Roadmap for Answer Writing 1. Introduction Define the Principle of Separation of Powers: Briefly explain the doctrine of separation of powers, which ensures the independence of the three branches of government: the Legislature, Executive, and Judiciary. Mention how the Indian Constitution reflects ...
Model Answers Provisions Ensuring the Independence of the Election Commission of India The Election Commission of India (ECI) plays a critical role in ensuring free and fair elections in the country. The Indian Constitution incorporates several provisions to safeguard the independence of the ECI, maRead more
Model Answers
Provisions Ensuring the Independence of the Election Commission of India
The Election Commission of India (ECI) plays a critical role in ensuring free and fair elections in the country. The Indian Constitution incorporates several provisions to safeguard the independence of the ECI, making it an autonomous body. Below are the key provisions that ensure the Commission’s independence:
1. Constitutional Status (Article 324)
The Election Commission is established under Article 324 of the Indian Constitution, which grants it constitutional status. This provision ensures that the ECI operates as an autonomous entity with its powers and functions clearly defined. It cannot be undermined or dissolved by any other public institution, reinforcing its independence in administering elections across India.
2. Security of Tenure
The Chief Election Commissioner (CEC) is provided with security of tenure under the Constitution. According to Article 324(5), the CEC can only be removed from office on the same grounds as a judge of the Supreme Court, i.e., through a resolution passed by both Houses of Parliament with a special majority. This provision ensures that the CEC is not removed at the whim of the executive, providing a safeguard against political interference.
3. Stable Service Conditions
The service conditions of the CEC cannot be altered to their disadvantage once appointed, ensuring stability and independence. This provision protects the CEC from any undue pressure or coercion by the government of the day.
4. Authority over Election Process
Under Article 324, the Election Commission is vested with the power of superintendence, direction, and control of elections. This grants the ECI significant autonomy to make decisions related to the election process, including the postponement or cancellation of elections, recounting of votes, and transfer of officers. These powers ensure the Commission’s ability to conduct free and fair elections without external interference.
Conclusion
While concerns regarding the appointment process of Election Commissioners persist, the constitutional provisions outlined above provide a robust framework for the independence of the Election Commission of India. The Commission’s role in ensuring democratic integrity in elections is fundamental to India’s electoral system.
See less
Model Answers Introduction: Separation of Powers in India The doctrine of separation of powers is a foundational principle of the Indian Constitution. It ensures that each branch of government—Legislature, Executive, and Judiciary—operates independently without infringing upon the functions of the oRead more
Model Answers
Introduction: Separation of Powers in India
The doctrine of separation of powers is a foundational principle of the Indian Constitution. It ensures that each branch of government—Legislature, Executive, and Judiciary—operates independently without infringing upon the functions of the others. Articles 122, 121, and 212 provide mechanisms to maintain this separation between the Legislature and Judiciary, with the aim to prevent judicial overreach.
Judicial Activism and Its Impact
Despite these constitutional provisions, judicial activism in India has often blurred the lines between the roles of the Legislature and the Judiciary. Judicial activism refers to instances where the judiciary intervenes in matters traditionally within the domain of the legislature, arguing that the courts have a role in addressing issues of public concern.
Public Interest Litigations (PILs)
Judicial activism in the form of Public Interest Litigations (PILs) has seen the judiciary stepping into legislative roles. For example, in Vishaka vs. State of Rajasthan (1997), the Supreme Court laid down sexual harassment guidelines for workplaces, assuming a legislative function until Parliament passed a law. This was viewed as the judiciary encroaching upon the legislative domain.
Law-making and Judicial Review
Another example of judicial activism is the Kesavananda Bharati (1973) case, where the Court limited Parliament’s power to amend the Constitution, invoking the “basic structure” doctrine. Similarly, in striking down the National Judicial Appointments Commission (NJAC) Act, the Supreme Court intervened in a matter that could be considered the domain of the legislature.
Conclusion: Judicial Overreach and the Thin Line
While judicial activism can play a crucial role in enforcing constitutional principles and protecting citizens’ rights, it raises concerns about judicial overreach when the judiciary impinges upon legislative powers. Therefore, maintaining a balance is essential for upholding the principle of separation of powers in India.
Sources:
- Vishaka vs. State of Rajasthan (1997)
- Kesavananda Bharati vs. State of Kerala (1973)
- NJAC Case (2015)
See less