- Composition of Election Commission
- Independence and safeguard
- Powers and Functions
- Important Article
- Most Important M.C.Q
Election Commission :- election Commission is a permanent and independent body established by the Constitution of India directly to ensure free and fair election in India.
Background :- Part XV of the Indian constitution deals with elections and establishments a commission for the matters.
The election commission was established is accordance with the constitution on 25th January 1950.
Article 324 to 329 to the constitution deals with powers, function, tenure , eligibility etc of the Commission and Member.
| Articles related to Elections | |
| 324 | Superintendence, direction and control of elections to be vested in an Election Commission. |
| 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. |
| 326 | Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. |
| 327 | Power of Parliament to make provision with respect to elections to Legislatures. |
| 328 | Power of Legislature of a State to make provision with respect to elections to such Legislature. |
| 329 | Bar to interference by courts in electoral matters. |
Article 324 of the Constitution provides that power of Superintendence direction and control of election to Parliament , State legislatures, the office of President of India and the Vice President of India.
Election Commission is an all India body in sense that it is common to both the Central Government and the state Governments.
Election Commission is not concerned with the elections to Panchayts and Municipalities in the States. For this The constitution of India Provides for a Separate State election Commission.
Composition :-
- The election commission shall consists of the Chief election commissioner and such member of other election commissioners, if any, as the President may from time to time fix.
- Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
- The President appoints Chief Election Commissioner and Election Commissioners.
- When any other election commissioner is so appointed the chief election commissioner shall be act as the chairman of the election commission.
- The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
- The condition of Service and tenure of office of the election commissioners and the regional commissioners shall be determined by the President.
- They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.They can resign at any time can also be removed before the expiry of them.
The Chief election commissioner and the two other election commissioner have equal powers and receive equal salary allowances and other perquisites which are similar to those of judge of Supreme Court. In case of difference of opinion amongst the C.E.C. and E.C, the matter is decided by majority
Independence:-
Article 324 of the constitution has made the following provision to safeguard and ensure the independent and impartial functioning of the Election Commission.
1. The Chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same grounds as a judge of Supreme Court.
Procedure of Removal
- Judges of High Courts and Supreme Court, Chief Election Commissioner,Comptroller and Auditor General (CAG) may be Removed from office through a motion adopted by Parliament on grounds of ‘Proven misbehaviour or incapacity’.
- Removal requires special majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
- The Constitution does not use the word ‘impeachment’, for the removal of the judges, CAG, CEC.
- The term ‘Impeachment’ is only used for removing the President which requires the special majority of 2/3rd members of the total strength of both the houses which is not used elsewhere.
Thus C.E.C. does not hold his office till the pleasure of the President, though he is appointmented by the president.
2. The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment .
Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the Chief election Commissioner.
Some other flaws :-
- The constitution had not prescribed the qualification (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 commissionerz from any further appointment by the Government.
FUNCTION
- Election Commission of India superintendents, direct and control the entire process of conducting elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.
- The most important function of the commission is to decide the election schedules for the conduct of periodic and timely elections, whether general or bye-elections.
- It prepares electoral roll, issues Electronic Photo Identity Card (EPIC).
- It decides on the location polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters.
- It grants recognition to political parties & allot election symbols to them along with settling disputes related to it.
- 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 election for political parties and candidates so that the no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power.
- It sets limits of campaign expenditure per candidate to all the political parties, and also monitors the same.
Important question related to Election Commission of India
Q1.What are the powers of the Election Commission in India?
Q 2. Who elects the members of the election commission?
Q 3. Removal process of C.E.C.
