ML

MOHAN LALAIR 53· 2023

Question 13GS2GS2

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.

Open scan (p.31)

Introduction

Election Commission is the constitutional body article 324 for conduct of free and fair election.

15 words

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.

227 words1 paragraphs

Topper

MOHAN LAL

AIR 532023

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Public Interest Litigation

Judicial Review of Election Commission

Writing Stats

242

Total words

1

Paragraphs

analytical

Tone