Now whether the proposal matches any law or it is mismatched, more important than this issue is the constitutional issue whether any legislation related to the election of Parliament has said anything on the proposal of Maharashtra Legislative Assembly.
There is no provision related to this subject in any law of Parliament. However, it feels the opposite because it is not clear to us what the subject matter of the Maharashtra proposal is.
This legislative proposal is not based on voting methods, as neither it suggests any new way of voting, nor does it abolish or amend existing methods. It has been said that the voter should be given the right to choose which current way of voting. Whether the voter has the right to choose one of the valid constitutional methods of voting, no political level debate on this issue ever took place. Only Parliament has determined that method so far.
In such a situation, Maharashtra’s proposal is not only constitutional, but also in accordance with the high tradition of the Apex Court which has always advocated that the people have the right to vote in a transparent manner. It is a matter of protecting fundamental rights. Maharashtra’s proposal is actually related to the defense of fundamental rights.
Traditionally, the High Courts and the Supreme Court work to control and balance constitutional institutions or the executive. But in the Constitution it is not limited to the courts only.
The Constitution envisages a system where every constitutional body controls and balances each other. Of course, it is only the court’s right to ask an institution to correct or withdraw its unconstitutional functions, but other constitutional bodies such as the state and the union using legislative or executive powers are unconstitutional to other constitutional bodies. Can reduce the effect of tasks.
Maharashtra’s legislative proposal is based on this issue and it will have far-reaching impact on the concept of balance and control of our system.