Law Commission Confirms Constitutional Validity of One Nation, One Election to Parliamentary Committee

The Law Commission has conveyed to the Joint Parliamentary Committee (JPC) that the One Nation, One Election proposal stands on firm constitutional ground, according to sources who spoke with NDTV.

During Thursday's JPC meeting, Justice Dinesh Maheshwari, who chairs the 23rd Law Commission of India, led a comprehensive briefing on the matter.

According to individuals present at the session, the Law Commission asserted that based on their expert assessment, neither the bills nor the broader synchronized elections framework violates the Constitution's basic structure. The Commission referenced numerous judicial precedents to establish Parliament's legislative authority to implement such electoral reform, emphasizing that the proposals remain within constitutional boundaries.

Sources revealed that the Commission highlighted the Supreme Court's consistent position that voting rights are statutory rather than fundamental rights. Consequently, adjustments to election schedules or frequency would not infringe upon citizens' voting rights.

Regarding apprehensions about the Lok Sabha and State Assemblies' tenures, the Commission characterized the proposed modifications as limited, rational, and well within constitutional parameters, maintaining that these changes do not undermine the Constitution's basic structure.

When addressing federalism concerns, the Commission explained to the JPC that India operates under a quasi-federal model where the Union holds clear predominance, sources indicated. According to the Commission, the proposed framework preserves this essential federal character. Sources also noted the Commission's reference to constitutional provisions that explicitly authorize Parliament to legislate on elections, including state Assembly elections, thus reinforcing the proposal's validity.

On whether state ratification is required under Article 368 of the Constitution, sources reported that the Commission clarified that since no constitutional provisions affecting the federal structure are being amended, state ratification is unnecessary.

The Commission also provided extensive commentary on the proposed powers for the Election Commission of India under clauses 82A(3) and 82A(5). Sources indicated that the Law Commission informed the JPC that Article 324 already serves as a power reservoir for the election body, with Supreme Court judgments repeatedly confirming the Commission's broad authority. The proposed clauses, according to sources, merely articulate powers the Election Commission is already entitled to exercise.

Sources stated that the JPC will continue consulting with experts and institutions before finalizing its recommendations on the bills intended to transform India's electoral calendar.