16,952
edits
m
→Invocation of Article 324 of the Constitution of India: clean up
->AnomieBOT m (Dating maintenance tags: {{Citation needed}}) |
CleanupBot (talk | contribs) m (→Invocation of Article 324 of the Constitution of India: clean up) |
||
| Line 69: | Line 69: | ||
The Article 324 of the Indian Constitution is the basic article for the Election Commission that provides for powers to ensure free and fair elections in India. However, in comparison to earlier Election Commissions, Sampath was the first to invoke the powers under Article 324 to take strong disciplinary actions in the sphere of free and fair elections. | The Article 324 of the Indian Constitution is the basic article for the Election Commission that provides for powers to ensure free and fair elections in India. However, in comparison to earlier Election Commissions, Sampath was the first to invoke the powers under Article 324 to take strong disciplinary actions in the sphere of free and fair elections. | ||
As an unprecedented move, Sampath banned several campaigners from the General Elections 2014 for hate speeches during the campaign time.<ref> [http://timesofindia.indiatimes.com/news/Hate-speech-Election-Commission-bans-Giriraj-Singh-from-campaigning/articleshow/34080871.cms]</ref> This put a check to polarizing speeches by political parties in the run up to the General Elections, and all subsequent elections. | As an unprecedented move, Sampath banned several campaigners from the General Elections 2014 for hate speeches during the campaign time.<ref>[http://timesofindia.indiatimes.com/news/Hate-speech-Election-Commission-bans-Giriraj-Singh-from-campaigning/articleshow/34080871.cms]</ref> This put a check to polarizing speeches by political parties in the run up to the General Elections, and all subsequent elections. | ||
Further, in comparison to earlier Election Commissioners who were content with making recommendations to amend the law with regarding to Election Expenditure, Sampath was the first CEC who invoked the power of Article 324 to issue transparency guidelines.<ref>[http://ceokarnataka.kar.nic.in/PDFS/PoliticalParties/accountability_election_expenditure.pdf]</ref> This move sparked several protests by political parties, who cited lack of jurisdiction on part of the Election Commission to issue such orders.<ref>[http://timesofindia.indiatimes.com/india/Parties-oppose-Election-Commissions-transparency-norms/articleshow/45041128.cms]</ref> However, in another unprecedented step, the Election Commission issued a clarification that such guidelines are binding, and any non-compliance would result in invocation of the draconian Para 16A of the Symbols Order 1968.<ref>[http://eci.nic.in/eci_main1/PolPar/Transparency/Clarification%20of%20Transparency%20guideline%20for%20political%20parties.pdf]</ref> Para 16A allows for the Election Commission to de-recognize a political party, a step that would deny the party of free airtime on state owned channels / radio, lack of access to free electoral rolls and non-availability of subsidized land for party offices.<ref>[http://www.oneindia.com/india/comply-with-transparency-guidelines-or-face-de-recognition-eci-1567757.html]</ref> This greatly gives teeth to the Election Commission in managing election expenditure. | Further, in comparison to earlier Election Commissioners who were content with making recommendations to amend the law with regarding to Election Expenditure, Sampath was the first CEC who invoked the power of Article 324 to issue transparency guidelines.<ref>[http://ceokarnataka.kar.nic.in/PDFS/PoliticalParties/accountability_election_expenditure.pdf]</ref> This move sparked several protests by political parties, who cited lack of jurisdiction on part of the Election Commission to issue such orders.<ref>[http://timesofindia.indiatimes.com/india/Parties-oppose-Election-Commissions-transparency-norms/articleshow/45041128.cms]</ref> However, in another unprecedented step, the Election Commission issued a clarification that such guidelines are binding, and any non-compliance would result in invocation of the draconian Para 16A of the Symbols Order 1968.<ref>[http://eci.nic.in/eci_main1/PolPar/Transparency/Clarification%20of%20Transparency%20guideline%20for%20political%20parties.pdf]</ref> Para 16A allows for the Election Commission to de-recognize a political party, a step that would deny the party of free airtime on state owned channels / radio, lack of access to free electoral rolls and non-availability of subsidized land for party offices.<ref>[http://www.oneindia.com/india/comply-with-transparency-guidelines-or-face-de-recognition-eci-1567757.html]</ref> This greatly gives teeth to the Election Commission in managing election expenditure. | ||