The Election Commission of India (ECI) appears to supply a thought that it might be contented if the elections would be conducted in an exceedingly calm manner, no matter the actual fact, whether it’s conducted in a free and fair manner. There is a number of cases of cash power and muscle power getting used within the elections and in most of such cases, the commission has remained quiet. The move toward the committee has actually emboldened the criminal and shady people to enter into electoral disputes. Article 324 of the constitution mainly empowers the commission to implement its powers to stop criminals and corrupt persons from entering politics. The circumstances of broad amplitude and approve the committee to require the option to accommodate the priority of decriminalizing Indian politics.
The constitution-makers have missed Article 324 in this way, to hide away for the commission to use its powers to conduct elections in a fair and free manner supporting the emergency of the case and therefore the ground realities. The commission and its operation form a component of lex specialize and it’s major to understand that by way of its performance in times of requirement, it’s not in flouting of the constitutional laws but it’s well equipped and constitutes an appropriate organ.
The committee has the inherent power for those persons from contesting the election, against those corruption and criminal charges admitted within the court. The notion of inherent powers is largely a principle of law that remains unchanged. it’s also a virtue of human value.
Election Commission should obviously declare that with those accused of crime and corruption contesting, the elections can’t be free and fair and so those persons should be banned from contesting elections against which corruption and criminal charges are admitted within the court. there’s every reason for the committee to act firmly, considering the actual fact that fair elections are part of Human Rights. The thought of free and fair and therefore the genuine election/right to vote through the means established within the constitution is additionally basically a person’s Right as per the International Human Rights Law.
The consideration of criminalization of politics itself constitutes against the law. The Constitution is an Organic/Living document; therefore, it should be copiously interpreted, wherein it’s to handle the wants of the longer-term societies. it’s been familiar several times that constitution enacted several decades back must be amended in tune with the changing times and aspirations of the people.
The whatever judgment of Supreme Court has given earlier with relevant powers of the committee needn’t be considered sacrosanct, since the judiciary itself has revised several of its verdicts in the past. Any move of the committee to bar persons from contesting, needn’t be considered as disobedience of the Supreme Court’s directives. this can be because such orders are given by Apex Court in another context at another time in the past when conditions were different. The commission has sent a number of recommendations for electoral reforms to the govt and the majority of them are ignored. the committee shouldn’t be satisfied by sending recommendations and thinking that it’s done its duty.
This is often more so because, within 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 actual fact that there’s a silent majority among the people building within the country to bar those persons from contesting elections against which corruption and criminal charges are admitted within the court, it should spur the committee to act, all the more in its realization of its duties and responsibilities towards the Constitution and folks of the country.