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

Simultaneous elections do not violate the basic structure of the Constitution or its federal framework, former 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 meeting on Thursday (February 12, 2026), Justice Gavai said the legislation brings “only a change in the manner of elections once”, which does not breach the doctrine. The structure of elections and voter rights remain the same, he noted, and therefore the amendment would be constitutional. He further explained that it is well within Parliamentary competence to bring in such a law.

Since instruments such as the “no-confidence motion” remain intact, Justice Gavai said, there is no impact on the accountability of the Union or State governments.

Divided opinions

So far, six former CJIs have spoken to the panel. Two of them — Justices U.U. Lalit and Sanjiv Khanna — have argued that the Bill runs afoul of the basic structure of the Indian Constitution as protected by the Kesavananda Bharati judgment. Justice Lalit had said that the legislation in its present form will not withstand a legal challenge in the Supreme Court, while Justice Khanna said that it is open to question as “violating and offending the basic structure of the Constitution”.

However, four of the other former CJIs — Justices Ranjan Gogoi, D.Y. Chandrachud, J.S. Khehar, and now, Justice Gavai — told the panel that the Bill does not violate the basic structure of the Constitution.

All the former CJIs, however, have previously questioned the unrestricted power granted to the Election Commission in deciding the schedule of elections, especially 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 in the Lok Sabha on December 17, 2024. The Bill seeks to empower the Election Commission to conduct simultaneous elections for the Lok Sabha and all State Assemblies.

The panel’s deliberations are far from over, but giving an indication of his view, Chairman Chaudhary said the Bill should be implemented “at the earliest in national interest”. He argued that synchronised elections would save the country both time and money.

Mr. Chaudhary also told reporters that in Thursday’s (February 12, 2026) meeting, several members suggested creating a common electoral roll for panchayat/municipal, Assembly, and national elections. “Making separate electoral rolls for each of these elections is a tedious task that usually falls on government teachers and thereby indirectly impacts the students from poor families who attend these schools,” he said.