One nation, one election: ECI to retain discretionary powers to defer assembly polls
Subscribe to enjoy similar stories. NEW DELHI : The Election Commission of India (ECI) will likely retain discretionary powers to defer legislative assembly polls under specific circumstances even after the country transitions to a ‘one nation, one election’ system, per the Constitutional amendment bill tabled in the Lok Sabha on Tuesday. Currently, the ECI can conduct elections under Article 324 of the Constitution and seek an extension to complete elections through section 153 of the Representation of the People Act, 1951.
The inclusion of these powers in the Constitution would make it difficult to amend them in the future, as constitutional amendments require a two-thirds majority in the Lok Sabha to pass, said P.D.T. Achary, former secretary general of the Lok Sabha. The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, will allow simultaneous elections for the lower house of Parliament, state assemblies, and local bodies.
However, the ECI may, at its discretion, write to the President to defer state elections if it deems fit, showed the draft ‘one nation, one election’ bill, reviewed by Mint. According to Achary, the amendment marks another major shift from the existing procedure by asking the ECI to write to the President to defer assembly elections, as the governor usually makes the final decision. To be sure, the Representation of the People Act and Article 324 are silent on whether the ECI should write to the governor or President.
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