Basic structure not violated: Law panel firms up view on joint election Bills (Not in favour of statutory backing for Model Code of Conduct), Pg1

Key Highlights:

• The 23rd Law Commission has concluded that the simultaneous elections Bills do not violate the basic structure of the Constitution.
• The Bills aim to synchronize elections for the Lok Sabha, State Assemblies, and Union Territory Assemblies.
• The Law Commission does not believe that the Model Code of Conduct requires statutory recognition.
• The Joint Committee of Parliament will meet on December 4 to discuss the One Nation One Election Bills.

Detailed Insights:

• The simultaneous elections Bills do not require ratification by states because they do not propose changes to subjects under Article 368 (2), clauses (a) to (e).
• The Bills propose synchronizing elections by curtailing the terms of state Assemblies elected after a particular Lok Sabha term.
• The Law Commission views that the Bills affect the duration or frequency of voting, but not the fundamental right to vote.
• The Central Empowered Committee (CEC) future was referred to the Law Commission by the Cabinet Secretariat, prior to the Supreme Court's direction.
• The Cabinet Secretariat suggested that the National Green Tribunal (NGT) is a stable adjudicatory body, which raises the question of whether the CEC should continue functioning.

Key Concepts Involved:

• Basic Structure: The fundamental principles of the Constitution that cannot be altered by amendments.
• Model Code of Conduct: A set of guidelines issued by the Election Commission to regulate the conduct of political parties and candidates during elections.
• Article 368 (2): This article outlines the procedure for amending the Constitution, including provisions that require ratification by state legislatures.