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:
  • 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:
  • 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

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)


Mains

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