'They have been found wanting in taking stern measures to stop this because the Constitution has given them this authority and the power to ensure a free and fair election in the country.'
A copy of the Notification was submitted to the President, issued by the Election Commission of India, in terms of Section 73 of the Representation of People's Act, 1951, containing the names of the members elected to the House of the People following the General Elections to the 18th Lok Sabha. Photograph: ANI Photo
"If they don't use those powers, then the Supreme Court has to look into that and direct them to act as per the Constitution," Constitutional expert and former secretary general of the Lok Sabha P D T Achary tells Prasanna D Zore/Rediff.com as the controversy over the Election Commission's conduct during the Lok Sabha election continues.
- Part 1 of the Interview: 'Election Commission Has Been Found Wanting'
Do you think the Election Commission should have acted against Narendra D Modi, Amit A Shah, Himanta Biswa Sarma and other BJP leaders who used religion to garner votes?
The model code of conduct answers that question. That answer is contained within the MCC because it doesn't distinguish between a prime minister, chief minister or any other political leader or party.
In your opinion did the prime minister and BJP star campaigners violate the model code of conduct when they used religion to garner votes? Is it a serious violation and should the Election Commission have taken cognisance of it?
If they have violated this law, if they have used religion in the election campaign and if they have tried to create a cleavage between religious communities then (the Election Commission should have taken action against them)...
Do you think the Election Commission was found wanting to act against those who violated the model code of conduct in this election?
They have been found wanting in taking stern measures to stop this because the Constitution has given them this authority and the power to ensure a free and fair election in the country. That is part of the basic structure of the Constitution and as a Constitutional body (the Election Commission) has a mandate to ensure free and fair election and to ensure that (the Election Commission should have) used all powers available to it.
The question is who will guard the guardian? Who will ensure that the Election Commission has obeyed or followed all the powers vested in the Election Commission by the Constitution of India in letter and spirit?
The Constitution is interpreted by the Supreme Court. And the powers that are given to various Constitutional bodies are to be used by that very institution as enshrined in the Constitution.
If they don't use those powers, then the Supreme Court has to look into that and direct them to act as per the Constitution. Otherwise there is no point in vesting powers in such institutions.
What are the checks to ensure that the Election Commission follows the Constitution?
The Supreme Court of India, the interpreter of our Constitution, offers hope.
