The Election Commission of India is an autonomous constitutional authority established for the conduction and administration of Election processes across India, be it national, state or district level. All the Election bodies including Lok Sabha, Rajya Sabha, Legislative Assemblies of the State, Legislative Councils of the State as well as the offices of President and Vice President are administered under the control of this authority.
The Commission is vested with the powers of taking appropriate actions when the already enacted laws prove insufficient in dealing with a given situation regarding the conduction of the elections. It is one of the only few institutions in India which functions in complete autonomy and independence, some others being the Indian Judiciary, the Union Public Services Commission and the Comptroller and Auditor General.
Constitutional provisions covering the Election Commission
Articles 324 to 329 of the Constitution of India deal with the powers, functions, terms, and eligibilities of the Election Commission:
Article 324: Article 324 of the Indian Constitution provides for the establishment of an Election Commission for superintending, directing and controlling the elections to constitutional bodies including Lok Sabha, Rajya Sabha, Legislative Assemblies of the State, Legislative Councils of the State as well as offices of President and Vice President. It needs to be noted that the Election Commission has nothing to do with Panchayat and Municipality Elections.
Article 325: It prohibits any kind of discrimination on the grounds of religion, race, caste, or sex in the matter of inclusion in Electoral rolls. As such every citizen, as long as he is not disqualified, is allowed to be registered as a voter by the Election body.
Article 326: It provides for Universal Adult Suffrage meaning that everybody who is 18 years or above in age would be entitled to vote.
Article 327: It empowers the parliament to make laws regarding elections to Parliament and State Legislature. These cannot be inconsistent and violative of provisions enshrined under Part XV of the Constitution.
Article 328: This provision provides for the appointment of Election Commissioners by the President. The term of appointment of Chief Election Commissioner is 6 years
or until the attainment of the age of 65 years, whichever is earlier. It also lays down that the Chief Election Commissioner as well as other election commissioners can only be removed from their office in the same manners and on the same grounds as a judge of the Supreme Court.
Article 329: It provides for the establishment of a separate Election Commission for the state, which is subordinate to the Election Commission of India.
Establishment of Election Commission: Important Dates
Originally, when the Constitution came into force in 1950, the Election Commission of India as a constitutional body was a single-member body with Chief Election Commissioner as the sole member.
Till 15 October 1989, it remained a single-member body
On 16 October 1989, two additional officers were nominated by the president to the body as Election Commissioner.
The voting age was also lowered from 21 to 18 on the same day.
However, the tenure of these two members ended on 1 January, 1990 and the posts were eliminated.
However, the two additions post of Election Commissioners was once again created in October 1993 and since then Election Commission has been a 3 member body.
Composition of Election Commission of India
Article 324 of the Indian Constitution provides that the Election Commission of India shall consist of the Chief Election Commissioner and a number of other Election Commissioners, as the president may fix from time to time.
At present, the Election Commission of India is composed of three members, a Chief Election Commissioner and two other Election Commissioners.
The Chief Election Commissioner and other election commissioners are appointed by the President and the chairman of the Election Commission is referred to as Chief Election Commissioner.
The remuneration, including the salaries and allowances of the Chief Election Commissioner and the other two election commissioners, is equivalent to those of a judge of the Supreme Court.
With the recent Chief Election Commissioner and Other Election Commissioner (Appointment, Conditions of Service and Term of Office) Bill, 2023, the salary and conditions of services of CEC and ECs shall now be equivalent to that of a Cabinet Secretary.
When the opinions of the members differ on a particular issue, the final decision is taken following the principle of majority.
Appointment Authority of Election Commission of India
The appointment committee for the Election Commission of India is designed in such a way as to ensure the independence and autonomy of the body.
Previously, The Committee consisted of 3 members which included the Prime Minister of India, the leader of the opposition and the Chief Justice of India in the Selection Committee.
