Sir, I do not think it is desirable in matters of such consequence we should try to depart from time to time from what we decided earlier, unless there were some very cogent reasons as to why that decision should be reversed after a few months’ time. As I said, so far as I can see, article 289 (2) is quite enough for the purpose. Even under article 289 (2) we can appoint not merely some official of the Government as Election Commissioners, but people of the position of High Court Judges; we can make them permanent; we can make them as independent as we are trying to make them permanent; we can make them as independent as we are trying to make them in the case of the Central Commission. Even under the Government of India Act, 1935, which certainly did not contemplate so much of a Federal Government as a type of Government which was to some extent more unitary than otherwise, provision for election was contained in section 291. It says: “In so far as provision with respect to the matters hereinafter mentioned is not made by this act, His Majesty in Council may from time to time make provision with respect to those matters or any of them………the conduct of elections under this Act and the methods of voting thereat etc. ” Even then, practically it was left to the provincial Governments. I do not see any reason why we should make provision for all these thing in the constitution itself and as far as I have been able to ascertain, no other constitution contains a provision of this nature.
