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Though Singhvi initially advocated for the legislation, he said he now feels it will kill the basic structure of the Constitution and also harm the federal structure of the country
The Supreme Court advocate said what could work was if the number of phases of elections and the duration in which the election takes place could be reduced. (PTI)
In a day-long meeting of the Joint Parliamentary Committee (JPC) formed to discuss the One Nation, One Election Bill, senior advocate and Congress Rajya Sabha MP Dr Abhishek Manu Singhvi deposed before the panel on Tuesday.
Though Singhvi had initially advocated for the legislation, he said he now feels it will kill the basic structure of the Constitution and also harm the federal structure of the country.
The major argument made by Singhvi was the significant curtailment of state assembly terms that will result in weakening the federal structure, which is at the base of the Indian Constitution. “ONOE causes the subordination of electoral cycle,” Singhvi is said to have argued in the meeting.
The curtailment of the term of Parliament in case of early dissolution and re-election for the remainder term under the proposed amendment is also a violation of the will of the people, which is part of the basic structure of the Constitution, sources say he argued.
The Rajya Sabha MP also argued that while the Constitution does not prescribe any term for any assembly, it mandates that the Lok Sabha elections be held after a period of five years.
Among the suggestions that Singhvi gave to address the concerns expressed by the Union government in their presentation of the Bill and the argument that such a law would benefit the country, the Supreme Court advocate said what could work was if the number of phases of elections and the duration in which the election takes place could be reduced. “This will reduce the model code of conduct period and governance would not suffer.”
He also said another potential solution is clustering of state elections which are close enough (within a few months), arguing a mechanism for this already exists.
Earlier in the day, three other members also deposed before the panel—Former justice of the Supreme Court of India, Hemant Gupta, Retired Chief Justice of the Jammu and Kashmir High Court, SN Jha, and former Law Commission chairman justice BS Chauhan.
Justice Gupta pointed to concerns of powers given to ECI in the Bill, saying a similar provision existed in the Representation of People Act. Moreover, the clause as it is says ECI to only initiate and, in the end, it would be the President who will act on the recommendation made by ECI.
Justice SN Jha acknowledged that the Bill as it stands is legally sound and there is nothing constitutionally invalid. On the curtailment of state assemblies for simultaneous election, he said the Constitution already provides for early dissolution of the House by using the words “until sooner dissolved” while prescribing the five-year tenure of the Lok Sabha and state assemblies.
On the threat to federalism, he observed that India’s federalism is very different from other countries and it affords broad powers to the Union with respect to states. In this sense, he said the Bill or the intention of ONOE does not violate the federal structure.
Justice Chauhan argued in favour of the legislation, saying it will help in cracking down on black money and focus on governance. About the reservation that was expressed by the members on mid-term polls etc, he argued in favour of India adopting the German model whereby a positive and constructive confidence motion is taken into account and it results in stability of the government.
The JPC is scheduled to travel to multiple states next month, including the financial capital of the country, Mumbai, where they are expected to meet several witnesses, including celebrities from the film and entertainment world.
