Article, Paragraph, Essay on “Power of Election Commission under Article 324” article for Class 10, Class 12, Graduation Classes and descriptive examination

Power of Election Commission under Article 324

The Election Commission appear to offer an thought that it would be contented if the elections would be conducted in a calm manner, irrespective of the fact, whether it is conducted in free and fair manner. There are number of cases of money power and muscle power being used in the elections and in most of such cases, Election Commission has remained quiet. The move toward of the Election Commission has actually emboldened the criminal and shady people to enter into electoral dispute. The Article 324 of the constitution mainly empowers the Election Commission to implement its powers to prevent criminals and corrupt persons from entering politics. The circumstances of broad amplitude and approve the Election Commission to take choice to deal with the concern of decriminalize Indian politics.

The constitution makers have missing Article 324 in this way, to cover way for the Election Commission to use its powers to conduct elections in fair and free manner based on the emergency of the situation and the ground realities. The Election Commission and its operation form a part of lex specialis and it is major to appreciate that by way of its performance in times of requirement, it is not in flouting of the constitutional laws but it is well equipped and constitutes an appropriate organ. The Election Commission has the inherent power for those persons from contesting election, against those corruption and criminal charges have been admitted in the court. The notion of inherent powers is basically a principle of natural law that it remains unchanged. It is also a virtue of human value.

Election Commission should obviously declare that with those accused of crime and corruption contesting, the elections cannot be free and fair and therefore those persons should be banned from contesting election against which corruption and criminal charges have been admitted in the court. There is every reason for the Election Commission to act firmly, considering the fact that fair elections are a part of Human Rights. The thought of free and fair and the genuine election/right to vote through the means established in the constitution is also basically a Human Right as per the International Human Rights Law. The consideration of criminalization of politics itself constitutes a crime.  The Constitution is an Organic/Living document; therefore, it should be copiously interpret, wherein it is to address the needs of the future societies. It has been familiar several times that constitution enacted several decades back need to be amended in tune with the changing times and aspiration of the people. The whatever judgment of Supreme Court has given earlier with regard to powers of Election Commission need not be considered as sacrosanct, since judiciary itself has revised several of its verdicts in the past.  The any move of the Election Commission to bar persons from contesting, need not be considered as disobedience of the Supreme Court’s directives. This is because such orders have been given by Apex Court in some other context at some other time in the past, when conditions were different. The Election Commission has sent number of recommendations for electoral reforms to the government and almost all of them have been ignored. Election Commission should not be satisfied by sending recommendations and thinking that it has done its duty. This is more so because in the present conditions, where public concern and anger about corruption in national life is widespread, it should move beyond obligation and fulfill its larger duty and responsibility. The fact that there is a silent majority among the people building in the country to bar those persons from contesting elections against which corruption and criminal charges are admitted in the court, it should spur the Election Commission to act, all the more in its realization of its duties and responsibilities towards the Constitution and people of the country.