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23rd Law commission on One Nation One Election
December 6 , 2025
16 hrs 0 min
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- The Law Commission informed the Joint Parliamentary Committee (JPC) that the bills and the wider proposal for synchronised elections do not violate the basic structure of the Constitution
- It also said that the Model Code of Conduct does not require statutory backing.
- It emphasised that simultaneous polls only modify the timing and frequency, not the democratic right to vote.
- 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.
- The Commission told the JPC that India follows a quasi-federal model with a clear predominance of the Union.
- The proposed framework, according to the Commission, does not disturb this essential federal character.
- 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, the Commission clarified that no constitutional provision touching the federal structure is being amended, and therefore state ratification is not required.
- The Commission has also commented extensively on the powers proposed to be granted to the Election Commission of India under clauses 82A(3) and 82A(5).
- 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
- Joint Parliamentary Committee is examining two Bills—the Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024.
- The 23rd Law Commission of India is headed by Justice Dinesh Maheshwari (retd.).
- It was established in September 2024 for a three-year term to review laws and suggest reforms.
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