Simultaneous Elections Bill, 2024

On 11th July 2025, former CJIs D.Y. Chandrachud and J.S. Khehar, while affirming the constitutionality of the Simultaneous Elections Bills, expressed concern before the JPC over the unchecked powers granted to the Election Commission of India.

Simultaneous Elections: Legal Validity vs. Institutional Accountability

Background: Simultaneous Elections and Legislative Proposals

• Concept: Holding Lok Sabha and State Assembly elections together.
• Bills Under Review:
  • Constitution (129th Amendment) Bill, 2024 – seeks to amend key provisions to facilitate simultaneous elections.
  • Union Territories Laws (Amendment) Bill, 2024 – aligns UTs with the simultaneous poll framework.

One Nation, One Election & Constitution (129th Amendment) Bill, 2024

Key Provisions of the Constitution (129th Amendment) Bill, 2024

• Article 82A: Synchronization of Elections
  • Clause (1): President to notify the “appointed date” – first sitting of Lok Sabha after general election.
  • Clause (2): All State Assemblies elected after this date will terminate with the term of Lok Sabha.
  • Clause (3): Mandates simultaneous elections to Lok Sabha and all State Assemblies.
  • Clause (4): Defines "simultaneous elections" as elections for both the House of the People and State Assemblies together.
  • Clause (5): Allows Election Commission of India (ECI) to exempt any Assembly election from being held simultaneously, advising the President accordingly.
  • Clause (6): Assemblies elected later will also end with the term of Lok Sabha.
• Amendments to Article 83 & Article 172
  • If Lok Sabha or State Assembly is dissolved before completing 5 years:
    • The new body will be constituted only for the unexpired term.
    • Ensures synchronization is maintained without granting a fresh 5-year mandate.
• Amendment to Article 327
  • Expands Parliament’s powers to legislate on “conduct of simultaneous elections” post-delimitation.
  • Excludes local bodies and municipalities from simultaneous election framework.

Union Territories Laws Amendment Bill, 2024

• Amends:
  • Section 5 of Government of Union Territories Act, 1962
  • Section 5 of NCT of Delhi Act, 1991
  • Section 17 of Jammu and Kashmir Reorganisation Act, 2019

Key Stakeholders and the Parliamentary Review

• Joint Parliamentary Committee (JPC): Headed by BJP MP P. Chaudhury, reviewing the implications of the two Bills.
• Expert Testimony: Former CJIs Y. Chandrachud and J.S. Khehar addressed the Committee.

Judicial Observations by Former CJIs

• On Constitutionality:
  • Both Justices rejected the claim that the Bills violate the Basic Structure Doctrine.
  • Emphasized that the amendments are within Parliament’s legislative competence.
• On Oversight Mechanisms:
  • The Bills grant sweeping powers to the Election Commission.
  • Lack of legislative or judicial oversight raised serious institutional concerns.
  • Suggested incorporating statutory checks and balances to prevent misuse of powers.
• Recommendations:
  • Extensive revision of the Bills needed.
  • ECI’s powers must be subject to well-defined legal boundaries and review mechanisms.

Institutional and Constitutional Concerns

• Independence vs. Accountability: While the ECI must function independently, unchecked powers may lead to erosion of federal principles.
• Lack of Clarity: The Bill does not define contingencies like premature dissolution of assemblies, or the process to restore synchronisation.

Political and Administrative Implications

• Operational Challenges:Security deployment, logistics, and voter engagement may be stressed under simultaneous elections.
• Federal Disruptions: States’ autonomy in deciding dissolution or formation of government could be compromised.

Way Forward:

• Institutional Safeguards: Introduce a statutory mechanism for judicial and parliamentary review of major decisions by the ECI.
• Consultative Federalism: Involve State Governments through the Inter-State Council or NITI Aayog to align consensus on electoral timing.
• Contingency Provisions: Frame legal mechanisms for mid-term dissolutions, ensuring synchronisation does not violate democratic mandates.
• Phase-Wise Implementation: Consider phased alignment over multiple cycles rather than enforcing uniformity in a single step.
• Comprehensive Legislation: Replace piecemeal Bills with a holistic electoral reform law, incorporating views from all stakeholders including judiciary, states, EC, and civil society.