Centre ‘appropriate’ party to respond to plea on disqualified lawmakers, says EC

Subject : Polity

Section: Elections

Concept :

The Election commission said it would be “appropriate” to have the Union government deal with the disqualification issue.
A petition has been filed in SC that an MP or an MLA who has either been disqualified from the House under the Tenth Schedule (anti-defection law) or under Article 191(1)(e) of the Constitution should be barred from contesting elections for five years.
This is to discourage MP/MLAs from switching the political party to gain political favour.

Details

The Election Commission in the Supreme Court has chosen to maintain a distance on the question whether a disqualified lawmaker should be banned from contesting elections for five years.
The commission said it would be “appropriate” to have the Union government deal with the issue.
Election commission stated that the issue involved in this matter pertains to the interpretation of Article 191(1)(e) of the Constitution.
It relates to matters that do not have a nexus with the conduct of elections in terms of the remit of the Commission under Article 324.
Therefore Union government is the appropriate party for the adjudication of the prayers made in the petition

Article 191(1)(e) of Indian Constitution:

Article 191(1)(e) gives the various grounds of disqualification “for being chosen as, and for being a member of the Legislative Assembly or Legislative Council of a State” on:
Holding an office of profit
Being of unsound mind or undischarged solvent
Being a non-citizen or voluntarily acquiring the citizenship of a foreign state
Being under any acknowledgement of allegiance or adherence to a foreign state.
If an MLA or an MLC is “disqualified by or under any law made by Parliament”

Powers of EC for disqualification

Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.
Further, the cases of persons found guilty of corrupt practices at elections which come before the SC and High Courts are also referred to the Commission for its opinionon the question as to whether such person shall be disqualified and, if so, for what period.
The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law.

Other powers of EC

To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
To prepare and periodically revise electoral rolls and to register all eligible voters.
To grant recognition to political parties and allot election symbols to them.
Election Commission ensures a level playing field for the political parties in election fray, through strict observance by them of a Model Code of Conduct evolved with the consensus of political parties.