Thursday, March 5, 2015

Election Commission and State Govt

Whether post-dissolution, any government can still operate?
Even after dissolution, till the time the next person takes the charge ,the old government will (whose govt was already dissolved) they will be in power to prevent the leadership vaccum so that the day today works are not affected. They are called "lame duck government". This means that government without much powers.

Do they have enough powers to create friction in handling over the state machinery to the EC?
Nope. They can or may give a try. But election commission is all powerful once the assembly is dissolved. Once they give the notifications for next election its everybody’s mandate to facilitate ECI to conduct free and fair elections. Even Prime minister or president cannot dictate ECI since its a constitutional body. its given enormous powers in terms of its appointment and removal to ensure free and fair election.
And bureaucracy will also be given enough powers to handle the ruckus that MAY be created whoever in power.
Finally if state govt hinders ECI, then Governor can request or President can himself/herself bring the president's rule to chop the wings of state government.

In case of J&K does the EC need to consult the state govt for declaring elections?

ECI has its normal jurisdiction on JK. So does CAG and SC.

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