The Election Commission of India is a permanent and independent organization established under Article 324 of the Indian Constitution to ensure free and fair elections. It has superintendence, direction, and control over elections to parliament, state legislatures, the office of president of India, and the office of vice-president of India.
Composition
The following provisions about the composition of the electoral commission are found in the constitution:
- The election commission will be made up of the Chief Election Commissioner and as many other election commissioners as the president deem necessary.
- The chief election commissioner and other election commissioners are appointed by the president of India.
- When a new election commissioner is appointed, the chief election commissioner will serve as the chairman of the election commission.
- After consulting with the election commission, the president may appoint regional commissioners (as many as he like) to assist the election commission.
- The conditions of service and tenure of office for election commissioners and regional commissioners are determined by the president.
Relation between Chief Election Commissioners and Election Commissioners
The Election Commission has been operating as a multi-member body with three election commissioners. The chief election commissioner and the other two election commissioners have equal authority and are paid equally in terms of pay, allowances, and other benefits. If the Chief Election Commissioner and/or two other selection commissioners disagree, the subject is settled by the Commission by a majority vote. They are elected for a six-year term or until they reach the age of 65, whichever comes first and can resign at any time or be removed before their tenure expires.
Powers and functions
- It has the authority to determine the territorial areas of electoral constituencies, prepare electoral rolls, inform election dates and schedules, recognize political parties, assign election emblems to parties, and determine the code of conduct during elections, among other things.
- It has the authority to advise the President and Governor on disqualifications of members of Parliament and state legislatures, respectively.
- To advise the president on whether elections can be held in a state under the president’s authority after one year in order to extend the state of emergency.
- In instances involving post-election disputes between candidates and political parties, it advises the High Courts and Supreme Court.
- It also serves as a tribunal for resolving disagreements over the recognition of political parties and the distribution of electoral symbols to them.
Challenges in the functioning of the Election Commission
- There are no mandated qualifications in the constitution, and members are appointed without any established criteria or processes, and the administration makes the appointments unilaterally, which might politicize the process and erode its legitimacy.
- The term the members of the electoral commission is not defined in the Constitution. They also do not have the same level of tenure security as CECs.
- The departing Election Commissioners are not prohibited by the Constitution from taking up a state-funded job or joining a political party once they retire.
- They have absolute power under Article 324, but they must act in accordance with Parliament’s rules and cannot violate them.
- In terms of office finances, legal knowledge, security personnel, and other staff, the ECI has been proven to be reliant on several government ministries.
- Since the ECI lacks the required authority, it is unable to prevent political criminality or the use of money and muscle power in elections.
- Recent charges of widespread violations of the Model Code of Conduct debates on the operation of Electoral Voting Machines, election schedule, and other commission directives have questioned ECI’s integrity.
Sample Questions
Question 1: What is the most important function of the Election commission of India?
Answer:
The main role is to administer and enforce all laws and regulations relative to the conduct of the election, initiatives, and recall.
Question 2: For what reasons is Election Commission Quasi-Judicial?
Answer:
It is because they have the authority to settle disputes regarding recognition granted to political parties and candidates.
Question 3: When was EVM started in India?
Answer:
Indian electronic voting machine was developed in 1989 by the Election Commission of India in collaboration with Bharat Electronics Limited and Electronics Cooperation of India Limited.