Election Commission of India

Election Commission of India: Elections, Type of Elections, Present Status, Reforms, Functions of Election Commission of India, Tenure of Election Commissioner, Removal of Chief Election Commissioner of India and other members.

What is the Election Commission of India?

The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India.

It was established in accordance with the Constitution on 25th January 1950 (celebrated as national voters’ day). The secretariat of the commission is in New Delhi.

The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.

It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.

Constitutional Provisions:

Part XV (Article 324-329) of the Indian Constitution: It deals with elections and establishes a commission for these matters.

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 based on 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.

What is Structure of Election Commission of India?

Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it was made a multi-member body.

The Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other election commissioners, if any, as the President may from time-to-time fix.

Presently, it consists of the CEC and two Election Commissioners.

At the state level, the election commission is helped by the Chief Electoral Officer who is an IAS rank Officer.

Appointment & Tenure of Commissioners:

The President appoints CEC and Election Commissioners.

They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.

They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court (SC) of India.

Also Read: Representation of people Act, 1951

Removal:

They can resign anytime or can also be remove before the expiry of the term.

The CEC can be remove by Parliament from office only through a process of removal similar to that of a SC judge.

Note: Removal of Judges

A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehavior or incapacity.

The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment: No judge of the Supreme Court has been impeached so far. Impeachment motions of Justice V Ramaswamy (1991–1993) and the Justice Dipak Misra (2017-18) were defeated in the Parliament.

Limitations:

The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.

The Constitution has not specified the term of the members of the Election Commission.

Constitution has not debarred the retiring election commissioners from any further appointment by the government.

Also Read: The Chief Election Commissioner and Other Election Commissioners Bill 2023

What are the Powers and Functions of Election Commission of India?

Administrative powers of Election Commission of India?

To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.

To prepare and periodically revise electoral rolls and to register all eligible voters.

It grant recognition to political parties and allot election symbols to them.

Election Commission ensures a level playing field for the political parties in election fray, through strict observance by them of a Model Code of Conduct evolved with the consensus of political parties.

It decides the election schedules for the conduct of elections, whether general elections or bye-elections.

What is Advisory Jurisdiction & Quasi-Judicial Functions of Election Commission of India?

Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.

The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.

Further, the cases of persons found guilty of corrupt practices at elections which come before the SC and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period.

The Election Commission of India is empower with quasi-judicial power to settle disputes relating to splits/ mergers of recognize political parties.

The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law.

Others