Election Commission of India

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• The Election Commission of India is a permanent and independent body established by the Constitution.
• Article 324 provides the power of superintendence, direction, and control of elections of
  • Parliament
  • State legislatures
  • Office of President of India
  • Office of vice-president of India
• So, the Election Commission is an all-India body.
• The election commission of India is not concerned with the elections to panchayats and municipalities.
• For this, the Constitution of India provides for a separate State Election Commission.
• The Election Commission of India was established on 25th Jan 1950.
• Sukumar Sen became the first Chief Election Commissioner of India, on 21 March 1950.

Composition of Election Commission of India

• The Election Commission of India shall consist of the chief election commissioner and a such number of other election commissioners, as the president may from time to time fix.
• President appoints the chief election commissioner and other election commissioners
• When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.
• President may appoint regional commissioners after consultation with the election commission of India.
• Conditions of service and tenure of office shall be determined by the president
• Till 1989, the election commission of India functioned as a single member body
• By the 61st Constitutional Amendment Act of 1988 voting age became 18 years from 21 years.
• So, President appointed 2 more election commissioners to cope with the increased work of the election commission
• Thereafter, the Election Commission functioned as a multimember body consisting of 3 election commissioners.
• However, the two posts of election commissioners were abolished in January 1990 and the Election Commission was reverted to the earlier position.
• Again in October 1993, the president appointed two more election commissioners.
• Since then and till today, the Election Commission has been functioning as a multi-member body consisting of 3 election commissioners.
• The chief election commissioner and 2 other election commissioners have equal powers
• They receive equal salary, allowances, and other perquisites, which are similar to those of a judge of the Supreme Court.
• In case of a difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by the majority.
• Hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier

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Independence

• The chief election commissioner is provided with the security of tenure.
• He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court
• In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with the special majority, either on the ground of proven misbehavior or incapacity.
• So, he does not hold his office till the pleasure of the president
• The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
• Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

Limitations in Safeguard

• The Constitution has not prescribed the qualifications of the members of the Election Commission.
• Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any further appointment by the government.
• The budget of the Election Commission does not charge from the Consolidated Fund of India.
• Its voted through Parliament which may lead to a conflict of interests.

Powers & Functions

• Powers and Functions of the Election commission of India can be divided in 3 types
  • Administrative
  • Advisory
  • Quasi-Judicial
• To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
• Orders issued by the Delimitation Commission cannot be questioned in a court of law
• To grant recognition to political parties and allot election symbols to them.
• Grant them the status of national or state parties
• Act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
• Advise the president on matters relating to the disqualifications of the members of Parliament.
• advise the governor on matters relating to the disqualifications of the members of state legislature
• Advise the president whether elections can be held in a state under the president’s rule in order to extend the period of emergency after one year.
• Prepare and periodically revise electoral rolls and to register all eligible voters.
• Notify the dates and schedules of elections and to scrutinise nomination papers.
• Prepare a roster for publicity of the policies of the political parties on radio and TV and other media in times of elections.
• Promote awareness about the electoral process and electoral governance amongst voters, political parties, candidates, and people
• Strengthen the confidence and trust of people in the electoral system of this country
• Adopt technology for improvement in all areas of electoral process

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Structure

• Election Commission is assisted by deputy election commissioners
• At the state level, the Election Commission is assisted by the chief electoral officer
• A chief electoral officer is appointed by the chief election commissioner in consultation with the state government
• At the district level, the collector acts as the district returning officer
• He appoints a returning officer for every constituency and presiding officer for every polling booth