Considering the issues in political party, administrative orders of Election commission of India greatly possess the judicial capacity to find better solution. Examine (200 Words)
Refer - The Indian Express
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· The EC does not take suo motu cognisance of cases and comes into the picture only when one party approaches it with its claim.
· The Commission then starts proceedings which are quasi-judicial in nature, under Section 15 of the Election Symbols (Reservation and Allotment) Order, 1968, by giving a notice to the other faction to give its version
· The EC examines the claims and counterclaims of the two factions to determine which one has the majority.
· The EC looks at the strength of each group, in the party’s organisation and in the legislatures, applying the test of majority.
· Whenever the EC could not determine the strength of rival groups based on support within the party organisation, it fell back on testing the majority among elected MPs and MLAs.
· Many of these cases have landed in the Supreme Court. The most significant case was that of the INC in 1969 where the Supreme Court upheld the order of the ECI applying the test of majority (Sadiq Ali vs ECI, 1972).
· It has always been the practice of the commission to give a detailed, speaking order which will stand judicial scrutiny. This is why the EC’s quasi judicial or administrative orders almost always pass the judicial test.
Abdul hakkim 3 years
Please review mam/sir
IAS Parliament 3 years
Good attempt. Keep Writing.
Pijush Kanti Khanra 3 years
Please , make a review sir/ ma'am and provide necessary suggestions for improvement .
Thank you .
IAS Parliament 3 years
Try to include about latest cases. Keep Writing.
