Election Commission Legislative Function of Election Commission

Summary

This video lecture explores the legislative functions of the Election Commission of India, emphasizing its lack of legislative power and reliance on Parliament for election-related laws. The speaker discusses significant court cases, illustrating how the Supreme Court has interpreted the Commission's authority under Article 324. While the Election Commission can issue binding directions to electoral officers, these do not equate to law. The video concludes by highlighting the Commission's role in ensuring free and fair elections, reinforcing its importance in India's democratic framework.

Takeaways

• 📜 The Election Commission has no legislative power but can issue directions under Article 327.
• 🏛️ Parliament is responsible for making provisions related to elections, including electoral rolls and constituency delimitation.
• ⚖️ The Supreme Court ruled in the 1984 case that the Election Commission cannot change the voting system, which is under Parliament's jurisdiction.
• 🚫 Article 324 grants the Election Commission executive powers but not legislative powers concerning elections.
• 🔄 Without statutory provisions from Parliament, the Election Commission's directions do not equate to law.
• 📋 Directions issued by the Election Commission to Chief Electoral Officers are binding but do not create new rights or obligations.
• 👥 The Election Commission evolves a Model Code of Conduct for regulating political parties and candidates during elections, which has moral but not legal binding.
• 🧑‍⚖️ The Supreme Court clarified in 1978 that Article 324 operates in areas unoccupied by legislation, providing the commission with broad powers.
• 🔍 The Election Commission's efforts are crucial for ensuring free and fair elections, acting as a safeguard for democracy.
• 🇮🇳 The Election Commission contributes significantly to India's democratic process by ensuring every citizen's voice is heard.

Q & A

What is the legislative function of the Election Commission of India?

The legislative function refers to the rule-making power of the Election Commission. However, the Election Commission does not have legislative powers in relation to elections. Instead, Parliament has the authority to make provisions related to elections, such as preparing electoral rolls and delimiting constituencies.

Can the Election Commission make laws regarding elections?

No, the Election Commission cannot make laws regarding elections. It can issue directions under Article 324 of the Constitution, but these directions do not equate to laws. Only Parliament has the power to legislate on matters related to elections.

What role does Parliament play in election-related matters?

Parliament holds the legislative authority over all election-related matters, including the preparation of electoral rolls, delimitation of constituencies, and other regulations necessary for elections. According to the Constitution, Parliament is the sole body that can make laws regarding elections to Parliament or State legislatures.

What is the significance of the case 'Ajooose vs. Shivan P. (1984)' in relation to the Election Commission?

In the 'Ajooose vs. Shivan P. (1984)' case, the Supreme Court ruled that the Election Commission's order to use electronic voting machines during Kerala's Legislative Assembly election was without jurisdiction. The Court clarified that changing the voting system falls under Parliament’s legislative domain, not the Election Commission’s executive power.

What did the Supreme Court conclude in the 'Lakshmi Charan Sen vs. AKM Hussein Uwal (1985)' case regarding the Election Commission's directions?

The Supreme Court concluded that although the Election Commission's directions are binding on Chief Electoral Officers, they cannot be treated as law. Violating these directions does not result in the invalidation of an election.

What is the Model Code of Conduct, and what is its legal standing?

The Model Code of Conduct is a set of norms laid out by the Election Commission to regulate the conduct of political parties, candidates, and governments during election periods. However, it does not have legal binding power. It holds moral value, and the Election Commission points out infractions when they occur.

What is Article 324, and what powers does it confer to the Election Commission?

Article 324 of the Indian Constitution grants the Election Commission the power of superintendence, direction, and control of all elections. However, the Supreme Court has interpreted it as a source of executive powers, not legislative powers, and it operates where the law is silent.

In the 'Mohindra Singh Gill vs. Chief Election Commissioner (1978)' case, how did the Supreme Court interpret Article 324?

The Supreme Court in this case explained that Article 324 is a 'reservoir of power' for the Election Commission, allowing it to act in areas left unoccupied by legislation. This power is intended to ensure free and fair elections when the law does not provide explicit guidance.

What is the primary difference between executive and legislative powers as discussed in the context of the Election Commission?

The primary difference is that executive powers involve implementing and managing elections, while legislative powers involve creating laws. The Election Commission holds executive powers, such as issuing directions and overseeing elections, but does not have the authority to create laws concerning elections.

How does the Election Commission contribute to ensuring fair elections in India?

The Election Commission acts as a crucial body for ensuring free and fair elections by overseeing the electoral process, issuing directions, and enforcing the Model Code of Conduct. It ensures that the elections are conducted in a transparent, impartial, and efficient manner, but its role is confined to executive functions.