For a free referee: Election Commission's powers (The Hindu)

Mains Paper 3: Polity
Prelims level: Election Commission
Mains level: Various governmental bodies

Context

• It took more than a rap on the knuckles by the Supreme Court before the Election Commission of India stirred from slumber amid repeated violations of the law and transgressions of the Model Code of Conduct in the ongoing election campaign.
• The EC had appeared to be willing itself into inaction amid a flurry of abusive and divisive speeches by pleading powerlessness to act.
• On Monday, the Supreme Court came down heavily on the EC for its lack of initiative in enforcing the law.

The ECs observation

• The EC cracked the whip soon after the court’s censure and barred four leaders accused of intemperate speeches from campaigning for varying durations of time.
• By suggesting a clinical parity between BSP chief Mayawati’s call for Muslims to not divide their votes, and Uttar Pradesh Chief Minister Yogi Adityanath’s speech in which he characterised the election as a contest between ‘Ali’ and ‘Bajrang Bali’, in a reference to Muslims and Hindus, the EC perhaps wanted to demonstrate impartiality.
• However, it needs to do much more to be seen as a fair referee.
• The incumbent members of the EC may end up expending the accumulated trust in the institution if they do not consistently and unfailingly demonstrate efficiency and neutrality in enforcing the law and the MCC.

Steps taken by EC

• The EC has managed to redeem that hope to some measure, but not entirely.
• Article 324 of the Constitution gives the commission the powers of “superintendence, direction and control” of elections.
• Through the Representation of the People Act, other rules and orders, by the apex court and the EC, the system governing the Indian electoral process has evolved, and continues to do so.
• The EC has powers to deal with newer challenges that crop up, such as the easy dissemination of misinformation with the help of technological tools in recent years.
• While responding to new situations by changing the legal architecture is essential, the EC needs to build upon a fundamental premise of the rule of law, which is, ‘be you ever so high, the law is always above you.’
• A directive of the EC that campaigners must not seek votes by invoking the name of the soldiers.
• Continuing raids by Central agencies targeting only Opposition leaders and the blatant partisanship of the public broadcaster, Doordarshan, smack of misuse of power by the incumbent government.

Conclusion

• The EC is vested with powers to ensure a free and fair election.
• Under Chief Election Commissioners like T.N. Seshan and J.M. Lyngdoh, the commission has in the past shown the capacity to come up with creative solutions that adhere to both the spirit and the letter of the law.
• Their examples should encourage the EC to find strength in its constitutional mandate and not plead helplessness in the face of challenges to its authority. The Supreme Court too made the EC conscious of its own powers once more.

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General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1) Which of the following statements is/are correct about Parker Solar Probe?
1. Launched in 2019, it is NASA’s mission to revolutionize our understanding of the Sun.
2. Flying into the outermost part of the Sun's atmosphere, known as the corona, for the first time, it will employ a combination of in situ measurements and imaging.
3. Electric currents in the Sun generate a magnetic field that is carried out through the solar system by the solar wind.

Select the correct answer using the code given below:
(a) 2 only
(b) 2 and 3 only
(c) 1 and 2 only
(d) 1, 2 and 3

Answer: B

Mains Questions:
Q.1) The Election Commission must be unfailingly strict in ensuring a fair election. Comment