Election Commission Powers and Functions of Election Commission

Summary

This video lecture provides a comprehensive overview of the Election Commission of India, focusing on its executive or administrative functions as outlined in Article 324 of the Indian Constitution. It discusses the commission's responsibility for conducting elections to the offices of the President, Vice President, Parliament, and state legislatures. The lecture covers the commission's powers, including overseeing election procedures, managing electoral roles, enforcing the electoral code of conduct, and ensuring fair elections. It also explores the commission’s role in ensuring transparency, regulating election expenditure, and removing disqualifications. Judicial review and notable court rulings related to these powers are also highlighted.

Takeaways

• 😀 The Election Commission of India oversees elections for the offices of the President, Vice President, Parliament, and State Legislatures.
• 😀 The powers of the Election Commission are defined in Article 324 of the Indian Constitution, which grants the commission the responsibility for superintendence, direction, and control of the election process.
• 😀 The Election Commission has executive, judicial, and legislative functions, with the video focusing on its administrative or executive functions.
• 😀 The commission is empowered to prepare electoral rolls, conduct elections, and ensure smooth and fair election processes.
• 😀 The Election Commission can intervene in exceptional circumstances to ensure that elections are conducted transparently and fairly, including regulating the use of loudspeakers for electoral purposes.
• 😀 The commission has the authority to postpone elections if conditions are unsuitable for free and fair voting, but such decisions are subject to judicial review.
• 😀 The Supreme Court has ruled that the Election Commission can oversee election expenditure to ensure transparency and fairness, and political parties must disclose their spending details.
• 😀 The Election Commission has the power to remove disqualifications arising from criminal convictions, allowing individuals to participate in elections after the removal of such disqualifications.
• 😀 The commission can order re-polls in constituencies if election integrity is compromised, such as due to a breakdown in law and order during polling or counting.
• 😀 The Election Commission plays a critical role in ensuring free, fair, and transparent elections through its wide range of powers, including overseeing voter education and electoral reforms.

Q & A

What are the main responsibilities of the Election Commission of India?

The Election Commission of India is responsible for the conduct of elections to the offices of the President and Vice President of India, as well as to both houses of Parliament and state legislatures.

What functions does the Election Commission primarily exercise?

The Election Commission primarily exercises administrative or executive functions, but it also has judicial and legislative functions.

Where are the powers and functions of the Election Commission enshrined?

The powers and functions of the Election Commission are enshrined in Article 324 of the Indian Constitution, under Part 15.

What does Article 324 of the Constitution empower the Election Commission to do?

Article 324 empowers the Election Commission with the superintendence, direction, and control over the entire process of conducting elections, including preparing electoral rolls and overseeing elections for Parliament, state legislatures, and the offices of the President and Vice President.

What does the term 'superintendence, direction, and control' mean in the context of Article 324?

The term 'superintendence, direction, and control' in Article 324 refers to the broad powers of the Election Commission to manage and ensure the smooth conduct of elections, including setting the electoral code of conduct, voter education, and electoral reforms.

Can the Election Commission cancel an election in a constituency?

Yes, the Election Commission has the power to cancel an election in a constituency and order a fresh poll if there is a breakdown of law and order during the polling or counting of votes.

What was the significance of the Supreme Court ruling in the case of Election Commission of India vs AIA DMK 1994?

In this case, the Supreme Court upheld the powers of the Election Commission under Article 324, but also modified the Commission's order limiting the use of loudspeakers during elections, balancing the need for public peace and electoral rights.

How does the Election Commission ensure transparency in the election process?

The Election Commission ensures transparency by overseeing election expenditure and requiring political parties to submit expenditure details for scrutiny. It can also issue directions to maintain the purity of elections and bring transparency to the process.

What is the Election Commission's role in removing disqualifications arising from criminal convictions?

The Election Commission has the authority to remove disqualifications for voting or standing as a candidate if the individual has been convicted of a specified offense, in certain circumstances.

What did the Supreme Court rule in the case of Union of India vs Association of Democratic Reforms 2002?

In this case, the Supreme Court directed the Election Commission to require candidates to file affidavits detailing personal information to stop the criminalization of politics and ensure that voters are fully informed about the candidates they are voting for.