The ECI must act independently as the arbiter of election code breaches
- November 30, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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The ECI must act independently as the arbiter of election code breaches
Subject : Polity
Section: Elections
Election Commission
- Permanent and an independent body established by the Constitution to supervise elections.
- Article 324 provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of President of India and the office of Vice-President of India
- In Mohinder Singh Gill vs Chief Election Commissioner, Supreme Court held that Article 324 contains plenary powers to ensure free and fair elections, and ECI can take all necessary steps to achieve this constitutional objective.
Provisions ensuring Independence of Commission
- Security of tenure: The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court.
- Service conditions: The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
- Removal of other election commissioners: Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner
Powers of EC - Determination of territorial areas: To determine territorial areas of electoral constituencies throughout the country on the basis of the Delimitation Commission
- To prepare and revise electoral rolls
- Recognition: To grant recognition to political parties and allot symbols
- Advise to President: To advise the president on matters relating to disqualifications of the members of Parliament
- President’s rule: To advise President whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year