Judicial Power of the Election Commission Satyajit Pattanaik BASICS OF LAW Thu, Aug 20, 2020, at ,11:01 PM Apart from the administrative function, the Election Commission has a lot of Judicial powers with regard to the inquiries as to disqualification of the members[1]. So, let us discuss the judicial powers of the Election Commission hereunder. Where a dispute arises in relation to the tendering of any opinion to the President under Art-103 of "The Constitution Of India"[2] or under Sec-14 of "The Government of Union Territories Act,1963" or in case of the governor under Art-192 of "The Constitution Of India"[3], if the Election Commission is satisfied that, in accordance with the affidavits filed and the documents produced in such inquiry by the concerned parties of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, then the "Election Commission" shall have the powers of a civil court, while trying a suit for the purpose of such Enquiry, under "The Code of Civil Procedure, 1908", in respect of the following matters, namely; Summoning and Enforcement of the attendance of any person and examining him on oath,[4] Requiring the discovery and production of any document or other material object which is producible as evidence,[5] Receiving evidence on affidavits,[6] Requisitioning any public record or a copy thereof from any court or office,[7] Issuing commissions for the examination of witnesses or documents.[8] The "Election Commission" has the power to ask any person to furnish information on such points or matters as in the opinion of the Election Commission, which may be useful and relevant to the subject matter of the inquiry.[9] In this situation, the Election Commission is deemed to have acquired the power of a civil court and when any offences i.e. under Section-175[10], 178[11],179[12], 180[13] and 228 of "The Indian Penal Code,1860", the Election Commission, after recording the facts constituting the offence and the statement of the accused as provided for in "The Code of Criminal Procedure", has to forward the case to a magistrate having jurisdiction to try the same and the magistrate, to whom the case is forwarded, will proceed to hear the complaint against the accused as if the case had been forwarded to him under Sec-482 of "The Code of Criminal Procedure".[14] All such proceeding in all such proceeding the "Election Commission" are deemed to be judicial proceeding under the meaning of Sec.193[15] and 228[16] of "The Indian Penal Code". However, no statement made by any person during giving evidence before the Commission will be subjected to any civil or criminal proceeding except a proceeding for giving false evidence by such statement[17] and such statements must be made in reply to a question which he is required by the Election Commission to answer and if it is relevant to the subject-matter of the inquiry.[18] The Election Commission has the power to regulate its own procedure and also has the power to fix places and times of sittings and to decide whether to sit in public or in private[19] and no legal proceeding or suits can be initiated against the Election commission or any other person acting under the direction of the Election Commission for the act done in good faith.[20] [1] Part-VIII , Chapter IV of "The Representing of the People Act, 1951". [2] Art-103 of the COI, states that if any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred for the decision of the President and his decision shall be final [3] Art- 192 of the COI, states that If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause ( 1 ) of Art-191, the question shall be referred for the decision of the Governor and his decision shall be final and Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion. [4] Sec-146 (1)(a) of "The Representation of the People Act, 1951". [5] Sec-146 (1)(b) of "The Representation of the People Act, 1951". [6] Sec-146 (1)(c) of "The Representation of the People Act, 1951". [7] Sec-146 (1)(d) of "The Representation of the People Act, 1951". [8] Sec-146 (1)(a) of "The Representation of the People Act, 1951". [9] Sec-146 (2) of "The Representation of the People Act, 1951". [10] Sec-175 of the Indian Penal Code deals with " Omission to produce document or electronic record to public servant by person legally bound to produce it". [11] Sec-178 of the IPC , deals with " Refusing to answer public servant authorised to question". [12] Sec-179 of the IPC deals with " Refusing to answer public servant authorised to question." [13] Sec-180 of the IPC , deals with " Refusing to sign statement". [14] Sec-146 (3) of "The Representation Of the People Act, 1951". [15] Sec-193 of the Indian Penal Code deals with "Punishment for false evidence". [16] Sec- 228 of the Indian Penal Code Deals with "Intentional insult or interruption to public servant sitting in judicial proceeding". [17] Sec-146-A of "The Representation of the People Act, 1951". [18] Proviso to Section 146-A of "The Representation of the People Act, 1951". [19] Sec-146-B of "The Representation of the People Act, 1951". [20] Sec-146-C of "The Representation of the People Act, 1951".