Malcolm Rivera
The Election Commission of India (ECI) is a constitutional body that ensures free and fair elections in the country. It is an autonomous body that is common to both the Central and State governments. Article 324 of the Indian Constitution deals with the functions and powers of the ECI, which include conducting elections to the Parliament and State Legislatures. The President of India appoints the Chief Election Commissioner and other Election Commissioners, who have a fixed tenure of six years or until the age of 65, whichever is earlier. The ECI has been successfully conducting national and state elections since 1952 and plays an active role in ensuring greater participation of the people.
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What You'll Learn
Composition of the Election Commission of India (ECI)
Article 324 of the Indian Constitution outlines the provisions related to the composition of the Election Commission of India (ECI) and ensures the independent and impartial functioning of the ECI. The ECI is a permanent and independent body established by the Constitution of India to ensure free and fair elections in the country. It is a cornerstone of Indian democracy.
The composition of the ECI includes the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) as determined by the President. The CEC is provided with security of tenure and can only be removed by the President on the grounds of proven misconduct or incapacity, following a resolution passed by both Houses of Parliament with a special majority. The President can also appoint Regional Commissioners to assist the ECI, after consulting the Commission. The tenure and service conditions of all Commissioners are determined by the President.
The ECI has been conducting national and state elections since 1952 and has played an active role in increasing voter participation. It has the power of superintendence, direction, and control of elections to the Parliament, state legislatures, and the offices of the President and Vice President. The ECI is responsible for tasks such as determining electoral constituencies, preparing and revising electoral rolls, notifying election schedules, granting recognition to political parties, and acting as a court to settle disputes related to party recognition.
It is important to note that the ECI does not deal with elections to Municipalities and Panchayats in the states; separate State Election Commissions are provided for these purposes by the Constitution.
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Tenure and removal of Chief Election Commissioner (CEC)
Article 324 of the Indian Constitution deals with the Election Commission of India (ECI). The Chief Election Commissioner (CEC) is appointed by the President of India and enjoys security of tenure. The CEC cannot be removed from office, except on the same grounds and in the same manner as a judge of the Supreme Court. In other words, the CEC can be removed by the President on the basis of a resolution passed by both Houses of Parliament with a two-thirds majority, on the grounds of proven misconduct or incapacity. The CEC's conditions of service cannot be altered to their disadvantage after their appointment.
The CEC's tenure is for a maximum of six years or until they attain 65 years of age, whichever is earlier. They hold the same official status and enjoy the same salary and perks as judges of the Supreme Court and High Court. The CEC is usually a member of the Indian Civil Service and mostly from the Indian Administrative Service.
The CEC is responsible for the appointment of officers at the state level, in consultation with the State Government. The Collector acts as the District Recruitment Officer (DRO) for every constituency in the district, and they, in turn, appoint officers for each polling booth.
The Election Commission of India is a permanent and independent body established by the Constitution of India to ensure free and fair elections in the country. It is an all-India body common to both the Central and State governments. The Commission has been conducting elections since 1952 and plays an active role in ensuring greater participation of the people. It has brought discipline to political parties, threatening to derecognize them if they fail to maintain inner-party democracy.
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Powers and functions of the ECI
Article 324 of the Indian Constitution deals with the Election Commission of India (ECI) and its powers and functions. The ECI is a permanent and independent body established by the Constitution to ensure free and fair elections in the country. It is an all-India body that is common to both the Central and State governments.
The President of India appoints the Chief Election Commissioner and other Election Commissioners. The Chief Election Commissioner cannot be removed from office except on the same grounds and in the same manner as a Supreme Court judge. The President can also appoint regional commissioners to assist the ECI. The tenure of office and the conditions of service of all the commissioners are determined by the President.
The ECI has the power of superintendence, direction, and control of elections to the Parliament, state legislatures, and the offices of the President and Vice President of India. It does not, however, deal with elections to the Municipalities and Panchayats in the states, which are handled by a separate State Election Commission advised by the ECI.
