What is Article 324?
Article
324 empowers the Election Commission of India to put direct control over the elections
in India. According to this article, the power of superintendence, direction
and control of elections in the country is to be vested in the Election Commission.
Apart from this, the article 324 states that the Chief Election Commissioner of
India and the regional election commissioners may change the campaigning time
limits through proper notifications. In this regard, it is to be noted that the
Election Commission may restrain any candidate of any election to take part in
such election for violation of the electoral code of conducts.
Degree of power of the Election
Commission
The
Election Commission of India is having the administrative power to control the
elections of the offices of the President and the Vice President, Parliament
and legislatures of every state. In this regard, in 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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