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'ONOE is Unconstitutional, Violative of Democratic Principles': Justice A.P. Shah Tells JPC

Shah told the JPC that assembly elections should be held for a full five-year term.
Illustration: Pariplab Chakraborty
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New Delhi: Former Delhi High Court Chief Justice A.P. Shah has said in his submission to a joint parliamentary committee (JPC) that the proposed ‘One Nation One Election Bill’ is unconstitutional, violative of democratic principles and the federal structure, according to sources.

Shah submitted a 12-page report on the subject while deposing before the JPC on Monday (March 17), reported The New Indian Express.

Justice Shah, who is a former chairman of the law commission, raised several issues about the bill, including the power given to the Election Commission to recommend postponing state assembly polls.

Shah told the JPC that assembly elections should be held for a full five-year term and was of the opinion that he did not support the view that the simultaneous polls would lead to the saving of large amounts of public money.

On being asked about the alternative to the proposals of the bills, Shah told the JPC members Shah said he would be sharing his views with the committee later.

Senior advocate Harish Salve, who also appeared before the panel spoke in support of the bill, arguing that the proposed law meets the constitutional requirements.

Bills were introduced in December last year

Amid stiff pushback from opposition parties, citing an assault on federalism and the basic structure doctrine, the two bills paving the way for “One Nation, One Election” were introduced in the Lok Sabha in December last year.

The two bills – the Constitution (One Hundred and Twenty-Ninth Amendment) Bill 2024 and the Union Territories Laws (Amendment Bill) 2024 – were introduced by union minister for law and justice (independent charge) Arjun Ram Meghwal after a division of votes was called opposing the introduction of the legislations itself. The bills were then introduced after 269 MPs voted in favour of their introduction and 198 voted against.

The bills were subsequently referred to a JPC.

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