Saturday, 4 June 2022

Election Commission

 Election Commission


The election commission is a permanent and an

independent body established by the Constitution. The

power of the superintendence, direction, and control of

elections to Parliament, State Legislatures, the office of

President of India and the office of Vice President of

India is vested in the Election Commission. Thus, the

Election Commission is an all India body in the sense that

it is common to both the Central Government and the

State Governments.

The power vested in the Election Commission under

article 324 of the Indian Constitution.


Composition


Article 324 of the Constitution has made the following

provisions with regards to the composition of the Election

Commission:

 The Election Commission shall consist of the Chief

Election Commissioner and such number of other


Election Commissioners, if any, as the President

may from time to time fix.

 The appointment of the Chief Election

Commissioner and other Election Commissioners

shall be made by the President.

 When any other Election Commissioner is

appointed the Chief Election Commissioner shall

act as the Chairman of the Election Commission.

 The President may also appoint after consultation

with the Election Commission such Regional

Commissioner's as he may consider necessary to

assist the Election Commission.

 The conditions of service and tenure of office of the

Election Commissioners and the Regional

Commissioner shall be determined by the President.


The Chief Election Commissioner and other

Election Commissioners have equal powers and

receive equal salaries, allowances and other

prequisites.

In case of difference of opinion among the Chief

Election Commissioner and/or two other Election

Commissioner, the matter is decided by the

majority.


The Chief Election Commissioner and other

Election Commissioners are entitled to the same

salary and other facilities as are provided to a Judge

of Supreme Court.


They hold office for a term of six years or until they

attain the age of 65 years, whichever is earlier. They

can resign at any time or can also be removed

before the expiry of the term.


Safeguards to Election Commission


Article 324 of the Constitution has made the

following provisions to safeguard and ensure the

independent and impartial functioning of the

Election Commission:

 The Chief Election Commissioner is provided with

the security of tenure. He cannot be removed from

his office except in the same matter and on the same

Grounds as a judge of the Supreme Court of India.

In other words, he can be removed by the President

on the basis of a resolution passed to that effect by

both the Houses of Parliament with special majority,


either on the ground of proved misbehavior or

incapacity.

Thus, he does not hold his office till the pleasure of

President, though he is appointed by him.

 The service conditions of a Chief Election

Commissioner cannot be varied to his disadvantage

after his appointment.

 Any other Election Commissioners or a Regional

Commissioner cannot be removed from office

except on the recommendation of the Chief Election

Commissioner.


Powers and Functions


The powers and functions of the Election

Commission with regards to elections to the

Parliament, State legislatures and offices of the

President Vice-President can be numbered as

following:

 To determine the territorial areas of the electoral

constituencies throughout the country on the basis

of the Delimitation Commission Act of Parliament,

1952, as amended in 1962, 1972 and 2002.

 To prepare and periodically revise electoral rolls

and to register all eligible voters.


 To notify the dates and schedules of elections and

to scrutinize nomination papers.

 To grant recognition of political parties and allot

election symbols to them.

 To act as a Court for settling disputes related to

granting of recognition to political parties and

allotment of election symbols to them.

 To appoint officers for inquiring into disputes

relating to electoral agreements.

 To determine the code of conduct to be observed by

the parties and the candidates at the time of

elections.

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