Power of Election Commission of India

Power of Election Commission of India

The Supreme Court’s stay on the revocation of the status of former Madhya Pradesh Chief Minister Kamal Nath as a ‘star campaigner’ for the Congress brings to the fore the power of the Election Commission of India and its role in ensuring a clean campaign.

What is star campaigner?

A star campaigner is a celebrity vote seeker in an election for a party. This person can be a politician or even a film star. There is no law governing who can or cannot be made a star campaigner. They are nominated by the concerned political parties specifying their constituencies and duration of the status.

Why political parties need a star campaigner?

The Election Commission keeps a tab on expenditure incurred by individual candidates during campaign Rs 70 lakh for most states in one constituency by each candidate. Expenditure incurred on electioneering by the star campaigner is not added to a candidate’s poll expenditure giving him/her more leeway. According to the Representation of People’s Act, these expenses will be borne by the political parties.

About Election Commission of India

The Election Commission of India (ECI) is an autonomous and permanent constitutional body responsible for organizing free and fair elections in the Union and States of India.

The Constitution grants the ECI with the power of direction, superintendence, and control of elections to Parliament, state legislatures, the office of president of India and the office of vice-president of India.

The ECI does not deal with the elections to the urban bodies such as Municipalities and Panchayats in the states and hence, a separate State Election Commission.    

About the Article 324 of Indian Constitution

Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission.

Article 324 of the Constitution vests the “superintendence, direction and control of elections” in an Election Commission consisting “of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix”.

The Commission has to exercise its powers and perform its functions under Article 324 in conformity with the provisions of Sections 9 to 11 of The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.