GS2 · 15 marks · 250 words

Discuss the role of the Supreme Court of India in strengthening the hands of the Election Commission in the discharge of its constitutional responsibility of conducting free and fair elections in the country.

Answered by 4 toppers · CSE 2023–2024

Syllabus: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

How toppers approached it

From all 5 answers · about 330 words · 40% drew a diagram.

Opening

  • A definition40%
  • A constitutional or legal provision40%
  • No separate opening20%

Body

  • Points and prose60%
  • Points40%

Close

  • A way forward80%
  • No separate close20%

The toppers’ answers

NausheenAIR 9 · CSE 2023 · 225 wordsTheir whole copy

Opening · a constitutional or legal provision

Article 324 provides for an election commission of India for conducting "free and fair" elections in the country.

Role of Supreme Court in strengthening the hands of Election Commission of India

Body · points and prose

(1) Strengthening the independence of election commission eg) In Anoop Baranwal case, SC held that CEC would be elected by 3 member panel :-

Diagram
CJI | CEC / \ PM Leader of Opposition

(2) giving it varied powers to conduct free and fair elections. Eg) SC in Mohinder Singh Gill case held that Election Commission of India has plenary powers for conducting elections. (3) ensuring absolute neutrality of CEC. Eg) SC in TN Seshan case upheld the independence of EC.

However, there are certain shortcomings that still exist :-

(1) The ruling of Anoop Baranwal has been overturned by introduction of a bill recently to remove CJI from the panel. (2) even the presence of CJI doesn't ensure absolute neutrality of CEC. (3) ECI doesn't have powers to enforce Model Code of Conduct. eg) NaMo TV was launched before elections. (4) It cannot prevent criminalisation of politics in India (currently 43% LS).

way forward (1) State funding of elections (Indrajit Goswami Committee). (2) strengthening ECI by giving it powers of enforcement of orders. (3) creating cadre of election commissioner to ensure free and fair elections.

Close · a way forward

free and fair elections are bedrock of indian democracy and for it position of ECI must be strengthened.

More on Constitutional Bodies

Appointment, powers and functioning of bodies the Constitution creates.

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