Election Commission of India

• 12 Mar 2024

Source: IE

Why in News?

Recently, the Election Commissioner of India resigned from his post, just days ahead of the announcement of the Lok Sabha elections.

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: 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 Cabinet Secretary.
    • Under the 1991 Act, it was equivalent to the salary of a 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.

Anoop Baranwal vs Union of India Case, 2023

• A five-judge bench of the Supreme Court (SC) unanimously ruled that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha and Chief Justice of India (CJI).
  • In case no leader of the Opposition is available, the leader of the largest opposition Party in the Lok Sabha in terms of numerical strength will be a part of such committee.
• The Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, in response to the directive of the Supreme Court in the Anoop Baranwal v Union of India case, 2023.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Prelims

Q. Consider the following statements: (2017)

1. The Election Commission of India is a five-member body.
2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only

Ans: (d)

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Mains

Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)