CJ

Chandana JahnaviAIR 50· 2024

Question 13GS2GS2

Discuss the role of the Supreme Court of India in strengthening the hands of the Election Commission in the discharge of its constitutional responsibility of conducting free and fair elections in the country.

Open scan (p.30)

Introduction

Recent ANUP Bharatwal case showcased SUPREME COURT's interpretation of ARTICLE 324 of CONSTITUTION and role of ECI in FREE, FAIR & TRANSPARENT elections.

23 words

Main Body

Supreme Court's JUDGEMENTS: (1) LILY THOMAS case, Supreme Court outlined EQUALITY of candidate and MINISTER in disqualification. (2) In ANUP Bharatwal case: O need of COLLEGIUM opinion in COMMISSION (ECI SEC) appointment was outlined. O imperative of INDEPENDENT secretariat. O role of ECI funds as charged on CONSOLIDATED fund of India. (3) In Electoral Bonds case, SCOUTING fundy details with donor must be submitted to EC. (4) In many case Supreme Court upheld duty of ECI in enjoying MODEL Code of Conduct [MCC]. (5) In Shiva Sena case, ECI duty on deciding on ELECTION appraisal board on "TRIPLE TEST" was upheld. (6) In INDIRA Gandhi case, Election Expenditure was clearly outlined leading to ECI documentation and DISQUALIFICATION and on rest filing under Article 8. (7) SC on ensure declaration of political candidate of candidates ensuring "INTEGRITY" & also uphold ECS.

2Recommending & PARLIAMENTARY Committees is down to 25.1. in IHS PPS. (3) Usage of Act 123 & 213 for ordinance is leading to EXECUTIVE legislations ex: TRIBUNAL ordinance. (4) LACK of Appointment of deputy speaker as outlined in Article 93 show that PARLIAMENT convention are impacted. FREQUENT Adjournment, WALK outs are leading to NO DEBATE ex: Wall out in No Confidence debate. (6) It UNDERMINES check on EXECUTIVE ex: Repeal on FARM LAWS. (7) It leads to POWER centralization in EXECUTIVE ex: rising ordinance, Prime minister not attending PARLIAMENT as per Definition. However PARLIAMENT role remains sharp as:

PARLIAMENT role: An collective responsibility [4+5]. INSTRUMENT such as NO CONFIDENCE motion. CALLING ATTENTION: PRIVILEGE motion to counter INDIVIDUAL minister. Standing committee ex: recent Criminal Bill issued to COMMITTEE. Place of discretion within ex: recent DELHI bill [GNDCT]. Strengthen backbone committee. STEPS NEEDED: Public survey on PARDUDUCTIVITY. Comprising sitting calendar. NEUTRALITY of SPEAKER. Public view over mandates on NEWS channel. Since INDIA is Mother of democracy must SUSTAIN along democratic and Parliamentarian principles.

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Answer continues on next page

Topper

Chandana Jahnavi

AIR 502024

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Public Interest Litigation

Supreme Court role in Electoral Democracy

Writing Stats

335

Total words

1

Paragraphs

analytical

Tone