After the Supreme Court’s rebuke in the era of political polarization of Bajrang Bali and Ali, the Election Commission took immediate action. Supreme Court Chief Justice Ranjan Gogoi said during the hearing that it seems that the Election Commission has got his powers back. All the laws are completely clear about this, but the EC lacks will power, due to which the disputes are happening-
“During the hearing in Hate Speeches matter, the SC said that the Election commission is powerless“. However, According to the commission they have limited right to send notice and seek answers. According to the commission, only cases can be filed against the leaders, and EC can neither disqualify a leader nor cancel the party’s recognition.
The Election Commission has taken action against senior Political Leaders Maneka Gandhi, Yogi Adityanath, Azam Khan and Mayawati for violation of the code of conduct. If the commission does not comply with this action after telling the person powerless, then what will the commission do?
Both the Supreme Court and the Election Commission have got the powers from the Constitution of India. During the previous hearing, the Supreme Court had remarked that it can not play the role of the SHO for the Election Commission?
The Bombay High Court is hearing a case against social media companies, in which the Election Commission is also a party. The High Court passed an order on March 29 regarding which the powers of the Election Commission in Para-14 are mentioned. While analyzing the powers of the Election Commission in the ADR case, the Supreme Court had said that under the Article-324 of the Constitution, the Election Commission has got unlimited powers.
The Supreme Court also uses its powers under Article 142 of the Constitution, then why Election Commission is it confused about its powers and jurisdiction under Article 324?
On 15th April, the Election Commission created a case of violation of the code of conduct in the order issued under article 324 of the Constitution against the four Political leaders. According to this order, the four leaders will not be able to form part of any public meeting, procession, rally, road show, interview, and social media in the time limit?
After this order, Uttar Pradesh’s Chief Minister Yogi Adityanath went to worship in Hanuman Temple, which was broadcasted in TV channels.
Under the Constitution, all citizens have the fundamental right to religious belief, with the freedom of expression. Now Can the Election Commission abolish the rights granted under the Constitution by its order?
After the announcement of elections, the Election Commission had issued an order to remove the photographs of all the Ministers from government websites or Portal. Despite this, there was no ban on government and social media accounts of the state and central ministers like Facebook and Twitter.
After the 2009 elections, social media has been used in India. On our report, the Election Commission issued a code of conduct for social media in October 2013 but the rules were not fully implemented in the 2014 general elections.
Now, the general elections of 2019 are now being fought by all parties through social media. All parties such as Congress, BJP, AAP and TDP have made their own IT cell and war room. In the new era of technology, the Election Commission was made an elective code for social media companies, rather than using rights, instead of using helplessness.
The leaders who have been banned are getting more publicity through TV and social media, due to which EC order may be redundant.
On giving provocative speeches in Maharashtra, the Election Commission and the Supreme Court took strict action against Shiv Sena leader Bal Thackeray and Prabhu. If leaders are being by campaigned as party representatives, then why should not the accountability of the party and candidates be decided for their statements?
If the general public is arrested for sneaking crimes, then why is the formalization of the FIR against the leaders who put the democracy in jeopardy? Why should the party president not be accountable for the statements of their leaders? Political parties are registered by the Election Commission. Brahmashastra must now use the Election Commission to suspend the recognition of the parties for hatred of politicians and the hatchet speech to save democracy.