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

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

Posted at 19 Apr 2021 in Current Affairs, GS Paper II by Swarn Singh 0 Comments

0 Likes

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.