Election Commission

Composition

• Article 324 of the Constitution addresses the composition of the Election Commission.
• The Election Commission consists of:
  • Chief Election Commissioner (CEC)
  • Other Election Commissioners, as the President may fix from time to time.
• Appointment:
  • The President appoints the CEC and other Election Commissioners.
• Chairman:
  • The CEC acts as the chairman of the Election Commission.
• Regional Commissioners:
  • The President may appoint regional commissioners after consulting with the Election Commission, as necessary to assist the EC.
• Service Conditions and Tenure:
  • Subject to Parliamentary law, the conditions of service and tenure are determined by the President.
• Evolution of the Election Commission:
  • Until October 15, 1989, it was a single-member body (CEC only).
  • From October 16, 1989, the President appointed two more Election Commissioners due to the reduction of the voting age from 21 to 18.
  • The commission briefly reverted to a single-member body in January 1990.
  • In October 1993, it became a multi-member body again with three Election Commissioners.

Election Commission Act, 1991

• The Election Commission Act, 1991 contains the following provisions:
  • The CEC and other Election Commissioners have equal powers and receive equal salary, allowances and other benefits, similar to those of a judge of the Supreme Court.
  • Decisions are made by majority in case of difference of opinion.
  • Term of office is six years or until the age of 65, whichever is earlier. They can resign at any time by writing to the President.

Independence

• Article 324 ensures independence through:
  • Security of tenure for the CEC.
  • CEC can only be removed in the same manner and on the same grounds as a judge of the Supreme Court (special majority in Parliament).
  • Service conditions of the CEC cannot be altered to their disadvantage after appointment.
  • Other Election Commissioners or Regional Commissioners can only be removed on the recommendation of the CEC.
• Flaws
  • The Constitution does not prescribe qualifications for members.
  • The Constitution does not specify the term of members.
  • The Constitution does not debar retiring election commissioners from further government appointments.
• Directions by Supreme court
  • Appointment of Election Commissioners should be made on the recommendations of a committee consisting of:
    • The Prime Minister,
    • The Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party),
    • The Chief Justice of India.
  • The grounds for removal of other Election Commissioners should be the same as that of the CEC.
  • Conditions of service of other election commissioners shall not be varied to their disadvantage after appointment.

Powers and Functions

• Classified into three categories:
  • Administrative
  • Advisory
  • Quasi-Judicial
• Specific Powers and Functions:
  1. Determining territorial areas of electoral constituencies based on the Delimitation Commission Act of Parliament.
  2. Preparing and revising electoral rolls and registering eligible voters.
  3. Notifying election dates and schedules and scrutinizing nomination papers.
  4. Granting recognition to political parties and allotting election symbols.
  5. Acting as a court for settling disputes related to recognition of parties and allotment of symbols.
  6. Appointing officers to inquire into electoral arrangement disputes.
  7. Determining the code of conduct for parties and candidates during elections.
  8. Preparing a roster for publicity of political party policies on radio and TV during elections.
  9. Advising the President on disqualifications of Members of Parliament.
  10. Advising the Governor on disqualifications of members of the State Legislature.
  11. Canceling polls in cases of rigging, booth capturing, violence, etc.
  12. Requesting the President or Governor for staff necessary for conducting elections.
  13. Supervising the election machinery to ensure free and fair elections.
  14. Advising the President on whether elections can be held in a state under President's rule to extend the emergency period after one year.
  15. Registering political parties and granting them national or state party status based on poll performance.

Organisation

• Assisted by Deputy Election Commissioners appointed from the civil service with a tenure system.
• Deputy Election Commissioners are assisted by secretaries, joint secretaries, deputy secretaries, and under secretaries in the commission's secretariat.
• State Level: Assisted by the Chief Electoral Officer appointed in consultation with the state government.
• District Level: The collector acts as the District Returning Officer.
• Returning officers are appointed for every constituency in the district and presiding officers for every polling booth.

Vision, Mission and Principles

• Vision: Strives to be an Institution of Excellence by enhancing active engagement, participation; and deepening and strengthening electoral democracy in India and globally.
• Mission: Maintains independence, integrity and autonomy; ensures accessibility, inclusiveness, and ethical participation of stakeholders; and, adopts highest standards of professionalism for delivering free, fair, and transparent elections to strengthen the trust in electoral democracy and governance.
• Guiding Principles:
  1. Upholding constitutional values.
  2. Conducting elections with high standards.
  3. Ensuring participation of all eligible citizens.
  4. Engaging with political parties and stakeholders.
  5. Promoting awareness about the electoral process.
  6. Developing human resources for effective electoral services.
  7. Building quality infrastructure.
  8. Adopting technology for improvement.
  9. Striving for innovative practices.
  10. Reinforcing democratic values.