38. Election Commission Flashcards
Composition of the Election Commission:
Article 324 has made the following provisions with regard to the composition of election commission:
- One Chief Election Commissioner along with other such ECs, as the president may from time to time fix.
- Appointments as above shall be made by the president.
- If other ECs are appointed the CEC shall act as the chairman of the election commission
- The President shall also appoint such other regional commissioners (to assist the election commission) after consultation with the election commission if necessary
- The conditions of service and tenure of office of the ECs and the regional ECs shall be determined by the President.
Since its inception in 1950 and till 1989, the election commission functioned as a single members body consisting of the Chief Election Commissioner.
On 16 Oct 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 yrs.
The chief election commissioner and two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of Supreme Court judge.
In case of differences of opinion amongst the chief election commissioner and other two election commissioners, the matter is decided by the commission by majority.
They hold office for the term of five years or until the age of 65 yrs, whichever is earlier. They can resign at any time or can also be removed before the expiry of the their term.
What is election commission?
The election commission is a permanent and independent body established by the constitution of India directly to ensure free and fair elections in the country.
Article 324 of the constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of President of India and that of Vice President of India shall be vested in the election commission.
Thus, election commission is an all India body in the sense that it is common to the central govt and state govts.
***election commission is not concerned with the elections of panchayats and municipalities in the states. For this, the Constitution of India provides for a *separate state election commission.
Independence of the Election Commission:
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.
He CANNOT be removed from his office except in same manner and on same grounds as a judge of Supreme Court. i.e. He can be removed by the president on the basis of a resolution passed to that effect by the both the houses of the parliament with special majority,
either on the grounds of proved misbehaviour or incapacity.
Thus, he does not hold his office till the pleasure of the president though he is appointed by him.
- The service condition of the CECr cannot be varied to his disadvantage after his appointment.
- Any other election commissioner or regional commissioner cannot be removed from his office except on the recommendation of the CECr.
What are the flaws in the constitution of the Election Commission?
- The constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of Election Commission.
- The constitution has not specified the term of the members of the Election Commission.
- The constitution has not debarred the retiring election commissioners from any further appointment by the government.
What are the powers and functions of the Election Commission?
The powers of the EC with regard to the elections to the parliament, state legislature and offices of the President and Vice President can be classified into three categories:
- Administrative
- Advisory
- Quasi-judicial
In details, these powers and functions are:
- 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 eligible voters.
- To notify the dates and schedules of elections and to scrutinise nomination papers.
- To grant recognition to political parties and allot election symbols to them.
- To act as a court for settling disputes related to granting of recognition to political parties and allotment of symbols to them.
- To appoint officers for inquiring into disputes related to the electoral arrangements.
- To determine the code of conduct to be observed by the parties and candidates at the time of elections.
- To prepare roster for publicity of the policies of the political parties on radio and TV in times of elections.
- To advice the president on matters relating to the disqualifications of the members of the parliament
- To advice the governor on the matters relating to the disqualification of the members of the state legislature.
- To cancel the poles in case of rigging, booth capturing, violence and other irregularities.
- To request the president or the governor for requisitioning of the staff necessary for conducting elections.
- To supervise the machinery of elections throughout the country to ensure free and fair elections.
- To advise the president whether elections can held in a state under presidents rule in order to extend the period of emergency after one year.
- 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*
Explain the hierarchy of command in the Election Commission to the district level:
The Election Commission is assisted by the deputy election commissioners. (They are drawn from the civil service and appointed by the commission with tenure system.)
They are assisted, in turn, by the, -Secretaries -Joint Secretaries -Deputy Secretaries -Under Secretaries Posted in the secretariat of the commission.
At the state level, the Election Commission is assisted by the chief electoral officer, who is appointed by the chief election commissioner in consultation with the state government.
Below this, at the district level, the collector acts as the district returning officer. He appoints a returning officer for every constituency in the district and the presiding officer for every polling booth in the constituency.
