13 Feb 2026·Source: The Hindu

5 min

Polity & GovernanceNEWS

Justice Gavai: Simultaneous Elections Don't Violate Basic Structure of Constitution

Justice Gavai says simultaneous elections don't violate the Constitution's basic structure.

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Former Chief Justice of India B.R. Gavai told Parliament's Joint Committee reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, that simultaneous elections do not violate the Basic Structure of the Constitution or its federal framework. Justice Gavai stated that the legislation brings only a change in the manner of elections once, which does not breach the doctrine.

He noted that the structure of elections and voter rights remain the same, making the amendment constitutional. He added that the accountability of the Union or State governments is not impacted since instruments such as the no-confidence motion remain intact. So far, six former CJIs have spoken to the panel, with Justices U.U.

Lalit and Sanjiv Khanna raising questions about the Bill in relation to the Basic Structure. Justices Ranjan Gogoi, D.Y. Chandrachud, J.S.

Khehar, and now Justice Gavai, have stated that the Bill does not violate the Basic Structure.

Key Facts

Former Chief Justice of India B.R. Gavai told Parliament's Joint Committee that simultaneous elections do not violate the Basic Structure of the Constitution.

The Joint Committee is reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which aims to synchronize elections for the Lok Sabha and Assemblies.

Justice Gavai stated that the legislation brings only a change in the manner of elections once, which does not breach the doctrine.

Six former CJIs have spoken to the panel, with differing opinions on the Bill's impact on the Basic Structure.

UPSC Exam Angles

GS Paper II: Polity and Governance - Constitutional amendments, electoral reforms

Connects to syllabus areas on electoral processes, constitutional bodies, and federalism

Potential question types: Statement-based, analytical, critical evaluation

More Information

Background

The concept of simultaneous elections in India has historical roots. Until 1967, elections to the Lok Sabha and State Legislative Assemblies were largely held simultaneously. This practice ensured reduced election expenditure and minimized disruption to normal governance. However, the dissolution of several state assemblies and the Lok Sabha at different times led to the disruption of this cycle. The idea of holding simultaneous elections has resurfaced periodically, with various committees and commissions examining its feasibility and desirability. The Election Commission of India (ECI) has been involved in discussions and preparations for simultaneous elections. The concept requires significant amendments to the Constitution of India and related electoral laws. Key constitutional articles that come into play include those related to the terms of the Lok Sabha and State Legislative Assemblies, as well as provisions for the imposition of President's Rule. Any move towards simultaneous elections necessitates a broad consensus among political parties, given the potential impact on the federal structure and the balance of power between the Union and the States. The legal framework governing elections in India is primarily based on the Representation of the People Act, 1951, and the Constitution. The Act lays down the procedures for conducting elections, including the preparation of electoral rolls, the nomination of candidates, and the counting of votes. The Constitution empowers the ECI to superintend, direct, and control the conduct of elections to Parliament and State Legislatures. Amendments to these laws would be necessary to implement simultaneous elections, addressing issues such as the synchronization of terms and the handling of premature dissolutions.

Latest Developments

The debate around simultaneous elections has gained momentum in recent years. The Union government has been actively exploring the possibility of implementing this reform, citing potential cost savings and improved governance. Various committees have been formed to study the logistical and constitutional aspects of holding simultaneous elections. The Law Commission of India has also examined the issue and submitted its recommendations. Different political parties hold varying views on simultaneous elections. While some parties support the idea, others have expressed concerns about its impact on regional parties and the federal structure. Concerns have also been raised about the potential for national issues to overshadow local concerns in simultaneous elections. The debate also involves discussions on the feasibility of amending the Constitution to accommodate this change. Looking ahead, the implementation of simultaneous elections would require significant logistical preparations, including the procurement of additional electronic voting machines (EVMs) and voter-verifiable paper audit trails (VVPATs). It would also necessitate amendments to the Constitution and electoral laws, as well as a broad consensus among political parties. The success of this reform would depend on addressing the concerns of all stakeholders and ensuring that the process is fair and transparent.

Frequently Asked Questions

1. What is the core argument made by Justice Gavai regarding simultaneous elections and the Basic Structure doctrine?

Justice Gavai argued that simultaneous elections do not violate the Basic Structure of the Constitution. He stated that it only changes the manner of elections once and does not breach the doctrine, as the structure of elections and voter rights remain the same.

2. For UPSC Prelims, what is the key takeaway regarding the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024?

The key takeaway is that the Bill aims to synchronize elections for the Lok Sabha and State Assemblies. It is being reviewed by a Joint Committee of Parliament to assess its constitutional validity, particularly concerning the Basic Structure doctrine.

