Simultaneous polls do not violate Constitution’s Basic Structure: Justice Gavai

Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024,

Parliament’s Joint Committee is reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which proposes synchronising elections for Lok Sabha and State Legislative Assemblies.
The Bill was introduced in Lok Sabha on December 17, 2024.
The key issue is whether synchronising elections alters the federal balance, affects democratic accountability and violates the Basic Structure doctrine.

Simultaneous Elections & Basic Structure Debate

Former Chief Justice of India B.R. Gavai has told Parliament’s Joint Committee that holding simultaneous elections does not violate the Basic Structure of the Constitution or federalism.
Justice Gavai stated that the Bill brings only a one-time change in the manner of conducting elections. It does not alter voter rights or the structure of elections.
Also, the parliament has the legislative competence to enact such a law.
Instruments like the no-confidence motion remain intact, so dmocratic accountability of governments is not affected.

Divided Opinions Among Former CJIs

So far, six former Chief Justices have appeared before the panel.
Justice U.U. Lalit said the Bill may not survive judicial scrutiny.
Justice Sanjiv Khanna said it is open to challenge as potentially violating the Basic Structure.
Justice Ranjan Gogoi, Justice D.Y. Chandrachud, Justice J.S. Khehar and Justice B.R. Gavai have supported its constitutionality.
They stated the amendment does not damage the Constitution’s core principles.