Pranam The constitution authority one limb cannot decry over another but today's paper reports pIRASISOODEN empowered the media; if so can the Media write tomorrow on other Pillars and it will be digested? OMG Below: *election Commission**:*
Like the Comptroller and Auditor General, the Election Commission is also a constitutional Authority which means that its functions are derived from the constitution. Elections are parts of democracy because people elect their representatives through elections. Art. 324 says: The superintendence, direction and control of the preparation of the electoral roles for, and the conduct of, all elections to parliament and to the legislature of every state and of election to the offices of President, Vice-President held under this constitution shall be vested in a Commission referred to in this Constitution as the Election Commission. We thus find that for the election of President, Vice-President parliament and state legislatures the framers of our constitution made provision for setting up an Election Commission. The Representation of People’s Act, 1951, has also referred to the Election Commission (Part IV, Section 19A). The Election Commission will conduct election on the basis of two general principles. One is that election will be held on the basis of universal adult franchise which means that every citizen of India above the age of 18 shall -have the right to vote. Of course he will not be declared invalid by any provision of the constitution. There is another principle. In India there shall be only one electoral roll. In this electoral roll there shall be made no mention of caste, creed or religion or status. So far as the constitution of the Election Commission is concerned our Constitution declares that the Election Commission shall consist of the Chief Election Commissioner, and such number of other Election Commissioners as the President may from time to time fix. The appointment of the Chief Election Commissioner and other Election Commissioners shall be made by the President subject to the law made in that behalf by parliament. It is clear that the parliament has full authority to make law in regard to the constitution of Election Commission and the President is the final authority to endorse the law and appointment of Election Commissioners. When any other Election Commissioner is appointed the Chief Election Commissioner will act as the Chairman of the Election Commission. In India there is only one centralised Election Commission. A critic observes: The centralised election machinery has stemmed from the national urge to curb and thwart any intention of the state governments to project regionalism into the preparation of the electoral list. Though in nature India is a federal state, in function and other affairs it is a unitary state. The constitutional units of Indian federation have no freedom in the conduct and management of election. The election to the state legislatures is under the full control of the Election Commission. In every state there exists an election department which works under the authority of Chief Electoral officer. Section 20A of the People’s Representation Act, 1951, says: Subject to the superintendence, direction and control of the Election Commission, the-chief electoral officer of each state along with district election officer shall co-ordinate and supervise all works relating to election. Disputes in respect of election, may arise and if these are not constitutionally settled that may give rise to deeper and complicated issue and instability. For this Art 329 provides: no election to either house of parliament or to the house or either house of the state legislature shall be called in question except by an election. Petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislation. The People’s Representation Act, as it stood on 2001/provides that only the High Court has jurisdiction to try an election petition (80A). We think that our Election Commission is one of the important pillars of democracy. The other pillars are: CAG, Public Service Commission and Judiciary, S. R. Maheswari says “The Election Commission is among the four institutional bulwarks of our democracy, the other three being the Supreme Court, the Comptroller and Auditor General of India and the Public Service Commission”. During the past several decades the Election Commission along with the state election bodies have done yeoman service. The performance of our Election Commission has received applause from almost all national corners. Even many foreign states have eulogised the efficiency and working of our Election Commission. The pillar of our democracy is a representative system and the Election Commission is making all sorts of efforts to make it fool-proof. But there is a tragic side, In spite of all the efforts of the Election Commission, money and muscle power is substantially vitiating the election process. Large number of corrupt and tainted persons are elected to the state legislature and the lower house of Union Parliament The Election Commission has approached the Union Government to make proper laws and amend the Representation of the People’s Act, 1951. The purpose is to debar the tainted and corrupt men from getting elected. The greatest tragedy is that neither the Central Government nor the political parties are rising to the occasion. -- You received this message because you are subscribed to the Google Groups "Thatha_Patty" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To view this discussion on the web visit https://groups.google.com/d/msgid/thatha_patty/CAL5XZooMZyMiaFv%3Dxqxn5cA9Ek4riHhGMgZqm4BTVBdSEyad%3Dw%40mail.gmail.com.
