‘Bill for joint polls gives EC a free hand’ , Pg12

Key Highlights:

• Former CJI Sanjiv Khanna told a Joint Parliamentary Committee (JPC) that the One Nation, One Election Bill gives “unfettered discretion” to the Election Commission.
• The JPC, headed by BJP MP P.P. Chaudhary, is reviewing the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024.
• Justice Khanna is the fifth former Chief Justice of India to raise concerns about the proposed legislation.
• Clause 5 of the proposed Article 82A was specifically highlighted as problematic.

Detailed Insights:

• The proposed Article 82A grants the Election Commission the power to decide when a Legislative Assembly election cannot be held simultaneously with the Lok Sabha election.
• Justice Khanna argued that this clause could be seen as violating the basic structure of the Constitution and Article 14 due to its arbitrary nature.
• He also stated that the bill could lead to an indirect imposition of President’s Rule, potentially disrupting the federal structure of the Constitution.
• The legislation may not achieve its goal of reducing policy paralysis because the Model Code of Conduct would still apply during premature dissolutions of State Legislative Assemblies.
• The committee will consult with economists to assess the financial implications of the proposed legislation, as the government claims it will reduce expenditure.

Key Concepts Involved:

• Article 14: Guarantees equality before the law and equal protection of the laws within the territory of India.
• Article 356: Deals with provisions for cases of failure of constitutional machinery in a State, leading to President's Rule.
• Model Code of Conduct: Guidelines issued by the Election Commission of India for political parties and candidates to follow during elections.