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Ex-CJIs Uphold Simultaneous Polls Bill’s Constitutionality While Urging Limits on ECI Powers

Former chief justices told the JPC that the bill needs sharper drafting with defined parliamentary checks on the Election Commission

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Overview

  • Former chief justices J S Khehar and D Y Chandrachud affirmed that synchronising Lok Sabha and state polls does not violate the Constitution’s basic structure
  • Both jurists cautioned that the bill currently grants the Election Commission broad discretion to postpone elections without clear guidelines or parliamentary oversight
  • They pinpointed multiple vaguely worded clauses that could invite legal challenges and urged Parliament to refine the amendment’s language
  • Chandrachud recommended limiting poll delays to national security or public order situations and requiring both Houses of Parliament to ratify any postponement
  • The judges flagged gaps around Emergency extensions and premature assembly dissolutions, calling for explicit rules to preserve term synchronisation