Discuss the role of SC of India in strengthening the hands of EC in discharge of its Constitutional, responsibility of conducting free & fair elections in the country.
Main Body
Article 329 gives power to Election Commission EC to conduct free & fair elections. But it faces several limitation & which has been helped by Supreme Court in various case. Cases of SC: (1) T.N shekhary V. UOI: SC held that election commissioners & chief election commissioners have equal power & decision to be taken by majority (2) Anoop tewania Case 2023: Recently SC held that appointment of chief election commissioner should be done by Committee consisting of CJI+ PM + Leader of Opposition. (3) A.D.R V.s. UOI 2002: Candidates have to declare their criminal backgrounds in the affidavit (4) Lok prahari V.s UOI: Candidates have to declare their source of income, assets & liabilities. (5) In february 2020 judgment SC held that parties have to publish details of candidates with criminal background on its website & also explaining reasons for selecting over other candidate. (6) Peoples Union of Civil Liberties V.s. UOI: SC held that 'immediate disqualification' of candidate from date of conviction (Shut down section 8(4) of RPA 1951).
Abhishek Singh
Salient Features of the Representation of People's Act
Elections
Role of SC in Electoral Disputes
171
Total words
1
Paragraphs
case-based
Tone