| Chief Election Commissioners of India | Tenure |
| Sukumar Sen | 21 March 1950 – 19 December 1958 |
| Kalyan Sundaram | 20 December 1958 – 30 September 1967 |
| S. P. Sen Verma | 1 October 1967 – 30 September 1972 |
| Nagendra Singh | 1 October 1972 – 6 February 1973 |
| T. Swaminathan | 7 February 1973 – 17 June 1977 |
| S.L. Shakdhar | 18 June 1977 – 17 June 1982 |
| R.K Trivedi | 18 June 1982 – 31 December 1985 |
| R.V.S Peri Sastri | 1 January 1986 – 25 November 1990 |
| V.S. Ramadevi | 26 November 1990 – 11 December 1990 |
| T.N Seshan | 12 December 1990 – 11 December 1996 |
| M.S Gill | 12 December 1996 – 13 June 2001 |
| James Michael Lyngdoh | 14 June 2001 – 7 February 2004 |
| T. S. Krishnamurthy | 8 February 2004 – 15 May 2005 |
| B. B. Tandon | 16 May 2005 – 29 June 2006 |
| N. Gopalaswami | 30 June 2006 – 20 April 2009 |
| Navin Chawla | 21 April 2009 – 29 July 2010 |
| S. Y. Quraishi | 30 July 2010 – 10 June 2012 |
| V. S. Sampath | 11 June 2012 – 15 January 2015 |
| Harishankar Brahma | 16 January 2015 – 18 April 2015 |
| Nasim Zaidi | 19 April 2015 – 5 July 2017 |
| Achal Kumar Jyoti | 6 July 2017 – 22 January 2018 |
| Om Prakash Rawat | 23 January 2018 – 1 December 2018 |
| Sunil Arora | 2 December 2018 – Incumbent |
Election Commissioner- Salient Points
- V. S Ramadevi was the first woman to become the Chief Election Commissioner of India.
- State Election Commissioner is appointed by the Governor.
- The tenure and perks of the CIC and IC officials are defined in the Right to Information Act
Some MCQ RELATED TO THIS TOPIC
( if you read the article carefully , you will solve these questions very easily)
1. Which of the following is a constitutional body?
(a) Election Commission
(b) Finance Commission
(c) National Commission for Scheduled Castes
(d) All of the above
Answer d
2. Which statement about the Election Commission is not correct?
(a) It is a permanent and independent body
(b) It is responsible for getting conduct the elections of President, Vice President and Municipal Corporations
(c) Article 324 of the Constitution envisages the provisions relating to the Election Commission
(d) This is an all-India institution
Answer b
3. How many Election Commissioners are in the Election Commission?
(a) 3
(b) 4
(c) 5
(d) 6
Answer :-A
4. Who appoints the Chief Election Commissioner?
(a) Parliament
(b) President of India
(c) Prime Minister
(d) Law Minister
Answer b
Interpreting: President of India
5. Which of the following statements is correct?
(a) The powers of the Chief Election Commissioner and two other Election Commissioners vary in many ways.
(b) The salary and allowances of the Election Commissioner are similar to that of the High Court Judge.
(c) The Governor appoints State Election Commissions on the advice of the Election Commission
(d) The term of the Election Commissioners is up to 6 years or 65 years of age.
Answer d
Explanation: The term of the Election Commissioners is up to 6 years or 65 years of age.
6. Which of the following is not the work of Election Commission?
(a) To conduct the election of Lok Sabha, Legislative Assembly, President and Vice President
(b) Approval of setting up of political parties
(c) Deciding the disqualification of a Member of Parliament by using his discretion power
(d) Advising the governor on matters related to the disqualification of members of the Legislative Council
Answer c
Explanation: The Election Commission shall seek the approval of the president in deciding the disqualification of a Member of Parliament.
7. What kind of procedure should be followed to remove the Chief Election Commissioner?
(a) As it is followed to remove the Chief Justice of High Court
(b) As it is followed to remove the Judge of the Supreme Court
(c) By passing a resolution in the Lok Sabha only
(d) None of the above
Answer b
Explanation: As it is followed to remove the Judge of the Supreme Court.
8. The State Election Commissioner can be removed on the basis of whose recommendation.
(a) Law Minister
(b) Chief Election Commissioner
(c) Governor
(d) Chief Justice of the High Court
Answer b
Explanation: Chief Election Commissioner
9. Whose election is not held under the supervision of the Chief Election Commissioner?
(a) Legislative Assembly
(b) Vice President
(c) Gram Panchayat
(d) President
Answer c
Explanation: Election of Gram Panchayat is done under the supervision of the State Election Commission.
10. Which qualification is given in the constitution to be elected a commissioner of Election Commission?
(a) Being in Indian Administrative Service
(b) Shall have Experience of at least 5 years as a lawyer in a High Court
(c) Completion of 35 years of age
(d) None of the above
Answer d
Explanation: No qualification has been fixed in the constitution to be appointed as election commissioner
Source :- M.C.Q source Jagran Josh.
