Explain the Advisory Jurisdiction & Quasi-Judicial Functions Election Commission of India. What imperfections do you find constitutionally w.r.t Election Commission of India?. How was the model code of conduct evolved by the Election Commission of India?.
- Election Commission of India is a permanent Constitutional Body. The Election Commission was established in accordance with the Constitution on 25th January 1950. Originally the commission had only one election commissionerbut after the Election Commissioner Amendment Act 1989, it was made a multi-member body.
- The Election Commission shall consist of the Chief Election Commissioner (CEC)and such number of other election commissioners, if any, as the President may from time-to-time fix.
- Presently, it consists of the CEC and two Election Commissioners.
- At the state level, the election commission is helped by the Chief Electoral Officer who is an IAS rank Officer.
Advisory Jurisdiction & Quasi-Judicial Functions
- Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
- The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.
- Further, the cases of persons found guilty of corrupt practices at elections which come before the SC and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period.
- The Commission is vested with quasi-judicial power to settle disputes relating to splits/ mergers of recognised political parties.
- The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law.
Imperfections
- The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
- The Constitution has not specified the term of the members of the Election Commission.
- The Constitution has not debarred the retiring election commissioners from any further appointment by the government.
Evolution of MCC
- The model code refers to a set of norms laid down by the Election Commission of India, with the consensus of political parties. It is not statutory. It spells out the dos and don’ts for elections. Political parties, candidates and polling agents are expected to observe the norms, on matters ranging from the content of election manifestos, speeches and processions, to general conduct, so that free and fair elections take place.
- The EC traces its introduction to the 1960 Assembly elections in Kerala. During simultaneous polls to the Lok Sabha and Assemblies in several States in 1962, the EC circulated the code to all recognised parties, which followed it “by and large”. In October 1979, the EC came up with a comprehensive code that saw further changes after consultations with parties.
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