Exam Tip

Remember the purpose of the Bill: synchronization of elections.

3. What are the potential benefits and drawbacks of simultaneous elections in the Indian context?

Simultaneous elections could reduce election expenditure and minimize disruption to normal governance. However, concerns exist regarding the impact on regional parties and potential for national issues to overshadow local concerns.

•Reduced expenditure
•Minimized disruption
•Potential impact on regional parties
•Overshadowing of local concerns

4. Why is the Basic Structure doctrine relevant in the context of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024?

The Basic Structure doctrine is relevant because it determines whether a constitutional amendment alters the fundamental features of the Constitution. The Joint Committee is assessing if the Bill violates this doctrine by changing the electoral process.

5. What is the historical background of simultaneous elections in India?

Until 1967, elections to the Lok Sabha and State Legislative Assemblies were largely held simultaneously. This practice ensured reduced election expenditure and minimized disruption to normal governance. The cycle was disrupted due to the dissolution of assemblies and the Lok Sabha at different times.

6. What are the recent developments regarding the discussion on simultaneous elections?

The Union government has been actively exploring the possibility of implementing simultaneous elections, citing potential cost savings and improved governance. Various committees have been formed to study the logistical and constitutional aspects.

7. How might simultaneous elections impact the accountability of the Union and State governments?

Justice Gavai noted that the accountability of the Union or State governments is not impacted since instruments such as the no-confidence motion remain intact. This ensures that governments can still be held accountable during their term.

8. Besides Justice Gavai, which other former CJIs have been involved in the review of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024?

Justices U.U. Lalit and Sanjiv Khanna have also spoken to the panel, raising questions about the Bill in relation to the Basic Structure.

Exam Tip

Remember the names of the key personalities involved: B.R. Gavai, U.U. Lalit, Sanjiv Khanna.

9. What is the role of the Joint Committee of Parliament in the context of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024?

The Joint Committee is reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, to assess its constitutional validity and impact, particularly concerning the Basic Structure doctrine and the federal framework.

10. What are the key arguments against simultaneous elections?

Arguments against simultaneous elections often focus on the potential for national issues to overshadow local concerns, disadvantaging regional parties, and the logistical challenges of implementation.

Practice Questions (MCQs)

1. Consider the following statements regarding simultaneous elections in India: 1. Until 1967, elections to the Lok Sabha and State Legislative Assemblies were largely held simultaneously. 2. Justice Gavai stated that simultaneous elections do not violate the Basic Structure of the Constitution. 3. The Representation of the People Act, 1951, would require amendments to implement simultaneous elections. Which of the statements given above is/are correct?

A.1 and 2 only
B.2 and 3 only
C.1 and 3 only
D.1, 2 and 3

Show Answer

Answer: D

All three statements are correct. Statement 1 is historically accurate. Statement 2 is based on Justice Gavai's statement to the parliamentary committee. Statement 3 is correct because the Representation of the People Act, 1951, governs the conduct of elections and would need to be amended to synchronize election schedules and address related logistical and legal issues.

2. Which of the following statements accurately reflects the views of former Chief Justices of India regarding the constitutionality of simultaneous elections, as mentioned in the news?

A.All former CJIs who spoke to the panel agreed that simultaneous elections violate the Basic Structure.
B.A majority of former CJIs, including Justices U.U. Lalit and Sanjiv Khanna, believe simultaneous elections are unconstitutional.
C.Justices Ranjan Gogoi, D.Y. Chandrachud, J.S. Khehar, and B.R. Gavai have stated that the Bill does not violate the Basic Structure.
D.Only Justice Gavai has expressed the view that simultaneous elections are constitutional.

Show Answer

Answer: C

Option C is correct. Justices Ranjan Gogoi, D.Y. Chandrachud, J.S. Khehar, and now Justice Gavai, have stated that the Bill does not violate the Basic Structure. Justices U.U. Lalit and Sanjiv Khanna raised questions about the Bill in relation to the Basic Structure.

3. Which of the following is NOT a potential benefit of simultaneous elections in India?

A.Reduced election expenditure
B.Minimized disruption to normal governance
C.Increased accountability of the Union and State governments
D.Ensuring structure of elections and voter rights remain the same

Show Answer

Answer: C

Option C is the correct answer because while simultaneous elections may streamline the electoral process, they do not inherently increase the accountability of the Union and State governments. The accountability of the Union or State governments is not impacted since instruments such as the no-confidence motion remain intact. The other options are potential benefits.