1st Time Use Article 324 In India | Burning Issues | PDF Download

WHAT IS ARTICLE 324 IN THE INDIAN CONSTITUTION?

• In first such action in India’s electoral history, the Election Commission invoked Article 324 to curtail the campaigning in nine West Bengal constituencies a day before its scheduled deadline.
•  The development came in the wake of Tuesday’s violence between BJP and TMC workers in Kolkata, triggering a sharp response from state chief minister and TMC supremo Mamata Banerjee.

ECI ORDER

• Now, therefore, the Election Commission of India, in exercise of its powers under Article 324 of the Constitution …hereby directs that no person shall convene, hold, attend, join or address any public meeting or procession in connection with the election
• The Election Commission also ordered the removal of Principal Secretary (Home) Atri Bhattacharya and Additional Director General, CID, Rajeev Kumar from their postings in West Bengal.

NOTES – DEMOCRACY INDEX 2019

• The Economist Intelligence Unit (EIU) has released the Democracy Index which ranks 167 countries by 60 indicators across five broad categories.
• Only 4.5% of the world’s people live in a full democracy.
• India was at the 41st place with a score of 7.23/10 and was placed in the flawed democracies category.

PART XV OF THE CONSTITUTION OF INDIA

• Part XV of the Constitution of India consists of Articles on Elections
• Articles 324 – 329
• Article 324
• Superintendence, direction and control of elections to be vested in an Election Commission
• Article 325
• No person to be ineligible for inclusion in ,or to claim to be included in a special, electoral roll on ground of religion ,race ,caste or sex

WHAT IS ARTICLE 324 ?

• Article 324 in the Indian Constitution gives power to the Election Commission to direct, control, and conduct elections to all Parliament, to the Legislature of every state and of elections to the offices of the President and Vice President held under the Constitution.

MOHINDER SINGH GILL & ANR VS THE CHIEF ELECTION COMMISSIONER AND OTHERS, (1977) CASE

• the Supreme Court of India had rightly described that Article 324 gives the Election Commission of India the power to administer the elections and both the administrative power and the legislative power regarding the elections is vested to the Election Commission. With this verdict of the apex court of the nation, it is clear that the Election Commission has wide-ranging powers to conduct free and fair elections. In order to conduct such free and fair elections, the Election Commission of India invokes Model Code of Conducts for the political parties and candidates to the elections. However, this code of conducts may be challenged to the Supreme Court.

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