The functions and powers of the ECI include:
- Determining the territorial areas of electoral constituencies based on the Delimitation Commission Act of Parliament
- Preparing and revising electoral rolls and registering eligible voters
- Notifying the schedules and dates of elections and scrutinising nomination papers
- Issuing the Model Code of Conduct for political parties and candidates to prevent unfair practices and arbitrary abuse of power
- Granting recognition to political parties and allocating election symbols, as well as acting as a court to settle disputes related to this
- Registering and deregistering political parties or entities
- Advising the President of India on the disqualification of members of Parliament and advising Governors on the disqualification of members of State Legislatures
- Advising the High Courts and Supreme Court in matters related to post-election disputes between candidates and political parties
- Appointing officers as election observers and expenditure observers from the Civil Services
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Independence and impartiality of the ECI
Article 324 of the Indian Constitution deals with the Election Commission of India (ECI) and its functions and powers. The article outlines provisions to safeguard and ensure the independent and impartial functioning of the ECI.
The ECI is a permanent and independent body established by the Constitution of India to ensure free and fair elections in the country. It is an all-India body, common to both the Central and State governments. The President of India appoints the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). The CEC acts as the Chairman of the ECI. The President can also appoint regional commissioners to assist the ECI. The tenure of office and service conditions of the commissioners are determined by the President.
The Chief Election Commissioner is provided with security of tenure and cannot be removed from office, except in the same manner and on the same grounds as a judge of the Supreme Court. In other words, the President can remove the CEC by passing a resolution in both Houses of Parliament with a special majority, on the grounds of proven misbehaviour or incapacity. The service conditions of the CEC cannot be varied to his disadvantage after his appointment.
Any other Election Commissioner or Regional Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner. The ECI has complete authority over how, where, and when to conduct an election without any interference from the executive.
Despite the Constitution's efforts to safeguard the independence and impartiality of the ECI, some flaws have been noted. The Constitution has not specified the qualifications or term limits for members of the ECI, nor has it debarred retiring election commissioners from further government appointments. Additionally, the ECI has faced challenges to its independence, such as allegations of malfunctioning voting machines, which have impacted its image and trust among the people.
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Election Commission's role in settling disputes
Article 324 of the Indian Constitution outlines the Election Commission's role in settling disputes. The Commission is responsible for conducting free and fair elections in India, ensuring the voice of the Indian populace is heard through the ballot. It has been conducting national and state elections since 1952 and plays an active role in encouraging greater participation.
The Election Commission of India (ECI) is a permanent and independent body established by the Constitution to ensure the independence and impartial functioning of the Election Commission. The President of India appoints the Chief Election Commissioner and other Election Commissioners, with the CEC acting as the Chairman. The tenure and conditions of service are determined by the President, and the CEC cannot be removed from office except on the same grounds as a Supreme Court judge.
The ECI has the power of superintendence, direction, and control of elections to parliament, state legislatures, and the offices of the President and Vice-President. It is responsible for determining electoral constituencies, registering voters, notifying election schedules, and scrutinising nomination papers.
The ECI also acts as a court to settle disputes related to granting recognition to political parties and allocating election symbols. It appoints officers to inquire into disputes concerning electoral arrangements and determines the code of conduct for political parties and candidates during elections. The ECI is responsible for ensuring that elections are conducted in a free and fair manner and has introduced measures like electronic voting machines (EVMs) to improve efficiency and reduce malpractices.
The ECI has brought discipline to political parties by threatening to derecognise those that do not maintain inner-party democracy. It supports the values of equality, equity, impartiality, independence, and the rule of law in electoral governance. The Commission engages with political parties and stakeholders to ensure inclusive and voter-friendly elections.
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Frequently asked questions
Part XV (Article 324-329) of the Indian Constitution deals with the Election Commission of India (ECI).
The Election Commission of India is a permanent and independent body established by the Constitution of India to ensure free and fair elections in the country.
The Election Commission of India is responsible for conducting elections to the Parliament and State Legislatures. It has the power of superintendence, direction, and control of the entire process for the conduct of elections.
The members of the Election Commission of India include the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may from time to time fix.
