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NANCY SINGHAIR 34· 2025

Question Q.6GS2GS2

Describe the legal and administrative powers vested in the Election Commission to conduct elections. Assess the effectiveness of the ECI in exercising its powers independently and impartially, and suggest reforms to strengthen its functioning.

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Main Body

Ans-6: Election Commission of India is an independent body under Article 324 Part XVI which has been given the power of superintendence, direction and control of elections of Parliament, State legislature, President and Vice-President. LEGAL AND ADMINISTRATIVE POWERS (1) To prepare electoral rolls. (2) To determine the model code of conduct for voters, as well as, electors. (3) To register political parties and give the recognition. (4) To determine territorial constituency based on delimitation Act. (5) To settle disputes arising for the election symbols as per Election Symbols Act.

6To scrutinize nomination filed by the candidates. (7) To give advise to President and Governor regarding disqualification. (8) To settle disputes related to election petition. ECI EXERCISING POWERS INDEPENDENTLY A Yes Power to cancel elections in case of booth capturing, rigging and chief Election Commissioner and the two commissioners can be removed in the manner similar to that of judge of Supreme court. Security of tenure & conditions of service cannot be altered to their disadvantage. Use of e-VIGIL app for recording malpractices and flying squad appointed to enforce MCC B No Salaries are not charged upon CPI. Net debarred from apportionment.

No same protection CEC and other election commissioners. Cannot deregister a political party. No legal backing to enforce MCC. Depends on government for necessary staff. REFORMS TO STRENGTHEN FUNCTIONING (1) As per the recommendation of Law Commission, the salaries must be charged upon CPI. (2) NTPC Aeosp baranwaal case v/s UOI 2023, PM, leader of opposition and CJI must recommend it appointment. (3) Power to deregister political party must be given. (4) Legal backing to MCC. (5) Use of updated technology in EVM. ECI is a bulwark of democratic government. Reforms must be taken to uphold the true essence of democracy.

— NANCY SINGH · AIR 34

293 words1 paragraphs

Conclusion

ECI is a bulwark of democratic government. Reforms must be taken to uphold the true essence of democracy.

18 words

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Topper

NANCY SINGH

AIR 342025

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Elections

Election Commission Powers and Functions

Writing Stats

311

Total words

1

Paragraphs

structured, formal, bullet-point format

Tone

Linked PYQ

Rajesh is a Group A officer with nine years of service. He is posted as Administrative Officer in an Oil Public Sector undertaking. As an Administrative Officer he is responsible for managing and coordinating various administrative tasks to ensure smooth functioning of office. He also manages office supplies, equipment etc. Rajesh is now sufficient senior and is expecting his next promotion in JAG (Junior Administrative Grade) in the next one or two years. He knows that promotion is based on examination of ACRs/Performance Appraisal of last few years (5 years or so) of an officer by a DPC (Departmental Promotion Committee) and an officer lacking requisite grading of ACRs may not be found fit for promotion. Consequences of losing promotion may entail financial and reputational loss and set- back for career progression. Though he also puts his best efforts in official discharge of his duties, yet he is unsure of assessment by his superior officer. He is now putting extra efforts so that he gets thumping report at the end of financial year. As Administrative Officer, Rajesh is regularly interacting with his immediate boss, who is his reporting officer for writing his ACR. One day he calls Rajesh and wants him to buy computer- related stationery on priority from a particular vendor. Rajesh instructs his office to initiate action for procuring these items. During the day, the dealing Assistant brings an estimate of Rupees Thirty Five Lakhs covering all stationery items from the same vendor. It is noticed that as per delegated financial powers, as provided in the GFR (General Financial Rules) as applicable in that Organisation, expenditure for office items exceeding Rupees Thirty Lakhs requires sanction of the next higher authority (boss in the present case). Rajesh knows that immediate superior would expect all these purchases should be done at his level and may not appreciate such lack of initiative on his part. During discussions with office, he learns that common practice of splitting of expenditure (where large order is divided into a series of smaller ones) is followed to avoid obtaining sanction from higher authority. This practice is against the rules and may come to the adverse notice of Audit. Rajesh is perturbed. He is unsure of taking decision in the matter. (a) What are the options available with Rajesh in the above situation ? (b) What are the ethical issues involved in this case ? (c) Which would be the most appropriate option for Rajesh and why ?

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