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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