few case studies to prove that the Election Commission works as an independent body
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India: The Embodiment of EMB Independence
The Election Commission of India (ECI) is widely regarded as a model of an independent EMB. It may be even more appropriate to describe it as a ‘fiercely independent’ EMB. In 1948–49, the founding fathers of the Indian constitution, while debating the position of the Election Commission in the Constituent Assembly, ensured that the body responsible for conducting elections in independent India was a distinct one, separate from the government of the day, and that it should have ample financial and administrative autonomy to conduct its affairs.
The combination of the well thought-out, broadly worded provisions contained in article 324 of the Indian constitution, a supportive judiciary, an active media and Indian public opinion, and the stature and independent attitude of some of the individuals who have headed the ECI has given it the independence and reputation it enjoys today.
The Legislative Framework Governing Elections and EMBs
In addition to the fundamental constitutional provisions, two important statutes provide the legal framework for elections: the Representation of the People Acts of 1950 and 1951. The first provides for the basic requisites for elections, such as the allocation of seats for the national and state-level legislatures, the delimitation of electoral boundaries and the preparation of the electoral registers. The second stipulates detailed provisions for the conduct of elections, including the qualifications for standing as a candidate for different public offices, the rules for registering political parties and the procedure for dealing with electoral disputes.
Once the election machinery is set in motion, the electoral process is subject to the administrative supervision of the ECI, and no court of law can stop the process. Only after an election is concluded can an election petition be presented to the High Court. The ECI itself enquires into any allegations of procedural irregularity or violations of the Electoral Law. This procedure has ensured that the electoral process can be completed on schedule, without getting bogged down in judicial hearings.
To supplement the various provisions of these two statutes, detailed procedures are contained in the Registration of Electors Rules of 1960 and the Conduct of Elections Rules of 1961, including the instructions and forms to be used on polling and counting days.
The ECI, after consultations with all the political parties, has published a model code of conduct. This code has no legal basis, and derives its legitimacy from the consensus of the parties. It is an attempt to level the playing field and prevent the governing party from misusing the state machinery to the disadvantage of opposition parties. The ECI has done an excellent job of enforcing its provisions and reining in the governing parties during election periods. At times it has postponed elections in certain disputed electoral districts in the face of gross violations of the code of conduct.
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Answer:
The Election Commission of India (ECI) is widely regarded as a model of an independent EMB. It may be even more appropriate to describe it as a ‘fiercely independent’ EMB. In 1948–49, the founding fathers of the Indian constitution, while debating the position of the Election Commission in the Constituent Assembly, ensured that the body responsible for conducting elections in independent India was a distinct one, separate from the government of the day, and that it should have ample financial and administrative autonomy to conduct its affairs