Former CJI Gavai tells JPC that simultaneous polls do not violate basic structure of the Constitution

Simultaneous elections bash not interruption the basal operation of the Constitution oregon its national framework, erstwhile Chief Justice of India B.R. Gavai told Parliament’s Joint Committee reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which aims to synchronise elections for the Lok Sabha and State Assemblies.

At the panel’s gathering connected Thursday (February 12, 2026), Justice Gavai said the authorities brings “only a alteration successful the mode of elections once”, which does not breach the doctrine. The operation of elections and elector rights stay the same, helium noted, and truthful the amendment would beryllium constitutional. He further explained that it is good wrong Parliamentary competence to bring successful specified a law.

Since instruments specified arsenic the “no-confidence motion” stay intact, Justice Gavai said, determination is nary interaction connected the accountability of the Union oregon State governments.

Divided opinions

So far, six erstwhile CJIs person spoken to the panel. Two of them — Justices U.U. Lalit and Sanjiv Khanna — have argued that the Bill runs afoul of the basal operation of the Indian Constitution arsenic protected by the Kesavananda Bharati judgment. Justice Lalit had said that the authorities successful its contiguous signifier volition not withstand a ineligible situation successful the Supreme Court, portion Justice Khanna said that it is unfastened to question arsenic “violating and offending the basal operation of the Constitution”.

However, 4 of the different erstwhile CJIs — Justices Ranjan Gogoi, D.Y. Chandrachud, J.S. Khehar, and now, Justice Gavai — told the sheet that the Bill does not interruption the basal operation of the Constitution.

All the erstwhile CJIs, however, person antecedently questioned the unrestricted powerfulness granted to the Election Commission successful deciding the docket of elections, particularly for State Assemblies.

Common electoral roll

The Parliamentary Joint Committee, headed by BJP MP P.P. Chaudhary, is reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, introduced successful the Lok Sabha connected December 17, 2024. The Bill seeks to empower the Election Commission to conduct simultaneous elections for the Lok Sabha and each State Assemblies.

The panel’s deliberations are acold from over, but giving an denotation of his view, Chairman Chaudhary said the Bill should beryllium implemented “at the earliest successful nationalist interest”. He argued that synchronised elections would prevention the state some clip and money.

Mr. Chaudhary besides told reporters that successful Thursday’s (February 12, 2026) meeting, respective members suggested creating a communal electoral rotation for panchayat/municipal, Assembly, and nationalist elections. “Making abstracted electoral rolls for each of these elections is simply a tedious task that usually falls connected authorities teachers and thereby indirectly impacts the students from mediocre families who be these schools,” helium said.