Former CJI BR Gavai, IMF’s Gita Gopinath, Kapil Sibal, and top institutions will appear before the Joint Parliamentary Committee on the One Nation One Election Bill. Key constitutional concerns, including fears of “indirect” President’s Rule, are expected to dominate discussions.
Former Chief Justice of India BR Gavai, IMF First Deputy Managing Director Gita Gopinath, senior advocate and MP Kapil Sibal, along with officials from the Law Commission and the Election Commission, are scheduled to appear before the Joint Parliamentary Committee (JPC) that is examining the ‘One Nation One Election’ (ONOE) Bill.
Their appearances are planned between December 4 and December 17 as part of the panel’s ongoing review of the major electoral reform proposal.
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According to the schedule, Justice BR Gavai will appear before the JPC on December 17. The committee, headed by BJP MP PP Chaudhary, is currently reviewing the Constitution (129th Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024.
These Bills collectively aim to introduce simultaneous elections across the country. On the same day, the committee has also summoned IMF First Deputy Managing Director Gita Gopinath and Sanjeev Sanyal, a member of the Prime Minister’s Economic Advisory Council.
Before Justice Gavai, several former Chief Justices of India — Sanjiv Khanna, DY Chandrachud, UU Lalit and JS Khehar — have already appeared before the committee to share their views.
The panel will start its next round of consultations on December 4, when representatives from the Law Commission will attend. Delhi High Court advocate J Sai Deepak has also been called on the same day to give his inputs.
On December 10, senior lawyer and Rajya Sabha MP Kapil Sibal, along with representatives of the Election Commission, will appear to present their comments and concerns.
The JPC is a 39-member, multi-party panel that began its work on January 8 this year. The ONOE Bills were first introduced in the Lok Sabha on December 17 last year and were later referred to the JPC for a detailed study.
The Lok Sabha recently extended the tenure of the panel until the last week of the Winter Session, although the committee is expected to seek more time to complete its work.
During earlier deliberations, some jurists and former judges raised concerns about a key provision in the Bill that allows the Election Commission to decide on postponing Assembly elections.
Many experts argued that giving such broad power to the EC could violate the basic structure of the Constitution and the principle of equality under Article 14.
Former CJI Justice Sanjiv Khanna, while speaking before the panel, reportedly warned that allowing the EC to defer elections could lead to “indirect” President’s Rule, adding that this would mean “in other words” the taking over of the reins of the state government by the union government.
Justice Khanna pointed out that such a situation “will be questionable judicially, as violating” the federal structure of India.
Former Chief Justices UU Lalit, DY Chandrachud and JS Khehar also expressed similar concerns.
They highlighted that the current draft of the Constitution (129th Amendment) Bill, 2024 gives the Election Commission the unilateral authority to recommend to the President that an Assembly election should not be conducted along with the rest of the simultaneous polls — a provision that they believe could be misused and may not stand judicial scrutiny.
The JPC will continue examining these constitutional and legal issues as it prepares its final report on the feasibility and implications of implementing One Nation One Election across India.
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