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.
Main Body
The Supreme Court of India, through its various judgements, has strengthened the capacity of Election Commission of India to conduct free and fair elections. Supreme court judgements: 1) Indira Unarshi v/s Raj Narain case (1975) - declared three fair elections as part of 'Basic structure doctrine' => strengthened the importance of ECI. 2) In association for democratic reforms v/s VOI, 2002 - Supreme court declared that submission of criminal records of contesting candidates to ECI is mandatory => increased the
role of ECI to curb criminalisation of politics. 3) In Jan Chaudhari v/s VOI 1005 - As per election 125 of RPA, every vote needs to be elston from any lok sabha constituency to be eligible for contacting elections => undertri is done have right to vote => ECI's power to ensure elections 113. 4) In PUCL case 2009, Supreme court declared 'NOTA' as a mandatory option to ensure that every person can possess their right to vote. 5) Lilij Nornal case, 2013 - Supreme court held that every member of parliament or Assembly, if convicted for 3 years or more, will be immediately disqualified => ECI has the power to recommend
disqualification of candidates. 6) Recently, owing to controversies and excessive political interference in appointment of Election Commission => it suggested the collegium-like system => consisting of PM, ready of opposition and USI for appointments. => legislative framework for appointment venue, during of tenure to ECI on commissionership. Therefore, the judgements of Supreme Court have elevated and strengthened the role of ECI, and court is required to maintain separation of functions and check and
Conclusion
balance.
1 words
RITIKA
Salient Features of the Representation of People's Act
Elections
Role of Supreme Court in strengthening ECI
266
Total words
1
Paragraphs
analytical
Tone