Election Commission of India (ECI)
- The Constitution gave rise to the Election Commission of India (ECI). According to Article 324, the ECI is given full authority over all elections for the offices of President and Vice-President, the State legislatures, and Parliament.
- The clause has occasionally been interpreted by courts and ECI orders to suggest that the authority granted to it is plenary in character. In terms of conducting elections, it is regarded as unrestricted and unconditional.
Source of Power of ECI :
- ECI draws its authority and ability to carry out its duties from Article 324 of the Constitution.
- Supreme Court Decision In Mohinder Singh Gill v. Chief Election Commissioner, the Supreme Court ruled that Article 324 grants the ECI broad authority to ensure free and fair elections. The ECI can then take whatever actions are required to fulfil this constitutional goal.
- Model Conduct Code: Political parties, candidates, and governments are expected to abide by the model code of conduct established by the ECI during an election.
- This code is founded on political agreement. The Kerala government created a code of conduct for political parties in 1960 in preparation for the Assembly elections, and this is where it all began.
- It was later approved, improved, and expanded by the ECI, and strict enforcement began in 1991.
- Independence of ECI: According to constitutional provisions, the Chief Election Commissioner may only be dismissed from office in the same manner as a Supreme Court judge. This safeguards the ECI’s independence.
- Additionally, following appointment, the terms of his employment cannot be altered to his detriment.