Functions of Election Commission

Function of Election Commission: The Election Commission takes decisions about conducting and controlling of elections from the announcement of elections to the declaration of results.

The Election Commission allows eligible candidates to part in the election. It has the responsibility to resolve the argument that may arise during the election. Election Commission conducts legal and morally upright elections in accordance with the Model Rules of Ethics. Election Commission of India holds elections for the President and Vice President of India as well as the Lok Sabha, Rajya Sabha, and State Legislatures in that nation.

What are Functions of Election Commission?

Functions of Election Commission include:

• The Election Commission of India is directly Superintendent and controls the conduct of elections to the Parliament and Legislature of each State and the offices of the President and Vice President of India.
• The Election Commission determines electoral territories based on constituencies across the country based on the Parliamentary Delimitation Commission Act.
• Another function of the election Commission is to release the election schedules on time to conduct timely elections, whether general or by-elections.
• The Election Commission should periodically prepare revised voter lists and register all eligible voters across the country.
• It will grant recognition to political parties in the country and assign election symbols to them.
• The Election Commission will update the party status on whether they fall under the purview of national or state-level parties based on their poll performance in the recent elections.
• The election commission acts as a court and resolves disputes between political parties over recognition problems and issues related to the symbols assigned to them.
• The Election Commission appoints independent officials to investigate disputes related to election arrangements.
• The Election Commission ensures that political parties strictly should follow the Model Code of Conduct.
• Regarding the disqualification of Members of Parliament and Legislature, the Election Commission advises the President and Governor of the States respectively.
• The Election Commission may cancel elections on election day if rigging, violence, or any other irregularities are found to have occurred.

Structures of the Election Commission

The structures of the Election Commission are as follows:

• The Election Commission structured in a way that it consists of the Chief Election Commissioner and other Election Commissioners appointed for a fixed period by the President.
• If any other Election Commissioner is appointed by the President as the Chief Election Commissioner, then he/she shall act as the Chairman of the Election Commission.
• The President may also appoint a regional Election Commissioner after consulting with the Chief Election Commissioner to assist him in overcoming the workload in the election commission.

Appointment, Tenure & Removal of the Election Commissioners

Here are the appointment, tenure, and removal process of Election Commissioners:

• The President appoints the Election Commissioner and other Election Commissioners.
• The fixed term of office for them is up to six years or the age of 65 years, whichever is earlier.
• They enjoy the same status available to Indian Supreme Court judges.
• The Chief Election Commissioner can be removed from the office only through the process of removing on the same ground as an SC judge by Parliament. This means that the President can remove him based on a resolution passed by a special majority of both Houses of Parliament on the ground of proven misbehavior or incapacity.
• No other Election Commissioner or Regional Commissioner shall be removed from office except on the recommendation of the Chief Election Commissioner to the President.

Articles Related to Election Commission(Articles 324 – 329)

The Following are the articles related to Election Commission (Articles 324 – 329):

Article 324	The superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of all elections to Parliament and the legislature of every State and elections to the offices of President and Vice-President.
Article 325	No person shall be disqualified for inclusion in any electoral rolls based on religion, race, caste, gender, or anything them.
Article 326	The elections to the house of the people and the legislative assembly of every State shall be based on adult suffrage.
Article 327	Subject to the provisions of this Constitution, Parliament may from time to time make provisions by law concerning all matters relating to or in connection therewith elections to the Parliament or Legislature of a state.
Article 328	The Legislature of a State may from time to time by law make provision concerning all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State.
Article 329	Prevents the intervention of the courts in electoral matters.

Independent Provisions Related to the Election Commission

Important and independent provisions that are related to the Election Commission are:

• The tenure of the Chief Election Commissioner is protected by the Constitution of India.
• The Constitution of India guarantees the independent provision of the service conditions of the Chief election commissioner and should not change to his disadvantage after his appointment related to the Election Commission.
• The Constitution has not prescribed the qualification concerning education, administration, or judicial to become a member of the election commission.
• The Constitution does not specify the term of office of members of the Election commission.
• The Constitution does not prohibit retired election commissioners from any subsequent appointment by the Government.
• The Constitution does not use the term “impeachment” for the removal of judges, the CAG, and the Chief Election Commissioner.

Quasi-judicial Features of the Election Commission

The following are the Quasi-judicial features of the Election Commission:

• The Constitution of India confers quasi-judicial powers on the Election Commission, which deals with the post-election disqualification of members of Parliament and state legislatures.
• In all such matters, the opinion of the Election Commission shall be binding on the President or the Governor and the decision of the Election Commission is quasi-judicial under the provisions of Section 29A(7) of the People Act, 1951. 
• Section 11 of the Representation of the People Act, 1951 empowers the Election Commission to remove any disqualification list, and under Sec. 11B of the Representation of the People Act, 1951. The Election Commission also has the power to remove disqualification from the voter list.
• According to Section 13CC of the Representation of the People Act, 1950, Chief Election Commissioners of States take disciplinary action against erring officers.

Challenges Faced by Election Commission

Some of the challanges that Election Commission faces are as follows:

• Whenever Parliament or any State Legislature makes a law relating to elections under Article 324 of the Constitution, the Election Commission shall act by such provisions. The Election Commission faced this challenge in the case of Mohinder Singh Gill vs. Chief Election Commissioner and Shri K. Ganesan vs. Secretary of the Election Commission.
• The Supreme Court has made it clear that the Election Commission’s orders are subject to judicial review and its power is not unfettered. that means that the judicial powers enjoyed by the Election Commission should depend on the facts and circumstances of each case.
• The Election Commission is not a completely independent organization. It has no powers to regulate party finances and no power to enforce internal party democracy.
• Increased violence due to electoral malpractice and pecuniary influence led to political criminalization, but unfortunately, the ECI is unable to punish political parties involved in this violation.
• Allegations of malfunctioning of EVMs, hacking, non-registration of votes, and rigging have undermined the confidence of the general public in the Election Commission.

FAQs on Functions of Election Commission

What are the functions of Election Commissioner of India?

Election Commission functions: EC takes decisions on every aspect of conduct and control of elections from the announcement of elections to the declaration of results in country. From the announcement of elections through the declaration of results, the Election Commission makes decisions about every aspect of the conduct and control of elections. It puts the Code of Conduct into effect and reprimands any candidates or parties that break it.

What is Article 324 and 325?

• Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
• Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on ground of religion, race, caste or sex.

Who appoints the Chief Election Commissioner (CEC)?

Chief Election Commissioner (CEC) are appointed by Precident of India. CEC and ECs are chosen by the President of India on the recommendation of a committee made up of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

How is election commissioner selected?

The process of selection of election commissioner are as follows: Chief Election Commissioner (CEC) and as many other Election Commissioners (ECs), as the President determine, make up the Election Commission, according to Article 324 of the Constitution. The President appoints the CEC and the other ECs.

Who can remove election commissioner?

According to a resolution voted by both houses of parliament with a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proven misbehavior or incapacity, the Chief Election Commissioner of India may be removed from his position by the president.