Q. Comment on ‘Election Commission of India’. [2002]
- Election Commission of India is a permanent and an independent body under ART 324. It is an all-India body in the sense that it is common to both the Central government and the state governments.
- Responsibilities: Art 324 provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vicepresident of India shall be vested in the election commission
- Appointment and Composition:
- Provisions under Art 324:
- The Election Commission shall consist of the chief election commissioner (CEC) and such number of other election commissioners(ECs), if any, as the president may from time to time fix.
- The appointment of the CEC and other EC shall be made by the president.
- When any other election commissioner is so appointed, the CEC shall act as the chairman of the election commission.
- The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
- The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.
- Changing Nature of composition:
- Since its inception in 1950 and till 15 October 1989, it functioned as a single member body consisting of the Chief Election Commissioner.
- On 16 October 1989, the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years.
- Again 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 three election commissioners.
- Provisions under Art 324:
- Service condition:
- The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court.
- In case of difference of opinion amongst the CEC and/or two other ECs, the matter is decided by the Commission by majority.
- They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or can also be removed before the expiry of their term.
- Independence:
- Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission:
- The chief election commissioner is provided with the security of tenure. Same as SC judge.
- Other E. commissioner can’t be removed except on the recommendation of the CEC.
- Some flaws:
- qualification is not prescribed.
- terms of memers of E Commission is not specified.
- retiring election commissioners are not debarred from any further appointment.
- Not charged on consolidated fund of India.
- Powers, functions: The powers and functions with regard to elections can be classified into three categories:
- Administrative:
- 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.
- To notify the dates and schedules of elections and to scrutinize nomination papers.
- To grant recognition to political parties and allot election symbols to them.
- To supervise the machinery of elections throughout the country to ensure free and fair elections.
- To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance
- Advisory:
- To advise the president on matters relating to the disqualifications of the members of Parliament.
- To advise the governor on matters relating to the disqualifications of the members of state legislature.
- To request the president or the governor for requisitioning the staff necessary for conducting elections.
- To advise the president whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year.
- Quasi-Judicial:
- To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
- To appoint officers for inquiring into disputes relating to electoral arrangements.
- To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
- To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
- To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
- Administrative:
