Basic Structure Not Violated: Law Commission Firms Up View on Joint Election Bills

Context:

• The 23rd Law Commission of India has endorsed the ‘One Nation, One Election’ (ONOE) Bills, concluding that they do not violate the Basic Structure of the Constitution.

• The Commission has also held that the Model Code of Conduct (MCC) does not require statutory backing, reaffirming its present constitutional–conventional status.

• The findings come ahead of deliberations by the Joint Committee of Parliament (JPC), scheduled to meet on December 4.

Key Highlights:

Findings on Constitutional Validity

• The Law Commission stated that simultaneous elections to the Lok Sabha, State Legislative Assemblies, and Union Territory Assemblies do not infringe the Basic Structure, including:

  • Federalism

  • Separation of powers

  • Democratic governance

• It emphasized that the proposal affects only the timing and frequency of elections, not the fundamental right to vote.

State Ratification Not Required

• The Commission held that the Bills do not attract mandatory State ratification under Article 368(2), clauses (a) to (e).

• Reason: The Bills do not alter subjects related to federal distribution of powers or State legislative competence.

Tenure Synchronisation Mechanism

• The proposed framework seeks to synchronise electoral cycles by curtailing the tenure of certain State Assemblies elected after a specific Lok Sabha term.

• Such curtailment is considered constitutionally permissible, as legislative tenure is not an absolute guarantee.

Position on Model Code of Conduct (MCC)

• The Law Commission does not support granting statutory status to the MCC.

• It maintained that MCC functions effectively as a moral–constitutional convention enforced by the Election Commission of India (ECI).

• Statutory backing could reduce flexibility and increase litigation.

Other References

• The Central Empowered Committee (CEC) issue was earlier referred to the Law Commission by the Cabinet Secretariat.

• The Secretariat pointed to the National Green Tribunal (NGT) as a stable adjudicatory body, raising questions on the continued relevance of the CEC.

Relevant Prelims Points:

• Issue: Constitutional validity of simultaneous elections.

• Causes: Frequent elections, governance disruptions, high election expenditure.

• Key Constitutional Provisions:

  • Article 368(2) – Constitutional amendment procedure

  • Basic Structure Doctrine – Limits on Parliament’s amending power

• Government / Institutional Position:

  • Law Commission finds no violation of Basic Structure

  • No need for State ratification

• Model Code of Conduct:

  • Non-statutory, enforced by ECI

• Impact: Clears a major constitutional hurdle for ONOE Bills.

Relevant Mains Points:

• Key Concepts & Definitions:

  • Basic Structure: Core constitutional principles immune from amendment

  • Model Code of Conduct: ECI-issued guidelines ensuring electoral fairness

• Polity Dimension (GS II):

  • Balance between constitutional flexibility and democratic stability

  • Parliamentary competence under Article 368

• Governance Dimension:

  • Reduced policy paralysis due to frequent MCC enforcement

  • Administrative and fiscal efficiency

• Judicial Perspective:

  • Consistency with Kesavananda Bharati doctrine

• Way Forward:

  • Wider political consensus

  • Transparent transition mechanism

  • Safeguards to protect federal balance and electoral fairness

UPSC Relevance (GS-wise):

• GS II: Polity, Constitution, Electoral reforms, Governance

• Prelims: Basic Structure Doctrine, Article 368, Model Code of Conduct