Election Commission of India

• 25 Sep 2024

Why in News?

Recently, the Election Commission of India has intensified its efforts in Haryana to ensure free and fair elections, focusing on real-time monitoring of campaign finances, voter outreach initiatives, and strict adherence to the Model Code of Conduct.

Key Points

• The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India.
  • It was established in accordance with the Constitution on 25^th January 1950 (celebrated as National Voters' Day). The secretariat of the commission is in New Delhi.
• 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.
  • It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.
• Constitutional Provisions:
  • Part XV (Article 324-329): It deals with elections and establishes a commission for these matters.
  • Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
  • Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex.
  • Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage.
  • Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
  • Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
  • Article 329: Bar to interference by courts in electoral matters.
• Structure of ECI:
  • Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act, 1989, it was made a multi-member body.
  • The Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other election commissioners, if any, as the President may from time-to-time fix.
  • Presently, it consists of the CEC and two Election Commissioners (ECs).
    • At the state level, the election commission is helped by the Chief Electoral Officer.
• Appointment & Tenure of Commissioners:
  • The President appoints CEC and Election Commissioners as per the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
  • They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
  • The salary and conditions of service of the CEC and ECs will be equivalent to that of the Supreme Court Judge.
• Removal:
  • They can resign anytime or can also be removed before the expiry of their term.
  • The CEC can be removed from office only through a process of removal similar to that of a SC judge by Parliament, while ECs can only be removed on the recommendation of the CEC.
• Limitations:
  • The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the 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.