To
India Against corruption
ELECTION COMMISSION UNWILLING TO ACT
In response to a submission made to the Election Commission by Nandini Voice for The Deprived, a Chennai based NGO (www.nandinivoice.org), suggesting that the Election Commission should use its residual and inherent powers and ban corrupt persons and criminals against whom charges have been admitted in the court from contesting in the election, in its detailed reply, Election Commission has said vide its letter No. 4/3/2013/SDR/253 dated 22nd March,2013 amongst various points, the following.
" In matters which are covered by law, the Commission cannot issue directions contrary to the provisions of the law. In view of the clear provisions laid down in the Act regarding disqualification on the ground for conviction for criminal offenses, the Commission cannot issue directions under Article 324 as sought in your letter".
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By way of reply, another submission was made by Nandini Voice for The Deprived to Election Commission on 29th March,2013, stating the following amongst various other points.
1. Responsibility and duty of the Election Commission
In your letter, you have extensively discussed about the terms of the law and interpretation of the law by Supreme Court. But, you have not said anything about your duty and responsibility to ensure free and fair polls as enshrined in the Constitution of India.
As you know, the Election Commission is a permanent Constitutional body and its status and the people's expectations about the Election Commission are totally different from that of the bureaucracy. Therefore, the Election Commission has to approach any issue with a far sighted and integrated view , as its functions and decisions would have far reaching impact on the destiny of the country. It should not be satisfied merely by quoting the provisions of an existing law as interpreted and then refrain from taking any actions to ensure free and fair elections, pleading helplessness. This would amount to abdication of responsibility and failing to live upto the expectations of the Constitution makers and citizens.
In short, it can be said that just as the Supreme Court, Election Commission is also the conscience keeper of India. It has the primary task of fulfilling its responsibility to ensure free and fair elections and it should make utmost efforts to undo any obstacles in the way of fulfilling its responsibility as enshrined in the Constitution.
2. Inherent and residual powers
Given the duty and responsibility entrusted to Election Commission by the Constitution to ensure free and fair elections, the Election Commission should pass appropriate regulations, which should include the move to ban corrupt persons and criminals from contesting elections against whom charges have been admitted in the court. Election Commission would lose its importance and would not be able to fulfil its responsibility, if it simply thinks that it has been vested with the responsibility without authority.
2. Seek the views of Supreme Court :
If the Election Commission thinks that it cannot do so due to the earlier interpretation of law and verdict given by the Supreme Court in some other circumstances, then it should straightaway take the matter to the Supreme Court and express its views to it and ask the court to clarify whether the Election Commission can go ahead imposing the ban . Supreme Court would certainly give an opportunity to the Election Commission to explain its view points and the compelling circumstances. In all probability, Supreme Court would consider the issue threadbare and give its verdict, according due consideration for the views of the Election Commission , which is a permanent constitutional body.
4. What Mahatma Gandhi would have thought ?
Perhaps, Mahatma Gandhi would have thought that the Election Commissioners should resign if they would face a situation where they would be unable to conduct free and fair polls as enshrined in the Constitution and thus failing in their responsibility, due to reasons beyond their control.
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The reply from Election commission to the above points is still awaited ,with the hope that the Election Commission would show the will to act in the interest of the larger good for the country.
N.S.Venkataraman
Nandini Voice for the Deprived
Email:- nsvenktchennai@gmail.com
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