Proposed power to EC to defer polls not arbitrary: Law panel to simultaneous polls committee

New Delhi, Dec 4 (PTI) The proposed power to the Election Commission in a Bill that seeks to lay a legal framework to hold simultaneous polls to the Lok Sabha and state assemblies is not excessive, the Law Commission is learnt to have told a parliamentary committee on Thursday.

The law panel top brass briefed the Joint Committee of Parliament examining the Bills on simultaneous elections.

During the briefing, members said the law panel also noted that the Constitution amendment Bill does not require ratification by at least 50 per cent of the state assemblies to come into force.

Opposition MPs questioned the law commission officials on the constitutionality and adherence to the federal spirit in the Bill.

The law commission officials briefed the committee members, but were not able to give a satisfactory answer to the questions, an opposition MP claimed.

Another opposition MP said during the meeting that elections at regular intervals provide a system of checks and balances as after the Lok Sabha, the people can review their choices in the assembly elections, but this would not be there if simultaneous polls happen.

The MP said that voters are the basis of democracy and elections at regular intervals strengthen democracy.

According to an opinion rendered by the law commission to the joint panel, it has "not even an iota of doubt" that the proposed Article 82A(5) does not suffer from excessive delegation.

The power conferred upon the Election Commission to recommend postponement of elections is neither arbitrary nor unbounded, rather it flows naturally from the plenary constitutional authority that has been vested in the EC under Article 324, the law panel has said.

The law panel underlined that the proposed amendment does not disturb the basic structure of the Constitution in any way.

The law commission said it is clearly of the opinion that any curtailment of the term of the House(s) by the proposed amendment does not violate the basic structure of the Constitution.

On the issue of federalism, the commission said federalism as envisaged and formulated in the Indian Constitution is not that of compartmentalisation of different units; it is rather of weaving different units together with a strong Centre as the pivot. PTI ASK/NAB NAB MNK MNK