Discuss the role of SC of India in strengthening the hands of EC in discharge of its Constitutional, responsibility of conducting free & fair elections in the country.
Main Body
Article 329 gives power to Election Commission EC to conduct free & fair elections. But it faces several limitation & which has been helped by Supreme Court in various case. Cases of SC: (1) T.N shekhary V. UOI: SC held that election commissioners & chief election commissioners have equal power & decision to be taken by majority (2) Anoop tewania Case 2023: Recently SC held that appointment of chief election commissioner should be done by Committee consisting of CJI+ PM + Leader of Opposition. (3) A.D.R V.s. UOI 2002: Candidates have to declare their criminal backgrounds in the affidavit (4) Lok prahari V.s UOI: Candidates have to declare their source of income, assets & liabilities. (5) In february 2020 judgment SC held that parties have to publish details of candidates with criminal background on its website & also explaining reasons for selecting over other candidate. (6) Peoples Union of Civil Liberties V.s. UOI: SC held that 'immediate disqualification' of candidate from date of conviction (Shut down section 8(4) of RPA 1951).
— Abhishek Singh
Abhishek Singh
Salient Features of the Representation of People's Act
Elections
Role of SC in Electoral Disputes
171
Total words
1
Paragraphs
case-based
Tone