The Law Commission, in its submission to the joint parliamentary committee examining the Constitution (129th Amendment) Bill and the Union Territories Laws (Amendment) Bill for simultaneous polls in the country, has said their provisions are correct and suitable without any fear of ambiguity. It added that the provisions do not disturb the Constitution’s basic structure.
People aware of the matter said the Law Commission said the powers proposed to be given to the Election Commission of India (ECI) for simultaneous elections are a natural extension of its extant powers. There is no question of any excessive delegation to the ECI, the Law Commission said.
“The [Law] Commission is of the view that the proposed amendment to the Constitution does not in any manner disturb the basic structure of the Constitution. The proposed amendment does not fall within the proviso to Article 368(2) of the Constitution and does not require state ratification,” said a person.
The Law Commission told the parliamentary panel that the provisions could be enacted without any question on their constitutional validity.
“The Bill can, accordingly, be enacted by Parliament through the procedure prescribed in Article 368 of the Constitution without there being any necessity of state ratification,” the Law Commission said.