The Hindu Editorial Analysis- 30th August 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Election Commission — autonomy in the crosshairs

Why in News?

The Supreme Court of India, in a judgment on March 2, directed that the Chief Election Commissioner (CEC) and the Election Commissioners (EC) will be appointed by the President of India based on the advice of a committee made up of the Prime Minister, the Leader of the Opposition in the Lok Sabha or the leader of the single largest Opposition party and the Chief Justice of India (CJI).

About Election Commission India

• The Election Commission was established in accordance with the Constitution on 25th January 1950.
• The Election Commission of India is an autonomous constitutional body responsible for administering Union and State election processes in India.
• The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of 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

• Its powers, appointment and duties are mentioned in Part XV of the Constitution (Article 324 to Article 329) and the Representation of People Act.
• 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 the ground of religion, race, caste or sex.
• Article 326: Elections to the Lok Sabha and Legislative Assemblies of States to be on the basis of adult suffrage.
• Article 327: Power of Parliament to make provision with respect to elections to legislature.
• 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.

Composition

• Originally the commission had only a Chief Election Commissioner.
• It currently consists of the Chief Election Commissioner and two Election Commissioners.
  • For the first time, two additional Commissioners were appointed on 16th October 1989 but they had a very short tenure till 1st January 1990.
  • Later, on 1st October 1993 two additional Election Commissioners were appointed.
  • The concept of a multi-member Commission has been in operation since then, with decision making power by majority vote.

Appointment ,Tenure & Privileges of Commissioners

• The President appoints Chief Election Commissioner and Election Commissioners.
• They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

Removal of Election Commissioners

• They can resign anytime or can also be removed before the expiry of their term.
• The CEC can be removed from office only by the order of the President, just like a judge of the Supreme Court.

Issue in Removal of other Commissioners

• The Constitutional provision is silent about the procedure for removal of the two Election Commissioners. It only provides that they cannot be removed from office except on the recommendation of the CEC.
• 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.

Power and Functions of ECI

• Determining the Electoral Constituencies’ territorial areas throughout the country.
• Preparing and periodically revising electoral rolls and registering all eligible voters.
• Notifying the schedules and dates of elections and scrutinising nomination papers.
• Granting recognition to the various political parties and allocating them election symbols.
• The Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
• It issues the Model Code of Conduct in elections for political parties and candidates so that no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power.
• Under the Constitution, the Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
• Further, the cases of persons found guilty of corrupt practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period.
• The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.
• The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law.
• The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.