POWERS OF ELECTION COMMISSION

INTRODUCTION

Election Commission of India is a constitutionally requisitioned body who is fostering democratic process in India by conducting free and fair elections. Election Commission of India was established in 1950, which works on the stamps proffered by the article 324 of the constitution of India as well as the Representation of People Act, 1951.

As said by Peggy Noonan, “Our political leaders will know our priorities only if we tell them, again and again, and if those priorities begin to show up in the polls.” Therefore, article 21 of the Universal Declaration of Human Rights (UDHR) outlines will of the people should be the basis of the government authority and everyone has the right to take part in the government.

POWERS OF THE ELECTION COMMISSION OF INDIA

The Election Commission of India is the backbone for free and fair election as they toil and prepare electoral rolls and superintendence the conduct of all the elections which occurs in our country. India is bestowed on the Election Commission for all the duties they provide for the proper functioning of the election. The power has been bestowed to them unless and until the existing laws by the parliament are not contravened. In C.Jose v. Sivan pillai, the Supreme Court of India has to be read together with the powers given to legislature under 72 of the Union list and 37 of the state list in the seventh schedule to the Constitution of India. It was further commented that the Commission could not take upon purely legislative activity, which it reserved for parliament and state legislature under the constitution.

• The expenses made during election can be questioned by the Election Commission of India uninterrupted by the expenditure observers designated from the Indian Revenue Service. They scrutinize on the individual account of election expenditure.

• The can outlaw various voting trends like opinion polls or exit polls as it spread evasive information throughout the people.

• Re polls are conducted by the commission if there is a breakdown of law and hooliganism. This happens at the time of polling or duration of counting votes within 10 days from last date of filling the returns.

The Election Commission of India act as a spine for the government and have ample tally of laws for efficacious work.

Section 29(a) of the Representation of People Act,1951 presides over the registration of political parties. From January, 2020, parties or applicants are able to track the status of their application through, “Political Parties Registration Tracking Management System (PPRTM)” launched by the commission. They will get the update about their application through SMS and E-mail.

STUMBLING BLOCK

The main drawback for the Election Commission of India countenance in Section 29(A) of the Representation of People Act 1951 as it does not dispense any power to the commission to deregister the political parties even if they are indulged in any crime. The Commission also faces stigma about working inappropriately and being prejudice.

CONCLUSION

Systematic Voter’s Education and Electoral Participation (SVEEP) was a programme of 2018 launched by the Election Commission of India. The result was flabbergasting as it showed the highest ever turnout in a general election i.e 67.11 per cent. Election Commission has fixed a limit on expenditures of candidates on election campaign in order to curb their bad influence on their supporters. According to a data, in 2004, the ceiling limit for lok sabha seats varied between 10,00,000 to 25,00,000 and for assembly seats it varied between 5,00,000 to 10,00,000.

Nevertheless, the Election Commission of India is one of the nonpareil bodies who ramificate for the amelioration of the country.

 

 

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