19 Apr The ECI cannot be a super government (The Hindu,GS-2)
Posted at 19 Apr 2021 in Current Affairs, GS Paper II 0 Comments
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.