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.

Article 324 establishes fair and independent Election Commission but it also makes Supreme Court as arbiter of justice and enforcing constitutional spirit. Role of Supreme Court: 1. In Jayalalitha Case, Supreme Court upheld the role of EVMs in elections and called for paper verified trail 2. In Subramanium Swamy Case 2013, it asked Election Commission to modify Model Code of Conduct MCC to include Section-D on manifests and responsibility of parties 3. In Lily Thomas Case, it struck down section 8(4) of RPA 1951 as calling it ultra vires to constitution 4. In Association of Democratic Reforms ADR case, it asked political parties to declare assets of criminals on website 5. In Sadiq Ali Case, it upheld ECP power to decide on party disputes 6. In recent Baranwal Case, Supreme Court using Article 142 made a calligiure for appointment of etc (CIM, Cof, CST) It also called for saber reforms like scare conditions. Positive role: 1. Upholding free & fair elections 2. Ensuring independence of ECI 3. Raising concerns of voters & parties

Criticism of recent judgement: 1. Many legal experts have called it an encroachment on Parliament powers as explicitly mentioned in 328(4). 2. Further, it could create conflict of interest if case of EC appointment reaches the court Way Ahead: Supreme Court activism is appreciable but it should not be an over reach. Thus recent bill to create another colloquium and providing scare conditions and charged expenditures are welcome step. In constitutional democracy, both legislature & judiciary should work simultaneously for upholding powers of ECI.