V-Cs, Professors of NLUs suggest limiting EC's role, pg7

Key Highlights:

• Academic Consultation: Vice-Chancellors and professors from eight National Law Universities (NLUs) shared critical feedback with the Joint Committee of Parliament regarding the simultaneous election Bills.
• Proposed EC Limits: The legal experts suggested limiting the Election Commission’s (EC) discretionary powers, particularly its authority to defer Assembly elections.
• Stability Mechanism: To prevent frequent mid-term collapses of the government, the NLUs proposed the introduction of a "constructive vote of no-confidence."
• Federal Safeguards: Some representatives argued that implementing the Bills should require ratification by two-thirds of State Assemblies due to the significant impact on India’s federal structure.

Detailed Insights:

• The "German Model": The experts recommended a "constructive no-confidence motion" (similar to systems in Germany, Spain, and Belgium). This means a government can only be removed if the legislature has a majority ready to back a specific successor as Prime Minister or Chief Minister.
• Defining Postponement: Currently, the Bills allow the EC to defer elections if it is of the "opinion" that they cannot be held simultaneously. Experts flagged this as too broad and called for a defined list of circumstances and a strict timeline.
• Strengthening the EC: While suggesting limits on certain powers, the NLUs also proposed strengthening the EC’s independence by giving statutory force to the Model Code of Conduct (MCC) and creating an independent EC secretariat.
• Appointment Reform: A suggestion was made to appoint Election Commissioners via a collegium consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI).

Key Concepts Involved:

• One Nation, One Election (ONOE): A proposal to synchronize the timing of Lok Sabha and State Assembly elections to reduce costs and administrative burden.
• Constructive Vote of No-Confidence: A parliamentary procedure that allows a parliament to withdraw confidence from a head of government only if there is a majority for a prospective successor.
• Federalism: The constitutional distribution of power between the Central government and the States. Experts are debating whether ONOE undermines the autonomy of State Assemblies.
• Model Code of Conduct (MCC): A set of guidelines issued by the EC to regulate the conduct of political parties and candidates during elections, which currently lacks full legal (statutory) backing.