Friday, 26 July 2013

Election Commission

Election Commission
  • Article 324 of the Constitution of India has provided for an Election Commission.
  • It is a permanent body governed by rules specified in the constitution.
  •  The Election Commission was established on 25 January 1950. Originally the commission had only a Chief Election Commissioner. But, currently the commission consists of a Chief Election Commissioner (CEC) and two Election Commissioners, appointed by the president of India. The concept of multi-member Commission has been in operation since 1993, with decision making power by majority vote.
The President of India appoints the Chief Election Commissioner and two Election Commissioners.

Service conditions of Chief Election Commissioner:

  1. Chief Election Commission shall be appointed for a term of 6 years or till he attain an age of 65 years.
  2. He is ineligible for reappointment after his retirement.
  3. He is ineligible to hold any office of profit under the State after his retirement.
  4. His salary, allowances and pensions are charged under Consolidated Fund of India (CFI).
  5. His salaries, allowances and pensions cannot be reduced except during a financial emergency.
  6. He draws salaries and allowances at par with those of the Judges of the Supreme Court of India.
Election Commissioners

The Election Commissioners are appointed by the President and the President need not have to consult Chief Election Commissioner in this regard. However, the Election Commissioners shall not be removed without the recommendation of Chief Election Commissioner.

 Election Commission service conditions:-

  1. An Election Commissioner is appointed for a term of 6 years or till he attains the age of 65 years.
  2. An Election Commissioner is eligible to be appointed as Chief Election Commissioner provided cumulatively his term as CEC and Election Commissioner shall not exceed 6 years.
  3. He is not eligible to hold any office of profit after his retirement.
  4. He draws salaries and allowances at par with those of the Judges of the Supreme Court of India.
Removal of Chief Election Commissioner

  • The Chief Election Commissioner can be removed from his office by Parliament with two-thirds majority in LokSabha and RajyaSabha on the ground of proved misbehaviour or incapacity.
  •  Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.
Functions of Election Commission:

The main functions of the Election Commission are as under:

1.  To conduct free, fair and peaceful elections.
2.  To prepare electoral rolls and get them revised before every election.
3.  To conduct the elections of:

               ·   President,
               ·   Vice-President,
               ·   members of both the Houses of Parliament,
               ·   Members of Legislative Assemblies and Legislative Councils of various States.
4.  Delimitation of Constituencies.
5.  To give recognition to political parties as All India Parties or Regional Parties on the basis       of the votes received by them in the last elections.
6.  To allot symbols of various political parties and independent candidates. It hears and                settles all the disputes with regard to symbols.
7.  To cancel polls in case of large scale rigging, irregularities or violence.
8.  To give opinion to the President of India about the possibility of holding elections in a State under President's rule after the expiry of six months.
9.  To advise the President or a Governor on matters pertaining to disqualification of a legislator.
10. To conduct by-elections for filling up vacancies in Parliament or any State legislature.


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