Aishwarya Lakshmi
The Constitution of India apart from dealing with the three primary powers - Legislature, Executive and Judiciary - at both the Central and State Level also deals with other ancillary powers like Union Public Service Commission (UPSC), State Public Service Commissions (SPSC), National Commission for Scheduled Castes, National Commission for Scheduled Tribes, Finance Commission, GST Council, etc.
One of the main constitutional authorities is the Election Commission of India which derives its authority from Article 324 of the Constitution of India.
Role and Composition of ECI
The Election Commission of India [ECI, hereinafter] is vested with powers to administer elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India and the Offices of the President and Vice President in India.
The ECI shall consist of the Chief Election Commissioner (CEC) and other Election Commissioners (EC) as may be appointed by the President. The CEC is a permanent incumbent while the EC are temporary. However, as per T. N. Seshan v. The Union of India, CEC and EC have the same powers.
Power of “Superintendence, Direction and Control”
ECI is vested with the powers of ‘superintendence, direction and control of the elections’ it administers.
The term election itself is an all-encompassing term commencing from the initial notification and ending with the declaration of return of the candidate as per MS Gill v. Chief Election Commissioner.
The three words ‘superintendence, control and direction’ are a reservoir of residuary power ,and these powers are given to the ECI contemplating ‘free and fair elections’ which form the touchstone of democracy.
However, this power is always subservient to the ‘Rule of Law’. In the case of AC Jose v. Sivan Pillai, the Supreme Court held that when the Representation of People’s Act, 1951 prescribed a procedure for voting, the ECI was not allowed to innovate a new method of voting (Electronic Voting Machines). Thus, the first-ever election using EVMs in India, held at Parur Assembly Constituency, Kerala was annulled by the Supreme Court!
Role of Legislature and Judiciary
Interestingly, the power to make laws and provisions is vested with the Central Government and the State Governments respectively, through Articles 327 and 328 of the Constitution of India whereas the Courts are barred from interfering in electoral matters of delimitation of constituencies or allotment thereof under Article 329. The only way to question an election in a Court is through Election Petition under Article 329(b).
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