Election Commission

Every civilized nation is governed by Rule of  Law made by its sovereign body to be complied by the people of nation if it desires to be orderly.The paramount document for the governance of the nation is Constitution which varies in length. US have smallest 1Constitution which have only 7 sections with a few amendments, India have longest constitution with 395 Articles with 10 Schedules and have witnessed more than 100 amendments ,the first amendment came in 1951 itself. I mean to add the Government of the day could not tolerate and respect the constitution even for one year. Britain has no written constitution but still the Great Britain administration and its courts run the nation on common law basis.
In India any law passed by the legislatures can be annulled by the Courts but in Britain legislations can not be struck off by the Courts.Courts can only use power of interpretation while it deals with the legislations.
Article 324 of the Constitution speaks about conduct,control and superintendence of election in India by a body called Election Commission of India which is supreme in all matters connected with the election from the date of notification of election till constitution of the Legislatures. Even Courts do not interfere in any matters relating to conduct of the election. The Election Commission have constitutional protection as the members of the commission can not be removed except in accordance with Article 124 of the Constitution, meaning thereby by way of impeachment which is applicable to Judges of the Supreme Court.Such is the protection provided to members of the Election Commission.
On the notification of election the President of India and Governor of the states place all the members of bureaucracy at the disposal of the Election Commission which obey all orders of the Commission. Temporarily the Central and State governments loose all control over their bureaucracy till election comes to an end.
Under the Representation of Peoples Act,all elections can be challenged by way of election petition to be presented to respective High Courts only and in no other way.
Since inception, only retired bureaucrats are appointed as Election Commissioners which is going on till date which at times invites seething attack by the politicians. Since politicians have to abide by all directions,they can not but obey the directions but use unsavoury language against the Commission. No doubt the conduct of election is a stupendous task which Election Commission have to perform which the Commission have performed with efficiency but at times unpleasant controversies take place which becomes ugly and gives impression of partisan behavior. Nonetheless, Election Commissions have done commendable jobs and performed largely in non partisan manner.


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AK Srivastava

The author Sh. A.K. Srivastava (@aksrivastava232) is Senior Advocate in Supreme Court of India, New Delhi where he is practicing since last 40 yrs. He had been Advocate General of Govt. of Sikkim & was Hon.Secretary of Supreme Court Bar Association for two years( 1991-92,1992-93).
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4 comments

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  • You are right ! Be it EC-members ,commencing from their appointment onwards to their style and manner of pronouncements made on various complaints lodged with the Commission reeks of absolute ‘allegiance’ to political ‘dispensation’ that appoints them for the coveted ,plum postings.

    Just as judicial officers at highest levels vie with set unspelt-out patterns to ‘rise’ high in their line of calling , likewise ,the quasi-judicial & ‘autonomous’ ones indulge in kho-kho style of gamesmanship to get chosen.

    You know better of course!

    If Seshan was one era of EC, appointing Krishnamurthy and later CECs became cause for plentiful debates .

    The incumbent mr.Sampath when he served in APP State as the EC was quite sympathetic in an election petition/complaint I had preferred whilst advising both the Parliamentary & the State Legislature parties of the BJP . He had fully accepted my submissions on the inadequacy of existing provisions in the Constitution of India . So, certain of his actions in recent past resulted in raising eyebrows.

    Your article holds the answer to this man-made puzzle of silence, supremacy & independence of the Election a commission .

    Jai Hind!

  • I fully support author’s views..Election Commission of India has indeed shown a great zeal in conducting polls/elections….Thank you 🙂 for sharing details pertaining to Election Commission of India…