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Former Chief Justice of India Sanjiv Khanna appeared before the Joint Parliamentary Committee examining the One Nation One Election (ONOE) Bill to share his views
Justice Khanna stated that the Bill does not directly undermine or alter the basic structure of the Constitution. At the same time, he stressed the need for strong safeguards to prevent potential misuse of powers. File pic/PTI
The Joint Parliamentary Committee examining the One Nation, One Election (ONOE) Bill met again on Tuesday, with several MPs in attendance. This time, former Chief Justice of India Sanjiv Khanna appeared before the panel to share his views on the constitutional aspects of the proposal.
Justice Khanna stated that the bill does not directly undermine or alter the basic structure of the Constitution. On the contentious clause 82A(5), which empowers the Election Commission of India (ECI) to defer assembly elections, he argued that since the ECI is already mandated to conduct free and fair polls and has the most accurate understanding of ground realities, it is appropriate to vest such authority with the commission. At the same time, he stressed the need for strong safeguards to prevent potential misuse of these powers.
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He also pointed out that while the bill seeks to reduce the frequency of elections, its objective may not always be achieved—particularly in cases of premature dissolution of legislatures. Still, he expressed confidence in India’s democratic maturity, noting that the country has not seen midterm polls in decades, a sign of growing political stability and institutional resilience.
On the issue of notifying election dates, Justice Khanna suggested replacing the current system of presidential notifications proposed in the bill with a fixed date mechanism written into the legislation itself. Justice DY Chandrachud, in an earlier deposition, had raised the same concern. In his written submission, Chandrachud also warned against vesting excessive powers in the ECI—a view echoed by Justice JS Khehar. Both stressed that unchecked powers could upset the institutional balance unless backed by stronger safeguards.
Similar cautionary notes had been sounded earlier by other former CJIs, including Justice UU Lalit and Justice Ranjan Gogoi.
The panel includes MPs from across parties: Supriya Sule (NCP), Mukul Wasnik, Randeep Surjewala, and Priyanka Gandhi Vadra (Congress), Anil Desai (Shiv Sena-UBT), and Kalyan Banerjee (TMC). On the NDA’s side are Anurag Thakur, Sambit Patra, Bhartruhari Mahtab, Baijayant Panda, Anil Baluni (BJP), Shrikant Shinde (Shiv Sena), and Ganti Harish Madhur Balayogi (TDP), among others.
Constituted in the last winter session after the Centre agreed to subject the ONOE Bill to greater scrutiny, the JPC has 39 members following its expansion. Legal experts such as Manish Tewari, P Wilson, and Kalyan Banerjee are also part of the panel, and their inputs are expected to shape the final report.
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