Election Commission of India
About:
- The independent, legally established Indian Election Commission oversees the country’s Union and State election systems (ECI).
- The Constitution was passed on January 25, 1950, also known as National Voters’ Day. The commission’s secretariat is located in New Delhi.
- Along with the President and Vice President of India, the organisation also oversees elections for the Lok Sabha, Rajya Sabha, and state legislative bodies.
- This has nothing to do with the elections held in the states for panchayats and municipalities. A separate State Election Commission is available for this purpose, according the Indian Constitution.
- Statutory requirements
- Part XV of the Indian Constitution (Articles 324–329) After debate, a commission is created to handle election-related matters.
- According to Article 324, an Election Commission is in responsible of overseeing, organising, and managing elections.
- No one may be denied inclusion in or claim participation in a special electoral roster based on their race, gender, caste, or religion, according to Article 325.
- Elections for the House of the People and state legislative assemblies shall be conducted in accordance with the provisions of Article 326, which mandates adult suffrage.
- The Parliament has the power to enact laws governing legislative elections, as stated in Article 327.
- According to Article 328, the State legislature has the authority to decide how its members shall be elected.
- Article 329 prohibits courts from interfering in electoral processes.
- ECI’s organisational structure: Before the Election Commissioner Amendment Act of 1989, there was only one election commissioner on the commission.
- The Chief Election Commissioner (CEC) and any additional election commissioners that the President may occasionally appoint make up the Election Commission.
- The CEC and two Election Commissioners are present at this time.
- The chief advisor to the state-level election commission is the Chief Election Officer, a member of the IAS rank.
- The CEC commissioners are appointed by the president and have six-year terms that end when they turn 65, whichever comes first.
- They carry out the same obligations and receive the same benefits as Supreme Court of India judges.
- They are free to quit or get dismissed at any time before their employment ends.
- The same procedure that Parliament used to remove a SC justice must be utilised to remove the CEC from office.
- Limitations: The Constitution makes no mention of the members of the Election Commission’s legal, academic, administrative, or jurisprudential qualifications.
- Regarding the terms of office for Election Commission members, the Constitution is silent.
- According to the Constitution, the government is free to re-appoint the retiring election commissioners.
What are the ECI’s responsibilities and authority?
- Administrative: Provide a list of political parties together with each one’s appropriate election emblem. As per the Delimitation Commission Act of Parliament, determine the boundaries of each electoral district. Create and keep up-to-date voting records. Make sure everyone who can vote is registered.
- The Election Commission strictly abides by the Model Code of Conduct to ensure that all political parties participating in elections are treated equally.
- Quasi-judicial Roles & Advisory Authority: In accordance with the Constitution, the Commission has the power to recommend that MPs and parliamentarians be removed from their positions after an election.
- The President or, as appropriate, the Governor to whom it is delivered must agree with the Commission’s position on all such issues.
- Additionally, the Supreme Court and High Courts consult the Commission in matters involving individuals who were found to have engaged in corrupt behaviour during elections to determine if and for how long they should be disqualified.
- A candidate who fails to submit a report of his election expenses by the deadline and in the manner specified by law may be disqualified by the Commission.
