Relevance : GS Paper II
Theme of the Article
The Election Commission must be unfailingly strict in ensuring a fair election.
Why has this Issue been Raised?
Recently, after the criticism of the Supreme Court, the Election Commission of India stirred from slumber amid repeated violations of the law and transgressions of the Model Code of Conduct in the ongoing election campaign.
What Action did EC Take?
- The EC had appeared to be willing itself into inaction amid a flurry of abusive and divisive speeches by pleading powerlessness to act.
- After, the Supreme Court came down heavily on the EC for its lack of initiative in enforcing the law, it cracked the barred four leaders accused of intemperate speeches from campaigning for varying durations of time.
What are the Powers of EC?
- Article 324 of the Constitution gives the commission the powers of “superintendence, direction and control” of elections.
- Through the Representation of the People Act, other rules and orders, by the apex court and the EC, the system governing the Indian electoral process has evolved, and continues to do so.
- The EC has powers to deal with newer challenges that crop up, such as the easy dissemination of misinformation with the help of technological tools in recent years.
Way forward of EC
- While responding to new situations by changing the legal architecture is essential, the EC needs to build upon a fundamental premise of the rule of law, which is, ‘be you ever so high, the law is always above you.’
- The commission has in the past shown the capacity to come up with creative solutions that adhere to both the spirit and the letter of the law. These examples should encourage the EC to find strength in its constitutional mandate and not plead helplessness in the face of challenges to its authority.
- The Supreme Court should keep making the EC conscious of its own powers.
Conclusion
The EC needs to do much more to be seen as a fair referee. The EC may end up expending the accumulated trust in the institution if it does not consistently and unfailingly demonstrate efficiency and neutrality in enforcing the law and the MCC.
