In the recent developments in the political strata of India, the President has marked Rajiv Kumar’s appointment as the new Chief Election Commissioner (CEC) succeeding Sushil Chandra. This article unfolds the various aspects surrounding the position of the CEC and provides information on other topics such as the Model Code of Conduct and Constitutional Bodies.
Overview of the Election Commission of India
The Election Commission of India (ECI) is a self-governing constitutional body that oversees the Union and State election processes in India. It took shape based on the Constitution of India on 25th January 1950, a day celebrated annually as the national voter’s day. While its headquarters is located in New Delhi, its duty encompasses administering elections to several entities like the Lok Sabha, Rajya Sabha, and State Legislative Assemblies. Additionally, it’s involved in elections concerning the offices of the President and Vice President. However, their jurisdiction doesn’t extend to panchayats and municipalities elections, which come under a separate State Election Commission.
Constitutional Provisions Regarding Elections
Part XV (Article 324-329) of the Indian Constitution details the rules regarding elections and the establishment of a commission to manage these matters. Various Articles deal with election-related topics, such as Article 326, which mandates adult suffrage for elections to the House of the People and Legislative Assemblies of States. Similarly, Article 329 restricts courts from interfering in electoral matters.
Election Commission of India: Structure
Originally the commission consisted of one election commissioner, however, after the Election Commissioner Amendment Act 1989, a multi-member body was established. At present, it comprises the Chief Election Commissioner (CEC) and two Election Commissioners. Each state also has a Chief Electoral Officer of IAS rank who assists the election commission.
Appointment, Tenure, and Removal of Commissioners
The appointment of CEC and Election Commissioners is done by the President. They are given a tenure of six years, or up to the age of 65 years, whichever is earlier. Along with holding the same status, their salary and perks align with the Judges of the Supreme Court (SC) of India. They can resign anytime or be removed before their term expires, but the removal of the CEC can only happen following a SC judge removal procedure by Parliament.
Powers and Functions of Election Commission of India
As an administrative authority, the ECI has various responsibilities such as determining electoral constituencies’ territorial areas based on the Delimitation Commission Act of Parliament, preparing and revising electoral rolls, and granting recognition to political parties. They also ensure fair play for the political parties during elections by enforcing a Model Code of Conduct. Apart from the administrative role, the ECI holds advisory jurisdiction and quasi-judicial functions. It provides opinions on post-election disqualification of sitting members which binds the President or the Governor. Moreover, it has the power to disqualify a candidate who fails to account for his election expenses within the stipulated time and in the prescribed manner.
Lately, previous year’s questions from the UPSC Civil Services Examination were framed considering statements like “The Election Commission of India is a five-member body.” and “Election Commission resolves disputes relating to splits/mergers of recognized political parties.”. Consequently, the correct answer to these statements being true was deemed to be (d) 3 only.
