Centre Appropriate Party to Respond to Plea on Disqualified Lawmakers - EC

The Election Commission of India (ECI) reiterated that it would be “appropriate” to have the union government deal with the disqualification issue. This article gives more details about this issue. This is a relevant topic for the IAS exam polity segment.

Background:  

• A petition was filed in the Supreme Court that an MP/MLA who has been disqualified from the House under the anti-defection law or Article 191(1)(e) of the Constitution should be banned from contesting elections for five years.
• It is to demotivate legislators from switching political parties for political gains.

Details:

• The Election Commission chose to maintain a distance on the question of banning MP/MLAs from contesting elections for five years.
• It wants the government to deal with the issue.
• The election commission said that the issue involved the interpretation of Article 191(1)(e) of the Constitution.
• Hence, the Central government is the appropriate authority for the adjudication of the pleas made in the petition.

What is Article 191(1)(e)?

It provides the different grounds of disqualification for being a member of the Legislative Assembly/ Legislative Council of a State” on:

• Holding an office of profit
• Being of unsound mind or insolvent
• Being a non-citizen/ voluntarily acquiring a foreign citizenship.
• Being under any allegiance or adherence to a foreign state.
• If an MLA or an MLC is “disqualified by or under any law made by Parliament”

Also read: Anti-defection Law

Powers of ECI for Disqualification:

• As per the Constitution, the EC has advisory jurisdiction in this matter of post-election disqualification.
• The opinion in all such matters is binding on the President or the Governor to whom such opinion is tendered.
• Moreover, the incidents of legislators found guilty of corrupt practices at elections which come before the SC and High Courts are also referred to the Commission for its opinion.
• It has the authority to disqualify a person who has failed to lodge an account of his election expenses within the time.

Other powers of the ECI:

• It determines the territorial areas of the electoral constituencies on the basis of the Delimitation Commission.
• To prepare and periodically revise electoral rolls and to register voters.
• To grant recognition to political parties and allot election symbols to them.
• The Election Commission makes sure that a level playing field is present for the political parties in the election fray.
• A strict observance of the Model Code of Conduct evolved with the consensus of political parties.

Way forward: A consensus among political parties has to be there to decide upon the crucial matters of their own disqualification if the ball is in their court. The government of the day needs to abide by the constitutional values and democratic ethos. The judiciary also has to ensure the checks and balance principle in case of any deviation from any organ of the government. 

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