The Law Commission has informed the Joint Parliamentary Committee (JPC) meeting on One Nation, One Election that the proposed legislation does not violate the basic structure of the Constitution, sources have told NDTV.
The meeting of the JPC was held on Thursday and the briefing by the 23rd Law Commission of India was led by its chairperson Justice Dinesh Maheshwari.
Sources present at the meeting said the Law Commission informed the committee that, in its expert assessment, the bills and the wider proposal for synchronised elections do not violate the basic structure. They said the Commission cited multiple judicial precedents to underline the Parliament's legislative competence to bring such a reform, noting that the proposals are within constitutional limits.
Sources said the Commission emphasised that the right to vote is a statutory right, not a fundamental one, as consistently held by the Supreme Court. For this reason, the synchronisation of election schedules or frequency would not affect the citizens' right to vote.
On concerns surrounding the tenure of the Lok Sabha and State Assemblies, sources said the Commission described the proposed changes as limited and rational, and well within constitutional parameters. The Commission maintained that these adjustments do not conflict with the basic structure.
Addressing federalism-related concerns, the Commission told the JPC that India follows a quasi-federal model with a clear predominance of the Union, sources said. The proposed framework, according to the Commission, does not disturb this essential federal character. Sources also pointed to the Commission's view that the Constitution explicitly empowers Parliament to legislate on elections, including those to state Assemblies, thereby reinforcing the validity of the proposal.
On the question of whether the Bills require ratification by States under Article 368 of the Constitution , sources said the Commission clarified that no constitutional provision touching the federal structure is being amended, and therefore state ratification is not required.
The Commission also commented extensively on the powers proposed to be granted to the Election Commission of India under clauses 82A(3) and 82A(5). The sources said the Law Commission informed the JPC that Article 324 already functions as a reservoir of power for the poll body, and Supreme Court judgments have repeatedly affirmed the Commission's broad authority. The proposed clauses, sources said, merely articulate powers the Election Commission is already empowered to exercise.
The sources said the JPC will continue its consultations with experts and institutions before finalising its recommendations on the bills that aim to transform India's electoral calendar.
