Supreme Court WARNING: "Constitutional Crisis" if ECI has Unchecked Power? | Art 324 vs Parliament

Описание: In a massive constitutional showdown, the Supreme Court is hearing arguments on the scope of the Election Commission of India's (ECI) powers. The core question: Does Article 324 give the ECI "plenary power" to override Parliament's laws?

🔥 THE CORE ARGUMENT: The Counsel for the Respondent argued that while the ECI has vast powers under Article 324, it cannot claim the legislative power of Parliament.

"Legislative Character": The Counsel admitted ECI orders can have a "legislative character" (like filling gaps), but they cannot act arbitrarily.

The "Vacuum Theory": ECI power fills the "vacuum" only when Parliament is silent. It cannot displace existing law.

The Danger: The Counsel warned that "uncanalized power" in the hands of one person could lead to "Political Havoc" and a "Constitutional Crisis."

⚖️ THE PRECEDENT WAR (A.C. JOSE CASE): A major part of the hearing focused on the famous A.C. Jose v. Sivan Pillai (1984) judgment:

Petitioners cited it to say ECI cannot use EVMs without specific rules.

The Counsel distinguished the current case, arguing that A.C. Jose was about excluding methods (Ballot vs. EVM), whereas Article 324 applies when the law is silent.

"Mathematical Formulas": The Counsel attacked the Petitioners for blindly citing judgments without understanding the facts.

In this video, we analyze:

Can the ECI issue orders that have no "nexus" to the purpose?

Why the "Rule of Law" is at risk if Art 324 is unchecked.

The difference between "Executive" and "Legislative" power in elections.

👨‍⚖️ BENCH: Constitution Bench (Supreme Court of India) 📅 DATE: January 22, 2026

👇 DISCUSSION: Do you think the Election Commission should have absolute power, or must it always follow Parliament? Let us know in the comments!

#SupremeCourt #ElectionCommission #Article324 #ACJoseCase #EVM #IndianConstitution #SupremeCourtLive #LegalNews #LawChakra


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