Question

Why do you think does the Election Commission have the following powers and privileges? What could have happened if these did not exist?

Accepted Answer

The Election Commission of India has emerged as an independent authority with specific powers to ensure the sanctity of the electoral process. These powers are essential to conduct free and fair elections. (i) The Commission needs the power to issue orders to government employees because it has a very limited staff of its own and must rely on the administrative machinery of the State and central governments. Once the election process begins, the Commission requires full control over these officers to ensure they act in a non-partisan manner. Without this power, the Commission could not transfer officers or take action against bias, making it impossible to conduct impartial elections. (ii) The provision that the government cannot remove the Chief Election Commissioner is crucial for maintaining the Commission's independence. If the government could remove the CEC easily, the Commission would not be able to act in an impartial and unbiased manner. This security allows the Commission to assert its powers against the government without fear of removal, protecting the fairness of the election. (iii) The power to cancel an election allows the Commission to act when the atmosphere is vitiated and a free and fair poll is not possible. If this power did not exist, unfair elections would stand, undermining democracy. This authority ensures the Commission can postpone elections or order a re-poll to guarantee fairness. — The answer is derived directly from the textbook context…

Explanation

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