New Delhi: This Supreme Court Sympathy with Monday Election CommissionThere is damage on Madras High CourtThe observer “should face charges of EC murder” but the statement said that while working with a citizen-centered lawsuit, the High Court judges would not hesitate to put bitter questions before the authorities to give a proper response.
The High Court’s observations were made on April 26 and 30 during H’s hearing PIL Accused of not following the rules of Kovid-19 during the polls held only, and it will endanger the lives of millions of people. The EC demanded that the observations be erased and said that the Constitutional Court was entrusted with the responsibility of holding free and fair elections by the constitutional body, against which it was disqualified for making non-relevant remarks, but was also given misconduct. Officers.
Rakesh Dwivedi, senior advocate for the EC, said the High Court had said in a “series of relevant comments” without giving a chance to explain all the issues against the commission. “If the Prime Minister or the Chief Minister holds a rally and two lakh people gather, what can the EC do? Police and CRPF Not under the administrative control of the EC. The role of the EC is limited to conducting free and fair elections and managing the officials concerned. The pride of the EC and its officials needs to be preserved. When the High Court says that the EC and its officers must face criminal proceedings and register an FIR, what can the officers do? Dwivedi asked.
Justices DY Chandrachud and M.R. The Shah’s bench said that the HC has an important role to play in protecting the fundamental rights of the people and that the SC Has even wider jurisdiction than. “We understand the EC’s vision and its hurt feelings. But we must protect the sanctity of the HC and the judicial process of investigation. HC judges should have the freedom to ask questions and not exercise restraint when dealing with related matters.” Public interest, “the bench said. Was.
Explaining the process of investigation in the Constitutional Courts, Judge Chandrachud said, “I could not have made such a comment (as was made by Madras HC). We are usually careful not to say anything during the hearing that is not appropriate for inclusion.” Order. “Justice Shah said,” Judgment of questions of public interest always involves human elements and judges reflect the sentiments of the people while questioning the authorities. HC of Madras treats observations like a bitter pill, which doctors give to patients. For a speedy recovery. ”
The bench further said, “We understand why the EC is upset. But it would not be appropriate for the EC to say that the High Court is trying to oust him or is trying to intimidate him.” Lok Sabha Is the sovereign body of delegates for India. However, the Supreme Court can check the validity of the laws framed by the Sovereign Council and strike them. It does not make the Supreme Court more powerful than Parliament. Therefore, if the EC says it is not fit for judicial scrutiny, it would be completely unacceptable. ”
It said judges would have to ask uncomfortable questions with the sole purpose of getting a better response, dismissing their constitutional mandate, and encouraging the executive to do so.
The bench added that the EC’s SLP said it was an independent constitutional body and the High Court was an independent constitutional right and the two should not run on each other’s jurisdiction. The bench directed the EC not to adopt a “touch meet note” approach but promised to strike a balance between the role of the EC and the High Court in the matter arising out of the observations made by the Madras HC.
Acknowledging the service rendered by the EC, the bench said, “Over the years, the EC has provided free and fair elections which are the essence of democracy. The EC is an important pillar of the establishment of democracy in India.” The bench reserved its order and indicated that a hearing could be held on Thursday.