Govt rejects Election Commission's demand for contempt of court power


New Delhi: A demand by the Election Commission to get power to initiate contempt proceedings against political parties which make allegations against it without credible evidence has been rejected by the government, the Rajya Sabha was informed on Friday.

Minister of State for Law PP Chaudhury said in a written reply that the Election Commission proposal was examined from legal and constitutional angles. The law ministry had also taken into account judicial pronouncements in this regard.

Representational image. News18

Representational image. News18

"It has been opined that the conferment of power of contempt on the Election Commission may be inconsistent with the law laid down by the Supreme Court," he said.

In a letter written in April, the Commission had urged the law ministry to amend the election laws so that it could use The Contempt of Courts Act against such parties.

The letter came close on the heels of the AAP questioning the impartiality of the Election Commission.


"Some even accuse the Commission of working in favour of the winning political parties... in order to address the emerging situation, there is a rationale and a strong-felt need that the Election Commission may also be given power to punish for its own contempt," the poll watchdog had said.

It pointed out that several election management bodies, including those in Kenya and Pakistan have "direct powers" to initiate contempt proceedings.


Published Date: Jul 21, 2017 06:20 pm | Updated Date: Jul 21, 2017 06:20 pm



Also See