New Delhi: Former Chief Justice of India (CJI) U.U. Lalit on Tuesday said decreasing tenures of state assemblies to align elections was “unconstitutional” and that ‘one nation, one election’ or ONOE may not withstand judicial scrutiny due to certain loopholes in the scheme.

Lalit made the remarks before the joint parliamentary committee (JPC) on Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024,

While calling ONOE a good idea, he suggested that simultaneous polls should be rolled out in a phased manner and not in one go, the Tribune reported. He cautioned that if state assemblies are resolved before their tenures expire, then the poll scheme could be vulnerable to legal challenges.

He also suggested changes in clause 2 of the Constitution (129th Amendment) Bill, 2024, which introduces Article 82A. The article states: “The President may, by a public notification issued on the date of the first sitting of the House of the People after a General Election, bring into force the provisions of this article, and that date of the notification shall be called the appointed date.”

The former CJI suggested replacing “president may” with “president shall” to ensure certainty of action, the Tribune report said.

Others at the JPC meeting included former chairperson of the Law Commission of India Ritu Raj Awasthi, Wayanad MP Priyanka Gandhi, IAS officer Niten Chandra and senior advocate E.M. Sudarsana Natchiappan.

Awasthi told the 39-member committee that ONOE was not in violation of the basic structure doctrine on federalism and did not go against the democratic principles of the Constitution.

Gandhi meanwhile raised questions about the expenses that would be incurred in the implementation of the poll scheme. The Union law ministry officials said that she would be provided details. According to the Tribune, Gandhi criticised ONOE for infringing on the federal structure of governance and argued that it would weaken democracy by altering legislative tenures

Chandra, former secretary of the high-level Ram Nath Kovind committee on ONOE, and Natchiappan, who previously chaired a committee that endorsed the poll scheme, also spoke at the meeting.

“All members appreciated the concept, and their concerns were addressed. I thank them for their positive attitude,” Bharatiya Janata Party MP P.P. Chaudhary, who is heading the JPC, said.

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