Election Commission of India

ELECTION COMMISSION OF INDIA

The election commission of India is a permanent and an independent body established by the constitution of India directly to ensure free and fair elections in the country. Article 324 of the constitution of India provides that the power of superintendence, direction, and control of elections to parliament, state legislature, the office of President and Vice-president of India shall be vested in the election commission.

Election Commission of India

Thus, the election commission is an all India body in the sense that it is common to both central and state governments.

Composition:

Article 324 of the constitution has made the following provisions with regard to the composition of election commission:
1) The election commission shall consist of the chief election commissioner and such member of other election commissioners, if any, as the president may from time to time fix.
2) The appointment of the chief election commissioner and the other election commissioner shall be made by President.
3) When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.
4) The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
5) The conditions of service and tenure of office of the election commissioners shall be determined by the president.
After 1993, the chief election commissioner is assisted by two election commissioners and hence making it a multi-member body.
The Cheif Election Commissioner along with other members have equal powers and receive the equal salary, allowances and other perquisites which are similar to those of a judge of Supreme Court. In case of the difference of opinion amongst them, the matter is decided by the commission by the majority.
They hold office for a term of 6 years or until they attain the age of 65 years whichever is earlier. They can resign at any time or can also be removed before the expiry of their term.

Powers and Functions:

The powers and Functions of the Election Commission can be classified into three categories; Administrative, Advisory, and Quasi-Judicial.
1) To determine the territorial areas of the electoral constituencies throughout the country on the basis of Delimitation commission (The parliament has made Delimitation Commission Acts in 1952, 1962, 1972 and 2002)
2) To prepare and periodically revise electoral rolls and to register all eligible voters.
3) To notify the dates and schedules of elections and scrutinize nomination papers.
4) To grant recognition to political parties and allow election symbols to them.
5) To act as a court for settling disputes relates to granting of recognition of political parties and allotment of election symbols to them.
6) To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
7) To prepare a roster for publicity of policies of the political parties on radio and television in the times of elections.
8) To advise the president on matters relating to the disqualifications of the members of Parliament and to the governor on matters relating to the state legislature.
9) To cancel polls in the event of rigging, booth capturing, violence, and other irregularities.
10) To request the president or the governor for requisitioning the staff necessary for conducting elections.
11) To supervise the machinery of elections throughout the country to ensure free and fair elections.
12) To advise the president whether elections can be held in a state under president's rule in order to extend the period of emergency after one year.
13) To register political parties for the purpose of elections and grant them the status of anti-national or state parties on the basis of their poll performance.