The Supreme Court, in Mohinder Singh Gill vs Chief Election Commissioner (AIR 1978 SC 851) stated that
Model code of conduct is legally enforceable
Incorrect AnswerArticle 324 contains restricted powers to ensure free and fair elections
Incorrect AnswerArticle 324 contains absolute powers to ensure free and fair elections
Correct AnswerModel code of conduct is not legally enforceable
Incorrect AnswerExplanation:
The Supreme Court held in Mohinder Singh Gill vs Chief Election Commissioner (AIR 1978 SC 851) that Article 324 contains plenary powers to ensure free and fair elections and these are vested in the ECI which can take all necessary steps to achieve this constitutional object.
- However, in Mohinder Singh Gill’s case, the Court had made it clear that the ECI can draw power from Article 324 only when no law exists which governs a particular matter.
- Transfer of an official is within the exclusive jurisdiction of the government. It needs the concurrence of the State governments.
- Further, Article 324 does not confer absolute powers on the ECI to do anything in connection with the elections.
Hence option 3rd is correct.
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By: Abhipedia