what would happen if the accountability of the EC lies to the parliament? Do you think it will hamper the working of EC?
Answers
Answer:
One of the most important questions which engaged the attention of the framers of the Constitution was the nature of the Executive and its relation with the Legislature. Dr. Ambedkar observed in introducing the Constitution:
"A student of constitutional law, if a copy of a Constitution is placed in his hands, is sure to ask two questions. Firstly, what is the form of Government that is envisaged in the Constitution; and secondly what is the form of the Constitution. For these are the two crucial matters which every Constitution has to deal with."1
The decision of the Constituent Assembly on the form of Government in India was considerably influenced by the political background of India and the practice and traditions evolved during the British rule2. It is, therefore, not surprising that from the initial stages of the discussions on the principles of the new Constitution, opinion appears to have been overwhelmingly in favour of adopting for India an Executive responsible to the Legislature in accordance with the British tradition. Dr. Ambedkar made an exhaustive and authoritative statement on the general character of the Executive while introducing the Draft Constitution in the Constituent Assembly on November 4, 1948. He observed, inter-alia: "The Parliamentary system differs from a non-Parliamentary system in as much as the former is more responsible than the latter but they also differ as to the time and agency for assessment of their responsibility. Under the Non-Parliamentary system, such as the one that exists in the United States of America, the assessment of the responsibility of the executive is periodic. It takes place once in two years. It is done by the electorate. In England, where the Parliamentary System prevails, the assessment of responsibility of the executive is both daily and periodic. The daily assessment is done by members of Parliament, through questions, resolutions, no-confidence motions, adjournment motions and debates on Addresses. Periodic assessment is done by the electorate at the time of the election-which may take place every five years or earlier. The daily assessment of responsibility which is not available under the American system is, it is felt far more effective than the periodic assessment and far more necessary in a country like India. The Draft Constitution in recommending the Parliamentary System of executive has preferred more responsibility to more stability.".3In furtherance of this, the Constitution of India elaborately defines, the position, powers and the inter-relationships of the various organisations of State and of other institutions.
The Constitution of India provides for a Parliament consisting of an elected President4 and the two Houses the House of the People (Lok Sabha) and the Council of States (Rajya Sabha).5 The President appoints the Prime Minister and on his advice the other Ministers of the Council of Ministers. The Council of Ministers is collectively responsible to the House of the People.6 The President summons the two Houses of Parliament to meet from time to time. He can prorogue the two Houses and can dissolve the House of the People. The interval between two sessions must not exceed six Months.7 Parliament in India usually meets for about seven months in a year in three Sessions: The Budget Session (Feb.-May), the Monsoon Session (July-Aug.) and the Winter Session (Nov.-Dec.)*. The first session after the General Elections and the first session each year begins with an Address by the President.8 The sweep and scope of the legislative jurisdiction and other powers of Parliament under the Constitution are vast. The constituent power also vests in Parliament and the sovereign will of the people may be said to find expression only through the collective decisions of their elected representatives in Parliament. Nevertheless, Parliament of India is neither sovereign nor supreme.9