Law Commission of India view on basic structure doctrine supports ‘One Nation One Election Bills’; panel sees no violation.

The Parliamentary Standing Committee reviewing the One Nation One Election Bills has received a firming opinion from the Law Commission of India.

According to the panel’s emerging view, the proposal for simultaneous national and state elections does not violate the basic structure doctrine of the Constitution. The committee is now shaping its final recommendations before the bills proceed for broader legislative consideration.

The reform aims to streamline election cycles, reduce public expenditure, and limit prolonged policy disruption caused by frequent polls.

Ahead of its scheduled briefing before the Joint Committee of Parliament on the simultaneous elections Bills on December 4, the 23rd Law Commission is learnt to have firmed up its view that the Bills do not disturb the basic structure of the Constitution, when it comes to federalism and the right of the voter.

The commission’s view, it is learnt, is that the Bills, which will enable simultaneous elections to the Lok Sabha and State and Union Territory Assemblies, do not need ratification by states as they do not propose to make any changes to the subjects under Article 368 (2), clauses (a) to (e), relating to subjects that require ratification by states.

In response to a query by the committee, which is chaired by BJP MP P P Chaudhary, the commission is also learnt to have found that there is no requirement to give the Model Code of Conduct statutory recognition.

The committee on the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment), known as the One Nation One Election Bills, is set to meet on December 4.

Representatives of the Law Commission and the Election Commission are scheduled to brief the committee, according to the meeting notice.

The two Bills were introduced by Law Minister Arjun Ram Meghwal in December last year and referred to the committee. The Bills provide for synchronising the Lok Sabha and Assembly elections by curtailing the terms of state assemblies that are elected after a particular Lok Sabha to end with the term of that Lok Sabha. Once the terms of the legislatures align, the next general election will be held simultaneously.

In the commission’s view, it is learnt, the Bills affect the duration or frequency of voting and not the right to vote, which does not violate the basic structure.

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