Election Commission of India

Topics Discussed: -

·       Introduction

·       Constitutional Provisions

·       Composition

·       Independence of Commission

·       Powers and Functions

·       Introduction

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

2.    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.

3.    The Election Commission was established in accordance with the Constitution on 25th January 1950.

·       Constitutional Provisions

·       Composition

Since its inception in 1950 and till 15 October 1989, the election commission was as a one-member body with only the Chief Election Commissioner (CEC) as its sole member.

1.    On 16 October 1989 the voting age was changed from 21 to 18 years. So, two more election commissioners were appointed by the president in order to cope with the increased work of the election commission.

2.    Since then, the Election Commission was a multi-member body which consisted of 3 election commissioners.

3.    Later on, the two posts of election commissioners were eliminated in January 1990 and the Election Commission was reverted to the previous position.

4.    This was repeated again later in October 1993 when the president appointed two more election commissioners. Since then, the Election Commission functions as a multi-member body comprising of 3 commissioners.

5.    The chief and the two other election commissioners have the same powers and emoluments including salaries, which are the same as a Supreme Court judge.

6.    In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by a majority.

7.    The office is held by them for a term of 6 years or until they attain 65 years, whichever happens first. They can also be removed or can resign at any time before the expiry of their term.

·       Independence of Commission

Article 324 of the Constitution mentions the provisions to safeguard and ensure the independent and impartial functioning of the Election Commission which is as follows.

1.    The chief election commissioner is provided with 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 a special majority, either on the ground of proved misbehaviour or incapacity.

2.    Thus, he does not hold his office until the pleasure of the president, though he is appointed by him.

3.    The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.

4.    Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

5.    Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, i.e.:

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

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

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

·         Powers and Functions

Key functions of the Election Commission of India are as under:

1.    The Election Commission of India is considered the guardian of free and reasonable elections.

2.    It issues the Model Code of Conduct in every election for political parties and candidates so that the decorum of democracy is maintained.

3.    It regulates political parties and registers them for being eligible to contest elections.

4.    It publishes the allowed limits of campaign expenditure per candidate to all the political parties, and also monitors the same.

5.    The political parties must submit their annual reports to the ECI for getting tax benefit on contributions.

6.    It guarantees that all the political parties regularly submit their audited financial reports.

Other powers handled by the Election Commission of India are as follows:

1.    The Commission can repress the results of opinion polls if it deems such an action fit for the cause of democracy.

2.    The Commission can recommend for disqualification of members after the elections if it thinks they have violated certain guidelines.

3.    In case, a candidate is found guilty of dishonest practices during the elections, the Supreme Court and High Courts consult the Commission.

4.    The Commission can postpone candidates who fail to submit their election expense accounts timely.

The main duties of the Election Commission are:

1.    To supervise, direct, control and conduct all elections to Parliament and State Legislatures as also to the office of the President and Vice- President of India.

2.    To set down general rules for election.

3.    To determine constituencies and to prepare electoral rolls.

4.    To give credit to political parties.

5.    To allot election symbols to different political parties and individual contestants.

6.    To appoint tribunals for the decision of doubts and disputes arising out of or in connection with election to parliament and State Legislatures.