With the recent Chief Election Commissioner and Other Election Commissioner (Appointment, Conditions of Service and Term of Office) Bill, 2023 which received approval from both houses of parliament, now the selection committee would consist of Prime Minister, a Union Cabinet Minister and Leader of Opposition/ leader of largest opposition party in Lok Sabha.
On the issue of exclusion of the Chief Justice of India from the Selection, The Apex court, as on 13th April, 2024, refused to stay the operation of such exclusion.
In line with Anoop Baranwal vs. Union of India, the appointments of election commissioners made by the president should be based on the advice of such an appointment committee.
Further fixed tenure and removal grounds at par with Supreme Court judges further strengthen the independence of the body and protect against unnecessary political interference.
Tenure of Election Commission of India
The Chief Election Commissioner as well as other Election Commissioners hold the office for 6 years or up to the age of 65 years, whichever is earlier.
However, their term may end if they are removed or resign before the completion of their term.
The process for the removal is similar to that of the removal of a Supreme Court judge by the Parliament.
Functions and Responsibilities of Election Commission
Administrative Functions
Directing and controlling the entire process of conducting elections to Parliament and Legislature of state as well as for the offices of President and Vice President of India.
Deciding Election Schedules for the conduction of elections in a timely and periodic manner.
It also enforces the Model Code of Conduct for regulating the behavior and actions of political parties and their candidates during the election periods.
It regulates the registration, recognition, and functioning of political parties and their candidates.
It also regulates the excessive spending by the parties during elections.
The body also establishes the territorial boundaries of electoral constituencies across the nation in compliance with the Delimitation Acts of the parliament.
Preparation of Electoral Records and issuance of Voter Cards
Advisory Functions
It also performs an advisory role to the President and Governors in matters regarding disqualifications of the members from Parliament and State legislature.
In cases of disputes regarding election results relating to political parties and candidates, the Election Commission can advise the High Court and Supreme Court.
The body also advises the President with regard to the feasibility of conducting elections when the state is under President's rule
Quasi-Judicial Functions
It also performs the role of a quasi-judicial body for the resolution of disputes with reference to any disputes that may arise on election matters, including the recognition of political parties and allocation of election symbols, etc.
Independence of the Election Commission of India
Article 324 of the Constitution of India provides for the independence and impartial functioning of the Election Commission. The following are some provisions that are focused towards the maintenance of the independence of the body:
The Election Commissioners are provided with the security of tenure and as such can be removed from office only on similar grounds and manners as the judges of the Supreme Court.
While the appointment of the Election Commissioner is made by the President, his holding the office is not subject to the pleasure of the president.
Only the Chief Election Commissioner is authorized to propose the removal of other Election Commissioners or Regional Commissioners.
Once a person is appointed as the Chief Election Commissioner, his service conditions cannot be made to his disadvantage.
Limitations of the Election Commission
While the Election Commission of India has been established for the free and fair conduction of elections, this highly respected and trusted body has its own limitations which include:
The Qualifications of members of the Election Commission of India have not been mentioned in the Constitution, vesting huge discretion and uncertainty in appointments at the posts.
Further, there exists no restrictions on the appointment of retired election commissioners to government posts, which makes it prone to influence from those in power.
The election commission has not been equipped adequately with powers to regulate political parties. It has no power to enforce inner party democracy and regulation of political financing.
Other Important Facts
Sukumar Sen was the first Chief Election Commissioner who was appointed in 1950 and served till 1958.
VS Ramadevi was the first woman Chief Election Commissioner of India.
Rajiv Kumar currently serves as the Chief Election Commissioner and was appointed as the 25th Election Commissioner on 1 September, 2020.
As of now, along with Chief Election Commissioner Rajiv Kumar, Arun Goel and Anup Chandra Pandey are serving as other election commissioners.
Note for UPSC Aspirants: For UPSC aspirants interested in exploring further, here are some keywords to guide your research:Election Commission of India, autonomous constitutional authority, elections, national, state, district level, Lok Sabha, Rajya Sabha, Legislative Assemblies, President, Vice President, constitutional provisions, Articles 324 to 329.
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