7 years, 1 month ago

SC asks Centre, poll panel to respond to plea for equal powers of 2 ECs at par with CEC

New Delhi: The Supreme Court on Monday sought responses from the Centre and the poll panel on a plea seeking treatment of two election commissioners on par with the chief election commissioner in the matter of removability. Hence, autonomy to the ECI can only be strengthened if the ECs are also provided with the similar protection as that of the CEC.” It pointed out that Article 324 of the Constitution protects the CEC from removal, except if the manner and grounds of removal are the same as a judge of the Supreme Court. It said the reason for giving this protection to the CEC was in order to ensure autonomy to the ECI from external pulls and pressure but the “rationale behind not affording similar protection to ECs is not explicable.” The CEC and ECs enjoy the same decision-making powers, which is suggestive of the fact that their powers are at par with each other, it contended. “Direct the Central Government to take appropriate steps to confer rule making authority on the ECI on the lines of the rule making authority vested in the Supreme Court of India to empower it to make election related rules and code of conduct,” the petition said.

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