The Indian Central Government has recently announced the appointment of Rajiv Kumar as the new Election Commissioner. He is succeeding Ashok Lavasa, who has opted for early resignation to assume a position at the Asian Development Bank (ADB).
Understanding the Election Commission
The Election Commission of India (ECI) is an autonomous constitutional authority bestowed with the responsibility of implementing Union and State election processes in the country. It is responsible for conducting elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, as well as the offices of the President and Vice President, as per Article 324 of the constitution. However, it does not interfere with panchayat and municipal elections in the states. A separate State Election Commission is provisioned for in the Indian Constitution to carry out these tasks.
At present, the ECI comprises the Chief Election Commissioner and two other Election Commissioners, all of whom are appointed by the President. In addition to designating the Chief Election Commissioner, the President may also appoint any number of other Election Commissioners as needed.
The Appointment and Tenure of Commissioners
Election Commissioners hold office for six years, or up until they reach the age of 65, whichever is sooner. They are accorded the same status, salary, and benefits as are provided to Supreme Court Judges. The decision-making process within the Election Commission is a collective one, with each Commissioner getting an equal say.
The Removal of Commissioners
Although Commissioners can resign at any time, their removal before the end of their term requires passing a resolution in both houses of Parliament, backed by a special majority. This is similar to the removal process of a Supreme Court judge, and is executed on grounds of proven misbehavior or incapacity. The President can only remove other Election Commissioners or regional commissioners based on the recommendation of the Chief Election Commissioner.
Limitations and Loopholes
The Indian Constitution does not outline specific qualifications for Election Commissioners, nor does it state explicit terms for their tenure. Furthermore, it does not prohibit retired Election Commissioners from accepting future government appointments.
Powers and Functions of the Election Commission
The ECI has a wide range of administrative, advisory, and quasi-judicial responsibilities. It determines electoral constituency boundaries based on Delimitation Commission Act of Parliament, periodically updates voter rolls, and recognizes political parties, assigning election symbols to them. The Election Commission also enforces a Model Code of Conduct for political parties to ensure fairness during elections.
In terms of advisory jurisdiction, the Commission is responsible for advising on post-election disqualifications of sitting members of Parliament and State Legislatures. In such cases, its opinion is binding on the President or the Governor. The ECI is also called upon to provide opinions in cases involving corrupt practices at elections brought before the Supreme Court and High Courts. Moreover, it reserves the power to disqualify candidates who fail to submit election expense accounts within the prescribed timeline and in the specified manner.
