Section 146B of the Representation of the People Act, 1951: Procedure Followed by the Election Commission

Section 146B empowers the Election Commission of India to regulate its own procedure, including the time and place of its sittings and whether it will sit in public or in private. It concerns the conduct of proceedings before the Commission, rather than the procedure for voting at a polling station.

Key rule: The Election Commission may determine its procedural arrangements, including fixing where and when it sits and choosing public or private sittings, subject to applicable law and requirements of fairness.

Text of Section 146B: Procedure to be followed by the Election Commission

The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).

Meaning and scope of Section 146B

The words "regulate its own procedure" give the Election Commission procedural flexibility in proceedings conducted under the relevant statutory powers. The express examples in the section are not a separate grant of unlimited substantive authority: procedural decisions must remain within the governing Act and other applicable legal requirements.

Fixing the time and place of sittings

The Commission may determine when and where it will sit to conduct its proceedings. This enables it to arrange hearings, inquiries and other procedural steps as required for the matter before it. Where notice or an opportunity of hearing is required by law or principles of natural justice, the exercise of this power must respect those safeguards.

Public and private sittings

The provision expressly permits the Commission to decide whether a sitting is to be public or private. A public sitting ordinarily permits public attendance subject to applicable arrangements, whereas a private sitting restricts attendance. Section 146B does not mean that every proceeding must be public or that confidentiality automatically applies to every inquiry.

Relationship with Sections 146, 146A and 146C

Section 146 concerns the Commission's powers for specified inquiries. Section 146A addresses the protection of certain statements made in evidence before the Commission, subject to its stated conditions and exception for prosecution for false evidence. Section 146C concerns protection for actions taken in good faith. Section 146B is specifically about procedure.

Does Section 146B permit arbitrary procedure?

No. A power to regulate procedure does not displace express statutory requirements, constitutional limits or applicable principles of natural justice. The fairness required in a particular matter depends on the nature of the Commission's function and the governing law.

Official sources and current legislation

Refer to India Code for the Representation of the People Act, 1951 and amendments, the Election Commission of India for official notifications and instructions, and the Legislative Department for central legislative resources. The Act should be read with applicable rules, notifications and binding judicial decisions.