'129th Constitution Amendment Bill does not disturb federal character'

The Law Commission of India on Thursday asserted before the joint parliamentary committee that the 129th Constitution Amendment Bill, to enable simultaneous elections to the Lok Sabha and state assemblies, doesn't disturb the essential federal character of the Constitution, sources said.

Sharing its views with the JPC, the commission emphasised that India follows a quasi-federal model with a clear predominance of the Union, as recognised in constitutional design and jurisprudence. Justice Dinesh Maheshwari along with other officials from the Law Commission made the presentation before the panel.

The commission underlined that the proposed bill and the overall intent behind 'One Nation, One Election' do not violate the basic structure of the Constitution. On the right to vote, the commission reiterated that as consistently held by the Supreme Court, the right to vote is a statutory, not a fundamental, right. As a result, the proposed synchronisation of elections relating to the schedule, frequency, or manner of elections does not impinge upon the right to vote.


Regarding the proposal's impact on the tenure of the House and state legislative assemblies, the panel was of the view that the bill introduces only a limited and rational curtailment, which is well within constitutional parameters and does not infringe upon the basic structure in any manner.