who is superior? government or election commission
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election commission is more superior
devillers:
amd why
Under Article 324(5), the CEC cannotsuo motuexercise his power of recommending removal of an Election Commissioner because the members of the Election Commission are of equal status. Arrogation of anysuo motupower will amount to an assumption of superiority, which will obliterate the equality and nullify the independent functioning of the Commission.
please justify
Answered by
22
Under Article 324(5), the CEC cannotsuo motuexercise his power of recommending removal of an Election Commissioner because the members of the Election Commission are of equal status. Arrogation of anysuo motupower will amount to an assumption of superiority, which will obliterate the equality and nullify the independent functioning of the Commission.
The Chief Election Commissioner has hit the headlines recently. Therefore it may be apposite to find out the actual legal position of the CEC in relation to Election Commissioners. Article 324 of the Constitution provides the answer.
The superintendence, direction and control of the preparations of the electoral rolls for, and the conduct of all elections to Parliament and State legislatures and to the offices of President and Vice President is vested in the Election Commission. By a reading of Article 324(2), it is clear that the Chief Election Commissioner is a must. However, the number of other Election Commissioners may be optional. Presently, the Election Commission consists of the CEC and two other members. In view of Article 324 (3), the CEC shall be the Chairman.
The correct legal position as laid down by the Supreme Court of India in T.N. Seshan vs Union of India (1995) is as follows: “The provision that the ECs and the RCs once appointed cannot be removed from office before the expiry of their tenure except on the recommendations of the CEC ensures their independence. Of course, the recommendation for removal must be based on intelligible, and cogent considerations, which would have relation to efficient functioning of the Election Commission. That is so because this privilege has been conferred on the CEC to ensure that the ECs as well as the RCs are not at the mercy of political or executive bosses of the day. This check on the executive’s power to remove is built into the second proviso to clause (5) to safeguard the independence of not only these functionaries but the election Commission as a body
election commission is superior.
hope it helps....
The Chief Election Commissioner has hit the headlines recently. Therefore it may be apposite to find out the actual legal position of the CEC in relation to Election Commissioners. Article 324 of the Constitution provides the answer.
The superintendence, direction and control of the preparations of the electoral rolls for, and the conduct of all elections to Parliament and State legislatures and to the offices of President and Vice President is vested in the Election Commission. By a reading of Article 324(2), it is clear that the Chief Election Commissioner is a must. However, the number of other Election Commissioners may be optional. Presently, the Election Commission consists of the CEC and two other members. In view of Article 324 (3), the CEC shall be the Chairman.
The correct legal position as laid down by the Supreme Court of India in T.N. Seshan vs Union of India (1995) is as follows: “The provision that the ECs and the RCs once appointed cannot be removed from office before the expiry of their tenure except on the recommendations of the CEC ensures their independence. Of course, the recommendation for removal must be based on intelligible, and cogent considerations, which would have relation to efficient functioning of the Election Commission. That is so because this privilege has been conferred on the CEC to ensure that the ECs as well as the RCs are not at the mercy of political or executive bosses of the day. This check on the executive’s power to remove is built into the second proviso to clause (5) to safeguard the independence of not only these functionaries but the election Commission as a body
election commission is superior.
hope it helps....
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