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However, in recent times, the ECI has been facing many challenges such as:
♤ Conflict between constitutional and legal powers: The ECI is vested with absolute powers under Article 324, but still has to act according to laws made by Parliament and it cannot transgress the same. For e.g. Despite being the registering authority for political parties under Section 29A of the Representation of the People Act, 1951, it has no power to de-register them even for the gravest of violations.
♤ Inadequate capacity: The ECI has been found dependent on various government departments in terms of office finances, legal expertise, security personnel and other staff.
♤ Unable to curb malpractices: Since the ECI doesn’t have necessary powers; it is not able to control criminalization of politics or use of money and muscle power in elections.
♤ Upholding its credibility: ECI’s credibility in recent times has been questioned owing to allegations like rampant violation of Model Code of Conduct, debates on working of Electoral Voting Machines, timing of elections and other directions of the commission.