What is Election Commission of India?
– Provision in relation to ECI can be found in Articles 324 to 329 Part XV of Constitution of India, 1950 (COI).
– The body administers elections in India to the Lok Sabha, Rajya Sabha and the State Legislative Assemblies in the country as well as the offices of President and Vice President of the country.
– It does not administer elections of the panchayats and municipalities in the states. For this the Constitution of India provides for a separate State Election Commission.
What are Constitutional Provisions in relation to ECI?
– Article 324: ECI has the authority to administer, control and direct national and state-level elections.
– Article 325: Inclusion and exclusion of names to electoral rolls shall be on the basis of Indian Citizenship, no citizen of India over voting age shall be excluded from the rolls, or included on a special electoral roll on the basis of race, caste, religion or sex.
– Article 326: Each level of elected government will be defined and governed by universal adult franchise.
– Article 327: ECI has certain responsibilities along with Parliament in conducting national elections.
– Article 328: State legislatures define the roles and responsibilities of ECI in terms of state-level elections.
– Article 329: No interference by the court in matters of elections unless the court is specifically led to provide its view.
What is the Background of ECI?
- Originally, the commission had only one election commissioner.
- Two additional Commissioners were appointed to the commission for the first time on 16th October 1989, but they had a very short tenure, ending on 1st January 1990.
- The Election Commissioner Amendment Act, 1989 was adopted on 1st January 1990 which turned the commission into a multi-member body.
- Presently, it consists of a Chief Election Commissioner (CEC) and two election commissioners.
What are the Appointment and Conditions of Service?
– The President of India appoints the Chief Election Commissioner and the Election Commissioners.
o The President determines the conditions of service and tenures.
– They get a tenure of 6 years, or up to 65 year of age, whichever is earlier.
– They are entitled to the same status including salary and perks as available to Judges of the Supreme Court of India.
– They can resign any time when writing to the President or can be removed before their expiry of term on the grounds similar to that of a Supreme Court judge by Parlaiment.
What is the Procedure For Removal of CEC & ECs?
– The CEC can be removed from his office by the President on the basis of a resolution passed to that effect by both the houses of Parliament with a two-thirds majority in both Lok Sabha and Rajya Sabha on the grounds of proved misbehaviour or incapacity.
– The other Election Commissioners can be removed by the President of India on the advice of the CEC.
– The ECI is responsible for carrying out almost all functions that shall ensure a free and fair election in the country.
What are the Powers and Functions of ECI?
• It decides the territorial constituencies for the conduct of elections throughout the country.
• It prepares and periodically revisions electoral rolls and registers all eligible voters.
• It grants recognition to political parties and allocates them election symbols.
• It gives an equal playing field for political parties in elections by ensuring strict adherence to a Model Code of Conduct, developed in agreement with the political parties.
• It decides the election schedule for the conduct of elections, whether general elections or by-elections.
• It has advisory jurisdiction in the post-election disqualification of sitting members of Parliament and State Legislatures.
• The opinion of the Commission is binding on the President, or in the case of a Governor to whom opinion is given.
• Further, the cases of persons, who have been found guilty of corrupt practices at elections and who are are pending before the Supreme Court and High Courts, are also subsequently forwarded to the Commission for its opinion on whether such are to be disqualified and if so, for what period.
• It is vested following quasi-judicial powers to settle disputes pertaining to splits and mergers of recognized political parties.
• It has powers to disqualify a candidate for failure to lodge at the prescribed time and in prescribed manner an account of his election expenses.
