explain the role of independent election commission ( any three point)
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. Guardian of Free & Fair Elections.
One of the most important features of the democratic polity is elections at regular intervals. Democracy is the
“Government of the people, By the people, And for the people”.
Holding periodic free & fair elections are essentials of democratic system. It is part of basic structure of the Constitution. It has been held in T. N. Sheshan V/s Union of India[7]. The Commission has taken many efforts for the success of elections and thereby democracy. So it is regarded as Guardian of both, democracy & free & fair elections.
2. Model Code of Conduct
The Election Commission is regarded as guardian of free & fair elections. In every election, it issues a Model code of Conduct for political parties and candidates to conduct elections in free & fair manner. The Commission issued its First code in 1971 (5th Election) and revised it from time to time. It lay down guidelines for conduct of political parties & candidates during elections. However, there are instances of violation of code by the political parties and complaints are received for misuse of official machinery by the candidates.
The Commission held responsible to Mr. Narendra Modi and Smt. Sonia Gandhi for violation of Model code of Conduct by making controversial remarks during election campaign in 2007 Gujarat Assembly polls.
In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner[8], the Kerala High Court held that the object of model code of conduct is not to stop all governmental activities but only those actions which may directly influence a section of electors need to be prevented.
The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what, known as “rules of electoral morality”. But this lack of statutory backing does not prevent the Commission from enforcing it. It has power to enforce drawing force under Art. 324.[9]
3. Registration of Political Parties
The party system is an essential feature of the Parliamentary democracy. Law regarding to this registration process enacted in 1989 and number of parties got registered with Commission. It helps to avoid confusion and headache of the administrative machinery as well as confusion of the electorate. It ensures that political parties can practice democracy only by their registration.
4. Limits on Poll Expenses
To get rid of the growing influences and vulgar show of money during elections the Election Commission has made many suggestions in this regard. The Election Commission has fixed the legal limits on the amount of money which a candidate can spend during election campaigns. These limits have been revised from time to time. The Election Commission by appointing observers keeps an eye on the individual account of election expenditure. The contestants are also required to give details of expenditure with 30 days of declaration of results. However, political parties do not adhere to the financial ‘Lakshman Rekha’ as huge amount are spent by parties under the garb of their supporters.
The campaign period was reduced by the Election Commission from 21 to 14 days for Lok Sabha and Assembly elections; it is for to trim down election expenditure. The Election Commission’s this attempt to impose these measures has been a move in the right direction.[10] Moreover, Election Commission takes details of his assets on affidavit at the time of submitting nomination paper.
In Common Cause: A registered Society v/s. Union of India[11], it was pointed out that, in India elections are fought on the basis of money. The Court ruled that, purity of election is fundamental to the democracy and Commission can ask the candidates about the expenditure incurred by them and political party for this purpose.
One of the most important features of the democratic polity is elections at regular intervals. Democracy is the
“Government of the people, By the people, And for the people”.
Holding periodic free & fair elections are essentials of democratic system. It is part of basic structure of the Constitution. It has been held in T. N. Sheshan V/s Union of India[7]. The Commission has taken many efforts for the success of elections and thereby democracy. So it is regarded as Guardian of both, democracy & free & fair elections.
2. Model Code of Conduct
The Election Commission is regarded as guardian of free & fair elections. In every election, it issues a Model code of Conduct for political parties and candidates to conduct elections in free & fair manner. The Commission issued its First code in 1971 (5th Election) and revised it from time to time. It lay down guidelines for conduct of political parties & candidates during elections. However, there are instances of violation of code by the political parties and complaints are received for misuse of official machinery by the candidates.
The Commission held responsible to Mr. Narendra Modi and Smt. Sonia Gandhi for violation of Model code of Conduct by making controversial remarks during election campaign in 2007 Gujarat Assembly polls.
In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner[8], the Kerala High Court held that the object of model code of conduct is not to stop all governmental activities but only those actions which may directly influence a section of electors need to be prevented.
The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what, known as “rules of electoral morality”. But this lack of statutory backing does not prevent the Commission from enforcing it. It has power to enforce drawing force under Art. 324.[9]
3. Registration of Political Parties
The party system is an essential feature of the Parliamentary democracy. Law regarding to this registration process enacted in 1989 and number of parties got registered with Commission. It helps to avoid confusion and headache of the administrative machinery as well as confusion of the electorate. It ensures that political parties can practice democracy only by their registration.
4. Limits on Poll Expenses
To get rid of the growing influences and vulgar show of money during elections the Election Commission has made many suggestions in this regard. The Election Commission has fixed the legal limits on the amount of money which a candidate can spend during election campaigns. These limits have been revised from time to time. The Election Commission by appointing observers keeps an eye on the individual account of election expenditure. The contestants are also required to give details of expenditure with 30 days of declaration of results. However, political parties do not adhere to the financial ‘Lakshman Rekha’ as huge amount are spent by parties under the garb of their supporters.
The campaign period was reduced by the Election Commission from 21 to 14 days for Lok Sabha and Assembly elections; it is for to trim down election expenditure. The Election Commission’s this attempt to impose these measures has been a move in the right direction.[10] Moreover, Election Commission takes details of his assets on affidavit at the time of submitting nomination paper.
In Common Cause: A registered Society v/s. Union of India[11], it was pointed out that, in India elections are fought on the basis of money. The Court ruled that, purity of election is fundamental to the democracy and Commission can ask the candidates about the expenditure incurred by them and political party for this purpose.
rajaryan373:
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one of the most important features of the democratic polity is election.
The election commission is regarded as the guardian of free and fair elections.
The election c
The election commission is regarded as the guardian of free and fair elections.
The election c
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