The election commission performs the following functions -
1) the superintendence, direction and control of the preparation of electoral rolls for all elections to Parliament and to the Legislature of every state and of elections to the offices of President and Vice President.
2) the Conduct of all the elections mentioned above. And ;
3) to advise the President or the Governor of a State, as the case may be on the question of disqualification of any Member of Parliament or a member of a State legislature , respectively.
The expression" superintendence, direction and control and the conduct of elections" in Article 324 (1) came to be interpreted on various occasions. It has been held that Article 324 is plenary in character vesting the whole responsibility in the Election Commission for National and State elections. The power conferred on the Commission under Article 324(1) is subjected to two limitations namely
A) when Parliament or any State legislature has made a valid law relating to or in connection with elections, the Commissioner shall act in Conformity with such law;
B) the commission while exercising power shall conform to the rule of Law, act Bonafide and be amended to the norms of natural justice.
1) the superintendence, direction and control of the preparation of electoral rolls for all elections to Parliament and to the Legislature of every state and of elections to the offices of President and Vice President.
2) the Conduct of all the elections mentioned above. And ;
3) to advise the President or the Governor of a State, as the case may be on the question of disqualification of any Member of Parliament or a member of a State legislature , respectively.
The expression" superintendence, direction and control and the conduct of elections" in Article 324 (1) came to be interpreted on various occasions. It has been held that Article 324 is plenary in character vesting the whole responsibility in the Election Commission for National and State elections. The power conferred on the Commission under Article 324(1) is subjected to two limitations namely
A) when Parliament or any State legislature has made a valid law relating to or in connection with elections, the Commissioner shall act in Conformity with such law;
B) the commission while exercising power shall conform to the rule of Law, act Bonafide and be amended to the norms of natural justice.
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