New Delhi:
The Law Commission of India has informed the Joint Parliamentary Committee (JPC) examining the One Nation, One Election proposal that the draft legislations do not violate the basic structure of the Constitution, according to sources present at the meeting.
The JPC held its latest meeting on Thursday, during which the 23rd Law Commission—led by Chairperson Justice Dinesh Maheshwari—briefed members in detail on its constitutional assessment of the proposed reforms.
‘Within Constitutional Limits’: Law Commission
Sources said the Law Commission, in its expert evaluation, conveyed that both the bills and the broader proposal for synchronised Lok Sabha and state Assembly elections remain well within constitutional boundaries.
The panel reportedly cited multiple Supreme Court precedents to underline Parliament’s legislative competence to introduce such electoral reforms.
A key point emphasised was that the right to vote is a statutory right, not a fundamental one—an interpretation consistently upheld by the Supreme Court. Therefore, synchronising the election schedule or altering its frequency would not infringe upon citizens’ voting rights, the Commission told the JPC.
Tenure of Lok Sabha and Assemblies: ‘Limited and Rational Adjustments’
Responding to concerns about the tenure of elected bodies, the Commission described the proposed changes as “limited and rational”, asserting that they fall within constitutional parameters and do not alter the basic structure doctrine.
Federalism Concerns Addressed
On questions related to federalism, sources said the Law Commission reiterated that India follows a quasi-federal model where the Union has clear predominance. The proposed synchronised election framework, it maintained, does not disturb this core federal character.
The Commission also noted that the Constitution explicitly empowers Parliament to legislate on elections—including those to state Assemblies—reinforcing the validity of the proposed reforms.
No Need for State Ratification Under Article 368
The Commission clarified that the bills do not amend any provision affecting the federal structure. Consequently, there is no requirement for state ratification under Article 368, sources said.
Powers of Election Commission Under Clauses 82A(3) and 82A(5)
The Law Commission also addressed apprehensions about the additional powers proposed for the Election Commission of India (ECI) under clauses 82A(3) and 82A(5).
According to sources, the Commission stated that Article 324 already serves as a reservoir of power for the ECI, and the Supreme Court has repeatedly upheld the poll body’s broad authority. The new clauses merely codify powers the ECI is already empowered to exercise, rather than granting new or extraordinary authority.
Next Steps for the JPC
The JPC is expected to continue consultations with constitutional experts, legal institutions, and other stakeholders before finalising its recommendations on the sweeping electoral reform bills that aim to reshape India’s electoral calendar.