Polity and Governance |
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Why in News?
Recently, The Election Commission(EC) said that a transparent process had been followed in the Maharashtra Assembly election, even as it assured the Congress of a review of all legitimate concerns of the party, and invited it for a meeting on December 3. What is the Election Commission of India? About: 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 25th 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 empowers the ECI to supervise, direct, and control the preparation of electoral rolls and the conduct of all elections to Parliament and state legislatures. Article 325 ensures no one is excluded from the electoral rolls based on religion, race, caste, or sex. Article 326 establishes adult suffrage (voting rights for all citizens aged 18 and above) as the basis for elections. Article 327 allows Parliament to make laws regarding elections to Parliament and state legislatures. Article 328 empowers state legislatures to make provisions related to elections within the state. Article 329 prohibits judicial interference in electoral matters. Functions and jurisdiction: Advisory role: ECI advises the President or Governor on matters related to the disqualification of members of Parliament and state legislatures, especially in cases involving corrupt electoral practices. Quasi-Judicial role: ECI can disqualify candidates for failing to submit election expense accounts and resolve disputes regarding the recognition of political parties and the allocation of election symbols. Administrative role: ECI handles the delimitation of electoral constituencies, voter registration, updating of electoral rolls, and scheduling of election dates. It also ensures adherence to the Model Code of Conduct during elections and monitors political campaign expenditures. 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. In 1989, due to the reduction of the voting age from 21 to 18, two additional Election Commissioners were appointed, making it a three-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: According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner and the Election Commissioners can resign at any time by writing to the President. The Chief Election Commissioner can be removed in the same manner and on the same grounds as a judge of the Supreme Court. In other words, he/she can be removed by the President on the basis of a resolution passed to that effect by both Houses of Parliament with a Special Majority, either on the grounds of proved misbehavior or incapacity. Salary and Allowances of the Members of the ECI: According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner (CEC) and two Election Commissioners (ECs) receive equal salaries, allowances, and other prerequisites that are similar to those of the judge of the Supreme Court. Current Salary of the CEC of India is ₹250,000 (US$3,000) per month. Assisting Machinery of ECI: The Election Commission of India (ECI) relies on a well-structured machinery comprising various roles and responsibilities to support the electoral process: Deputy Election Commissioners (DEC) These Commissioners are drawn from civil services and appointed by the ECI with a tenure system. They are assisted by the Secretaries, Joint Secretaries, Deputy Secretaries, and Under Secretaries. Chief Electoral Officer (CEO) These officers are appointed at the State level, by the Chief Election Commissioner in consultation with the State Government. District Returning Officer (DRO) These officers are appointed at the district level. The Collector acts as the DRO for every constituency in the district. Returning Officer (RO) These officers are appointed by the DRO for every constituency. Presiding Officer (PO) These officers are appointed by the DRO for every polling booth. 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. Supreme Court’s Directions to Promote Independence of ECI: In Anoop Baranwal vs Union of India Case (2023), the Supreme Court gave the following directions to ensure the independence and neutrality of the Election Commission: Appointment of the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) shall be made on the recommendations of a three member committee consisting of the following: The Prime Minister, The Leader of the Opposition in the Lok Sabha and The Chief Justice of India. The grounds for removal of the other Election Commissioners should be the same as that of the Chief Election Commissioner i.e., on the like grounds as a Judge of the Supreme Court subject to the recommendation of the Chief Election Commissioner. |
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Quick Revision:
Election Commission of India:Part XV (Article 324-329): It deals with elections and establishes a commission for these matters. Formed: 25 January 1950 (26 January Celebrated as National Voters' Day) Headquarters: Nirvachan Sadan, Ashoka Road, New Delhi Constitutional Body executives: Chief Election Commissioner of India: Rajiv Kumar (25th Chief Election Commissioner of India, succeeding Sushil Chandra) Election Commissioners of India: Gyanesh Kumar, Sukhbir Singh Sandhu. Nominator: Union Council of Ministers Appointer: President of India Term length: 6 years or up to 65 years of age (whichever is prior) Salary: ₹250,000 (US$3,000) per month Longest Serving CEC: Kalyan Sundaram Shortest Serving CEC: V. S. Ramadevi |
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Frequently Asked Questions (FAQs):
Q1. Which elections are managed by the Election Commission of India?By Article 324 of the Constitution of India, it is vested with the power of conducting elections to – Parliament, State Legislatures, Office of President and Vice-President of India. Q2. When was the Election Commission of India (ECI) Established? The Election Commission of India (ECI) was established on 25th January 1950. This day (25th January) is celebrated annually as National Voters’ Day. Q3. Where is the Secretariat of ECI? The Secretariat of the Election Commission of India (ECI) is in New Delhi. Q4. What is Article 324? Article 324 of the Indian Constitution deals with the functions and powers of the Election Commission of India, which is responsible for conducting elections to the Parliament and State Legislatures. Q5. Who appoints the Members of the Election Commission? The President of India appoints the members of the Election Commission |
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