The ECI cannot be a super government (The Hindu,GS-2)

The ECI cannot be a super government (The Hindu,GS-2)

Context:- ECI asked to the Government of Kerala from continuing to supply kits containing rice, pulses, cooking oil, etc.

  • Facts about it:-
    • Part XV of the Indian constitution deals
    • established: 25th January 1950.
    • From Article 324 to 329
    • 324:- Superintendence, direction and control of elections to be vested in an Election Commission.
      • Under article 324, ECI had issued model code of conduct, which is a consensus based code for free and fair elections.
    • There is chairmen and other two-> appointed by president.
  • Issue with election commission of India
    • Model code of conduct is not backed by the law.
    • Has no power to revoke the party’s symbol and registration.
    • Illegal election funding.
  •  Mohinder Singh Gill vs Chief Election Commissioner  that Article 324 contains plenary powers to ensure free and fair elections.
  • T.N. Sheshan:- who modified the powers of election commission.
  • Under  the recent case we saw E.C. has denied to distribute the essential items, which is the need of the hour.
    • So ECI can’t supersede the government in adminstrative matters as this is the prerogative of state government, and even DPSP directs the state government on the same ground.
  • we must understand that free and fair elections are the need of the hour for robust democracy.

Download Daily Current Affairs of 19th April 2021

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