudarsana Natchiappan, a senior advocate and former Congress MP who had headed in 2015 a parliamentary committee that favoured simultaneous polls.
They are now expected to share their opinion later.
The parliamentary committee had so far held two meetings, excluding Tuesday’s, in which it prepared broad details of its agenda and the list of stakeholders and experts to be consulted is given.
Opposition members again insisted on Tuesday that they should be given a verbatim minutes of the previous meetings in advance. (PTI)