What Happened
- On February 12, 2026, former Chief Justice of India B.R. Gavai appeared before the Joint Parliamentary Committee (JPC) examining the One Nation One Election (ONOE) Constitutional Amendment Bill.
- He stated that the proposed legislation does not violate the basic structure of the Constitution, arguing that neither federalism nor the democratic form of governance would be altered.
- Gavai noted that the Bill only changes the manner of conducting elections by synchronizing them at one point, and that instruments of accountability such as the no-confidence motion remain intact.
- He cited the historical precedent that India successfully conducted simultaneous elections from 1952 until 1967.
- The JPC Chairman also stated that the Bill does not violate democracy or the federal structure, indicating the committee is moving towards endorsing the constitutional validity of the proposal.
Static Topic Bridges
Basic Structure Doctrine
- The doctrine emerged from a 7:6 majority decision by the largest-ever bench of 13 Supreme Court judges.
- Elements recognized as part of basic structure include: supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal character, unity and sovereignty of India, individual freedom, equality, and judicial review.
- In Indira Nehru Gandhi v. Raj Narain (1975), the Court struck down the 39th Amendment that placed election disputes of the PM and Speaker beyond judicial review, holding it violated free and fair elections as part of basic structure.
- In S.R. Bommai v. Union of India (1994), federalism was affirmed as a basic feature, and misuse of Article 356 was held to be reviewable.
- In I.R. Coelho v. State of Tamil Nadu (2007), the Court held that laws placed in the Ninth Schedule after April 24, 1973 can be challenged if they violate basic structure.
- The doctrine is not found in the Constitution's text -- it is entirely a judicial innovation that has become a settled constitutional principle.
Connection to this news: Former CJI Gavai's testimony directly addresses the most significant constitutional challenge to the ONOE Bill. By arguing that simultaneous elections do not alter federalism or democratic governance -- two core elements of basic structure -- he provides judicial authority supporting the Bill's constitutional validity. However, critics argue that imposing a fixed election cycle curtails states' autonomy to determine their own dissolution timelines, directly impacting the federal character.
Simultaneous Elections: The Kovind Committee Report
- The Committee recommended a two-phase approach: Phase 1 synchronizes Lok Sabha and State Assembly elections; Phase 2 synchronizes municipal and panchayat elections within 100 days of the general elections.
- An "Appointed Date" after the next general election would mark the start of the synchronized cycle, likely from 2029.
- The report proposed 18 constitutional amendments, primarily to Article 83 (duration of Houses of Parliament) and Article 172 (duration of state legislatures).
- A single electoral roll prepared by the Election Commission of India (in consultation with State Election Commissions) was recommended to reduce duplication.
- The Committee received over 21,500 public responses, with 80% reportedly favouring simultaneous elections.
- The 129th Constitution Amendment Bill, 2024 was introduced in December 2024 and referred to the JPC.
- Amendments related to Parliament and state assembly terms would not require state ratification; those related to local bodies would need ratification by at least half the states.
Connection to this news: The JPC examination, including testimony from former CJI Gavai, is a critical step in the legislative journey. The Committee's recommendation that most amendments do not require state ratification has been contested by opposition parties and some constitutional scholars who argue this bypasses the federal consultation process.
Federalism and State Autonomy in India
- Article 1 describes India as a "Union of States," deliberately avoiding the term "federation" to indicate that states have no right to secede.
- The Seventh Schedule distributes legislative powers across Union List (97 subjects), State List (66 subjects), and Concurrent List (47 subjects).
- Article 356 (President's Rule) allows Centre to take over state governance -- the Sarkaria Commission (1988) and Punchhi Commission (2010) recommended its sparing use.
- In S.R. Bommai v. Union of India (1994), the Supreme Court limited Article 356 misuse and affirmed that federalism is part of the basic structure.
- The Finance Commission (Article 280) and GST Council (Article 279A) represent cooperative federalism mechanisms.
- Under ONOE, if a state government loses a no-confidence motion mid-term, a fresh election would return the state to the synchronized cycle, potentially with a shortened term -- raising concerns about democratic mandate.
Connection to this news: The central debate around ONOE is whether synchronizing elections enhances governance efficiency (by reducing the "perpetual election mode") or undermines state autonomy (by tying state electoral timelines to the Centre). The former CJI's argument that accountability mechanisms like no-confidence motions remain intact attempts to address the federalism concern, but critics note that shortened post-dissolution terms may discourage destabilizing votes, effectively reducing accountability.
Key Facts & Data
- Basic structure doctrine: Kesavananda Bharati v. State of Kerala (1973), 13-judge bench, 7:6 majority
- Simultaneous elections were held in India from 1952 to 1967; the cycle broke in 1968-69 when assemblies were dissolved
- Kovind Committee: Constituted September 2, 2023; report submitted March 14, 2024 (18,000 pages)
- Proposed amendments: 18 constitutional amendments, primarily Articles 83 and 172
- 129th Constitution Amendment Bill, 2024: Referred to Joint Parliamentary Committee
- Phase 1: Synchronize Lok Sabha + state assemblies; Phase 2: Municipal and panchayat elections within 100 days
- State ratification: Not required for Parliament/assembly term amendments; required (50% states) for local body amendments
- Article 356 invocations since 1950: Over 125 times (most before the S.R. Bommai judgment restricted its use)