In the first such action in India’s electoral history, the Election Commission invoked Article 324 of the Constitution to end campaigning in nine West Bengal constituencies on May 16, a day before its scheduled deadline, following violence between BJP and TMC workers in Kolkata.

The constituencies where campaigning has been curtailed are Dum Dum, Barasat, Basirhat, Jaynagar, Mathurapur, Diamond Harbour, Jadavpur, Kolkata Dakshin and Kolkata Uttar. Polling will be held in all these constituencies on May 19.

The poll panel’s decision drew sharp criticism from Opposition parties. With leaders of various parties openly attacking the EC over its order, Mamata Banerjee emerged as a “rallying point” for the Opposition, as leaders such as Mayawati, Akhilesh Yadav, M.K. Stalin and N. Chandrababu Naidu backed her.

What is Article 324?

Article 324 comes under part 15 of the Constitution, which deals with elections. It says that the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the legislature of every state and of elections to the offices of President and Vice-President shall be vested in the EC.

On June 15, 1949, B.R. Ambedkar introduced this section saying “the whole of the election machinery should be in the hands of a Central Election Commission, which alone would be entitled to issue directives to returning officers, polling officers and others engaged in the preparation and revision of electoral rolls so that no injustice may be done to any citizen in India, who under this Constitution is entitled to be brought on the electoral rolls”.

In the Mohinder Singh Gill & Anr vs The Chief Election Commissioner, New Delhi and Ors (1977) case, the Supreme Court had stated about the scope of the power of Article 324.

“Situations may arise which enacted law has not provided for legislators are not prophets but pragmatists. So it is that the Constitution has made comprehensive provision in Article 324 to take care of surprise situations. That power itself has to be exercised, not mindlessly nor mala fide, nor arbitrarily nor with partiality but in keeping with the guidelines of the rule of law and not stultifying the presidential notification nor existing legislation,” it said.

SC reminds EC of its powers

On April 15, the EC faced the heat from the Supreme Court Bench headed by the Chief Justice of India for not acting against hate speeches and statements on religious lines.

The EC counsel said: “The power of the EC in this behalf is very limited. We can issue notice and seek reply but we cannot de-recognise a party or disqualify a candidate. We can only issue advisories and in case of a repeat offence, register a complaint.”

Reacting sharply, the Bench said, “So, you are basically saying you are toothless and powerless against hate speeches.”

Meanwhile, the EC barred Uttar Pradesh Chief Minister Yogi Adityanath from campaigning for 72 hours and Mayawati for 48 hours starting April 16. Gag orders were also imposed on BJP leader Maneka Gandhi and the SP’s Azam Khan.

Later, CJI Ranjan Gogoi and Justice Sanjiv Khanna expressed satisfaction with the steps taken but the EC couldn’t avoid a wry comment from the Bench. “So, you seem to have got your powers back,” it remarked.