ELECTION COMMISSION OF INDIA

About the Election Commission

·         The Election Commission is autonomous, quasi-judiciary constitutional body.

·         Its mission is to conduct free and fair elections in India.

·         The Election Commission was established on 25 Jan 1950 under Article 324 of the Constitution.

Powers of the Election Commission

·         The EC enjoys complete autonomy and is insulated from any interference from the Executive.

·         It also functions as a quasi-judiciary body regarding matters related to elections and electoral disputes.

·         Its recommendations are binding on the President of India.

·         However, its decisions are subject to judicial review by High Courts and the Supreme Court acting on electoral petitions.

·         During the election process, the entire Central and state government machinery (including paramilitary and police forces) is deemed to be on deputation to the Commission.

·         The Commission takes effective control of government personnel, movable and immovable property for successful conduct of elections.

Functions of the Election Commission

·         Demarcation of constituencies.

·         Preparation of electoral rolls.

·         Supervision, direction and control of elections to Parliament, Legislatures, President/Vice-President.

·         Scrutiny of nomination papers.

·         Scrutiny of election expenses of candidates.

·         Establish rules for elections.

·         Issue notification of election dates and schedules.

 Determine code of conduct

·         Allot symbols and accord recognition to political parties.

·         Render advice to the President and Governors regarding disqualification of MPs and MLAs.

·         Postpone or countermand elections for specific reasons.

·         Resolve election disputes.

·         Allot schedules for broadcast and telecast of party campaigns.

·         Grant exemptions to persons from disqualifications imposed by judicial decisions.

Composition of the Election Commission

·         The Election Commission is a multimember Commission, the Chief Election Commissioner acts as the Chairperson.

·         All members of the Election Commission enjoy equal vote, while the CEC. additionally also enjoys casting vote. Decisions of the EC are to be based on unanimity or majority.

·         The CEC is appointed by the President.

·         Other members of the Commission are appointed by the President in consultation with the CEC.

·         The CEC can be removed from office only in the manner of a Judge of the Supreme Court. Other members can be removed by the President in consultation with the CEC.

·         The President may appoint Regional Election Commissioners in consultation with the CEC before elections to the Parliament or Assemblies.

Terms of service

·         The tenure of Election Commissioners is six years or up to age of 65 years, whichever is earlier.

·         The CEC cannot hold any office of profit after retirement. Other ECs cannot hold any office of profit after retirement, except as CEC.

·         The CEC cannot be reappointed to the post.

·         The allowances and salaries of the CEC are drawn from the Consolidated Fund of India.