Context

  • Election Commission of India is a permanent and an independent body
  • Article 324
  • Superintendence, direction and control of elections to parliament, state legislatures, office of president of India and the office ofvice-president of India
  • Not concerned with elections to panchayats and municipalities (SEC)

Structure of the Election Commission of India

  • Initially, the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
  • The commission consists of one Chief Election Commissioner and two Election Commissioners.
  • The secretariat of the commission is located in New Delhi.

Appointment / Tenure / Removal of Election Commissioner of India

  • The President appoints Chief Election Commissioner and Election Commissioners.

    Election Commission of India
    Credit: Wikipedia
  • They enjoy the same powers emoluments including salaries, which are the same as a Supreme Court judge of India.
  • Tenure -They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
  • Removal -The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge by Parliament. Other EC or Regional Commissioner cannot be removed from office except on the recommendation of CEC.

Independence and Impartiality

  • Constitution has not prescribed the qualifications / term / not debarred the retiring election commissioners from any further appointment by Govt.

Functions of Election Commission of India

  • Election Commission of India superintendents, direct and control the entire process of conducting elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.
  • Election schedules for the conduct of periodic and timely elections.
  • Electoral roll and issues Electronic Photo Identity Card (EPIC).
  • Location polling stations, assignment of voters to the polling stations, location of counting centres.
  • Recognition to political parties & allots election symbols to them.
  • Model Code of Conduct in the election for political parties and candidates.
  • Court for settling disputes (granting of recognition to political parties and allotment of election symbols)
  • advise the president on matters relating to the disqualifications of MPs / governor in case of state legislature
  • cancel polls in the event of rigging, booth capturing
  • request president or the governor for requisitioning
    the staff necessary
  • advise the president whether elections can be held in a
    state under president’s rule

Other relevant functions

  • Assisted by deputy election commissioners (appointed by the commission with tenure system from Civil Service
  • At state level: assisted by the chief electoral officer in consultation with the state government
  • At district level, collector acts as district returning officer

Relevance

  • It plays an important role in stopping the dissemination of misinformation with the help of technological tools.
  • It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.
  • It creates awareness about the electoral process and electoral governance amongst stakeholders namely, voters, political parties, election functionaries, candidates and people at large.

Articles Associated with Election Commission of India

  • Article 324 -Superintendence, direction and control of elections to be vested in an Election Commission.
  • Article 325 –No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex.
  • Article 326 –Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
  • Article 327 –Power of Parliament to make provision with respect to elections to Legislatures.
  • Article 328 –Power of Legislature of a State to make provision with respect to elections to such Legislature.
  • Article 329 –Bar to interference by courts in electoral matters.

 

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