In a recent development, Election Commissioner Sushil Chandra was appointed as the Chief Election Commissioner (CEC) by the President, taking over from the now retired Sunil Arora. This brings to focus the essential role and responsibility of the Election Commission of India (ECI).
About The Election Commission of India
The ECI is an autonomous constitutional entity, founded on 25th January 1950, now celebrated as National Voters’ Day. Its primary function is to administer Union and State election processes in India. Notably, the ECI does not oversee elections to panchayats and municipalities in states; a separate State Election Commission caters to this.
The ECI monitors elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, as well as the offices of President and Vice President. The secretariat of the ECI is based in New Delhi.
Constitutional Provisions
Part XV (Article 324-329) of the Indian Constitution outlines the role and mandate of the ECI. Article 324 vests the ECI with superintendence, direction, and control of elections. Both Articles 325 and 326 ensure that no person shall be ineligible for inclusion in electoral rolls on grounds of religion, race, caste, or sex. Articles 327 and 328 grant powers to Parliament and state legislatures to make provisions for elections, and Article 329 bars interference by courts in electoral matters.
Structure of the Election Commission of India
Originally, ECI comprised only one election commissioner. However, post the 1989 amendment, it has been converted to a multi-member body. The commission is composed of the CEC and other election commissioners fixed by the President. Currently, it consists of the CEC and two Election Commissioners.
At the state level, the ECI works in collaboration with the Chief Electoral Officer, an IAS rank officer.
Appointment & Tenure of Commissioners
The President is responsible for appointing the CEC and Election Commissioners. These appointments come with a fixed tenure of six years or until the age of 65 years, whichever is earlier. Their statuses, salaries, and perks are equivalent to those of the Judges of the Supreme Court of India.
Removal of Commissioners
The Commissioners can resign any time, or they can be removed before their term ends. The CEC can only be dismissed through a process similar to a Supreme Court judge’s removal, requiring a special majority of the Parliament.
Limitations of the Commission
No specific qualifications (legal, educational, administrative, or judicial) are prescribed by the Constitution for the members of the Election Commission. Neither the term of its members nor any post-retirement restrictions are defined.
Powers and Functions of ECI
Administratively, the ECI has various roles, such as determining territorial areas of electoral constituencies, preparing and revising electoral rolls, recognizing political parties, and allotting election symbols.
Moreover, it has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
Furthermore, it has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the prescribed time and manner.
