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This is an archive article published on August 31, 2006

Left wants EC146;s power redefined

Making a case for major Constitutional amendments to define the powers of the Election Commission against the backdrop of its clashes...

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Making a case for major Constitutional amendments to define the powers of the Election Commission against the backdrop of its clashes with the Commission during the West Bengal polls, the CPIM today said it had become necessary to have clear guidelines on the appointment of Election Commissioners, their accountability and 8220;if necessary8221; their removal.

The CPIM, which believes it had been unfairly dealt with by the Commission during the Assembly polls, indicated that the Commission8217;s powers needed to be clearly defined and was bringing other political parties on board on the issue.

Releasing the document 8220;Election Commission, a case for reform8221;, CPIM general secretary Prakash Karat said it had been circulated to political parties and would even be sent to the Election Commission to start a debate on the role of Election Commissioners and their powers.

8220;Given the way the Election Commission conducted polls in West Bengal and elsewhere, we felt there was a need for a debate on the need for reforms in the body,8221; Karat said. The CPIM document, which sets out four areas of reforms 8212;- on the composition and the modality for appointment ad removal of members of the EC, including the CEC; jurisdiction of the EC; definition and role of election observers; and the law and order question and the deployment of Central forces 8212;- suggests amendments to Article 325 to 329 of the Constitution and the Representation of Peoples Act in a manner that is evidently aimed at clipping the powers of the EC.

The document prepared by the CPIM suggests there should be a constitutional mechanism to monitor and check if the Election Commission had acted with political bias, usurped the powers of governments and did anything with mala fide intention. 8220;The Election Commission should be made accountable for its commissions and omissions,8221; the document says. Election commissioners should also be legally debarred from taking any office after retirement under the government, or a governor or MP to avoid conflict of interest.

On the jurisdiction of the Election Commission, the CPIM document there were issues to be discussed on disciplining officials of the Central and state governments before election dates had been announced. Regarding election observers, the CPIM document says while their powers were essentially recommendatory, they were 8220;actually found to be exercising8221; executive powers through verbal instructions.

Talking to mediapersons on Wednesday while releasing the document, Karat made no effort to sidestep questions on his party8217;s frosty relationship with the Election Commission. 8220;We have never met this type of Election Commissioner, not even when T N Seshan was there who used the word 8216;Rig Veda8217; for West Bengal elections. But even he did not behave like this,8221; Karat said.

 

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