Discuss the role of the Supreme Court of India in interpreting the hands of the Election Commission in the discharge of its constitutional responsibility of conducting free and fair elections in the country.
Introduction
Election Commission is the constitutional body article 324 for conduct of free and fair election.
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Main Body
Election Commission is the constitutional body article 324 for conduct of free and fair election. However recently challenges emerge out of functioning of ECI. (1) Bias role as pointed by experts in work, eg. Visiting bias pro et. (2) Political appointment exclusively by the Union executive for questioning over the functioning. (3) In this precedent Supreme Court have ruled for effective functioning. (1) Committee to appoint the EC. (1) Committee consisting of Prime Minister, Leader of Opposition, Chief Justice, Judges. Implications: (1) Neutral appointment lead to autonomy and impartial functioning of ECI. (2) Help in ensuring fair and fair election in country. (3) Enable decision of ECI mitigated to Model Code of Conduct are effectively followed. (4) Ensure form of ECI and partners in elected forums. Negative Implication: (1) Cause of Judicial Activism and overreach. (2) Create tension among the Judiciary executive. (3) Violates - Separation of Power.
Committee consisting of Prime Minister Leader of Opposition, Chief Justice stands. Implications: (1) Neutral appointment lead to autonomy and impartial functioning of ECI. (2) Help in ensuring fair and fair election in country. (3) Enable decision of ECI mitigated to Model Code of Conduct are effectively followed. (4) Ensure form of ECI and partners in elected forums. Negative Implication: (1) Cause of Judicial Activism and overreach. (2) Create tension among the Judiciary executive. (3) Violates - Separation of Power.
MOHAN LAL
Executive, Judiciary, Ministries and Pressure Groups
Public Interest Litigation
Judicial Review of Election Commission
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analytical
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