Last Updated:
The former Solicitor General also said the proposed Bill doesn’t make the state subservient to the Union, alleviating fears that the legislation will damage India’s federal structure
Harish Salve argued that there is no taking away of the rights of people to vote by bringing such a legislation, which essentially means that the constitutional provisions are not being violated. (PTI)
Former Solicitor General Harish Salve, who appeared before the joint parliamentary committee examining the One Nation, One Election Bill on Monday, expressed confidence that the Bill did not violate any constitutional provision and dismissed allegations that it would harm the federal structure of the country.
On apprehensions being expressed by members about what happens in case of mid-term polls or elections before an entire tenure gets over, Salve is said to have told the committee: “There is, of course, provision within the law which says the term of any Parliament or assembly is up to five years and cannot be extended. There is, however, no constitutional position on what the minimum term needs to be. One must consider the option to see if legislators would like to create a provision under the law. Eventually, Parliament is supreme and has the powers to make a law. Article 83 and 172 currently only provide the outer limits and not any minimum term. The present Bill doesn’t alter this constitutional scheme.”
Citing the example of how noted Indian jurist Nani Palkhiwala was opposed to the idea of the anti-defection law but its need was proved over time, Salve is said to have told the committee that opinion changes with time.
Salve — who has also been the member of the high-profile committee set up by the Union government under the leadership of former President Ram Nath Kovind — also argued that there is no taking away of the rights of people to vote by bringing such a legislation, which essentially means that the constitutional provisions are not being violated. He also said the basic structure is being protected. “The purpose of basic structure is not to freeze or fossilise the Constitution but to create boundaries,” he said.
“By amending Article 172 or by inserting Article 82A(2), the proposed Bill doesn’t make the state subservient to the Union,” Salve is said to have told the committee, alleviating fears that the legislation will damage India’s federal structure.
Several members, including those on the ruling side, had questioned how the Bill would impact the country’s economics despite Prime Minister Narendra Modi repeatedly saying the election expenses would be curbed and the circulation of bad money would stop. “Econometric analysis done reveals that frequent elections affect 1.5 per cent of the GDP,” Salve is said to have told the committee.
Apart from Salve, Justice Ajit Prakash Shah, former Chairman of the 20th Law Commission of India and former Chief Justice of the Delhi High Court, also appeared before the committee.
However, opposing the Bill, he is said to have told the committee that this would affect the federal structure and also give unaccountable power to the Election Commission. Shah went on to argue that the move would take away the people’s powers to hold government responsible and answerable.
The committee is scheduled to hold its next meeting on March 25.
The JPC was announced during the last Winter Session of Parliament after the government said it was keen on sending the bill for parliamentary scrutiny once it’s introduced in the Lok Sabha. Later, law minister Arjun Meghwal also read out the list of members who were part of the committee. Upon insistence by some opposition MPs, a day later, the number of members of the committee was increased to 39. Former minister and Lok Sabha lawmaker PP Chaudhary is the chairman of the panel. The Lok Sabha Speaker also added two members to the committee as special invitees. Among the members of the committee from the opposition are Wayanad MP Priyanka Gandhi Vadra.
The panel has a number of eminent lawyers who are also Members of Parliament like Manish Tewari, P Wilson, and Kalyan Banerjee. Other opposition MPs who are part of the panel include Supriya Sule from the NCP, Randeep Surjewala and Mukul Wasnik from the Congress, and Anil Desai from the Shiv Sena (UBT).
On the ruling side, MPs in the committee include former Union minister Anurag Singh Thakur, Baijayant Panda, Bhartruhari Mahtab, Anil Baluni from the BJP, Shrikant Shinde from the Shiv Sena, and Harish Balayogi from the TDP, among others.
The term of the committee has been extended to the first day of the last week of the ongoing Budget Session of Parliament. However, enough indication has been given that the committee will definitely get an extension, given the volume of consultations needed before submitting the report. The second part of the Budget Session will go on till April 6.
