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On Monday, the Supreme Court asked the Centre to take a stand on a PIL which sought complete autonomy for the Election Commission and altering the rules of removal of Election Commissioners. The assistance of Attorney General K K Venugopal was taken by Chief Justice Dipak Misra on the above stated issue. The bench has further ordered that “additional Solicitor General Pinky Anand to file a response on behalf of the Centre within four weeks”. The bench has also allowed Election Commission to submit few documents on record.
The PIL has been filed by advocate and Delhi BJP leader Ashwini Upadhaya seeking directions to the centre. The direction was given to Centre to take appropriate steps to confer the rule making authority on the Election commission of India from the rule making authority vested in Supreme Court of India to empower it to make election related rules and code of conduct.
The PIL’s main objective was to strengthen the independence of the election process and maintain its purity through this new framework after consulting with the government. The move will also lead to complete insulation of Election Commission from Executive or political pressure and will ensure a free and fair election in spirit of Article 324 of the Constitution of India.
The advocate has also prayed for direction to the centre to provide independent secretariat to the Election Commission of India and declare its expenditure as charged on the Consolidated Fund of India on the lines of Lok Sabha/ Rajya Sabha Secretariat.
Looking forward to the implementation of such framework the Election Commission cannot function independently until CEC and ECs are protected similarly and its expenditure is charged as consolidated fund and has an independent secretariat and rule making authority.
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