Election Commission asks Supreme Court for more power
What is the issue ?
- Election Commission of India (ECI) in an affidavit to the Supreme Court has said it must be empowered to deregister a political party if it violates provisions of the Constitution.
What is the loophole in the system with reference to this issue ?
- A convicted person, otherwise debarred from contesting polls, is allowed to form a political party.
What does the EC want ?
- At present, the EC has authority only to register a party but not to de-register. Moreover, the Representation of the People Act, 1951, has no explicit provision for de-registration of a political party.
- Election Commission of India argued that it should be given powers to de-register a political party and, further, should be authorised to issue necessary orders regulating registration and de-registration of political parties, particularly in view of its constitutional mandate
When can a party be deregistered ?
According to the SC, a political party can be deregistered under the following circumstances
- When a political party obtained registration by fraud, if it is declared illegal by the Central government,
- If a party amends its internal constitution and notifies the EC that it can no longer abide by the Indian Constitution.
About Election Commission of India :
For the conduct of free and fair elections, an independent Election Commission has been provided for in Article 324.
Election Commission consists of one Chief Election Commissioner and two Election Commissioners.
Members are appointed by the President for a term which is fixed by the President.
Conditions of service and tenure of office of the Chief Election Commissioner and other Election Commissioners are determined by an Act of parliament titled 'The Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991'.