What is Election Commission of India? – Composition, Objective, Powers & Functions, Roles & responsibilities, Article 324
Table of Contents
Introduction
The Election Commission of India known as the Backbone of Indian Democracy. This backbone works day & night keep Indian Democracy Raise straight & still. However, many people are not aware of Election Commission of India & its power and roles and responsibilities.
This is why, through this blog, we have tried to solve this problem. In this blog, we have added all the details about Election Commission of India that you must aware of. If you are preparing for competitive examinations in India and looking for Election Commission of India UPSC Questions, then this blog is for you. If you are excited to know all the details about Election Commission of India, then read this blog till the end.
So, let’s start-
What is Election Commission of India (ECI)? – Election Commission of India UPSC – About Election Commission of India
The Election Commission of India (ECI) is a permanent and independent constitutional body, established to ensure the integrity of elections across the nation. Enshrined in Article 324 of the Constitution, the ECI holds the authority for the superintendence, direction, and control of elections to the Parliament, state legislatures, as well as the offices of the President and Vice President of India.
This mandate reflects the ECI’s pivotal role in maintaining the democratic fabric of the country. The Election Commission operates as an all-India body, common to both the Central government and state governments, emphasizing its impartial and autonomous nature.
It’s crucial to highlight that the Election Commission’s jurisdiction extends specifically to national and state-level elections, excluding its involvement in panchayat and municipality elections. For the latter, the Constitution designates a separate entity, the State Election Commission.
The ECI, with its commitment to free and fair elections, employs advanced technology, implements the Election Code of Conduct, regulates political parties, and conducts voter education programs, contributing significantly to the democratic foundation of India.
Election Commission Of India Official Website – https://www.eci.gov.in/
Composition of Election Commission of India
Election Commission of India have an pyramid Structure. In this structure, there are many levels and on the top of all levels, headed by Chief Election Commissioner of India. [For now, the Current Election Commissioner of India is Shri Rajiv Kumar. He is the current Chief Election Commissioner of India, assuming office on May 15, 2022 ]
1. Chief Election Commissioner (CEC)
The ECI is headed by the Chief Election Commissioner, who is appointed by the President. The CEC is responsible for leading the commission and overseeing the conduct of elections.
2. Other Election Commissioners
The ECI may include other election commissioners, the number of which is determined by the President. If additional commissioners are appointed, the Chief Election Commissioner acts as the chairman of the commission.
3. Regional Commissioners
The President, in consultation with the ECI, has the authority to appoint regional commissioners to assist the Election Commission as deemed necessary.
4. Appointment and Conditions
The President is responsible for appointing both the Chief Election Commissioner and other election commissioners. The conditions of service and tenure of office for the commissioners, including regional commissioners, are determined by the President.
5. Historical Changes
Initially, from 1950 to October 15, 1989, the ECI operated as a single-member body with only the Chief Election Commissioner. Changes in October 1989 and January 1990 briefly led to a three-member commission, but by January 1990, it reverted to a single-member body. Since October 1993, the ECI has consistently functioned as a three-member body.
6. Equal Powers and Terms
The Chief Election Commissioner and other election commissioners hold equal powers and receive comparable salaries, allowances, and perquisites akin to a Supreme Court judge. In case of disagreements, decisions are made by a majority vote.
7. Term and Removal
Commissioners hold office for a term of six years or until they turn 65, whichever comes earlier. They can resign at any time or be removed before the term’s expiry.
Independence of Election Commission of India
Election Commission of India is independent body of Indian Democracy & this is why, this body can take care Indian Democracy Greatly.
Ensuring Independence
- Security of Tenure for CEC: The Chief Election Commissioner (CEC) enjoys security of tenure, shielded from arbitrary removal. Removal requires a resolution by both Houses of Parliament with a special majority, based on proved misbehavior or incapacity.
- Immutable Service Conditions: The service conditions of the CEC remain unchanged to his disadvantage post-appointment, ensuring stability and independence in decision-making without external interference.
- Protection for Other Commissioners: Election commissioners and regional commissioners can only be removed with the recommendation of the CEC, providing an additional layer of protection against unwarranted removal.
- Qualification Standards: The Constitution lacks explicit specifications regarding the qualifications (legal, educational, administrative, or judicial) for Election Commission members, leaving room for subjective interpretations.
- Unspecified Term: The Constitution does not define the term of office for Election Commission members, leading to potential uncertainty and impacting the institutional stability of the commission.
Challenges to Independence
- Post-Retirement Appointments: The Constitution does not prohibit retiring election commissioners from accepting further government appointments, raising concerns about potential post-retirement influences on their decisions.
- Clarity on Qualifications: The absence of specific qualifications for Election Commission members in the Constitution may result in varied interpretations, affecting the standardization of expertise within the commission.
- Undefined Term Limits: The Constitution’s lack of defined term limits for Election Commission members may contribute to uncertainty and could impact the consistency and predictability of the commission’s functioning.
While Article 324 ensures the independence of the Election Commission, addressing these identified challenges through reforms is essential to strengthen the institution’s autonomy and impartiality.
Powers & Functions of Election Commission of India – Roles & Responsibilities of Election Commission of India
We have enlisted both Powers & Functions of Election Commission of India below. The Election Commission of India (ECI) is vested with diverse powers and functions, encompassing administrative, advisory, and quasi-judicial aspects related to elections at various levels:
1. Administrative Functions
- Delimitation of Constituencies: Determine the territorial areas of electoral constituencies nationwide based on the Delimitation Commission Act of Parliament.
- Electoral Rolls: Prepare and periodically revise electoral rolls, registering all eligible voters.
- Election Notification: Notify dates and schedules of elections, scrutinize nomination papers, and oversee the electoral process.
- Political Party Recognition: Grant recognition to political parties and allocate election symbols to them.
- Dispute Resolution: Act as a court for settling disputes related to the recognition of political parties and the allotment of election symbols.
- Appointment of Officers: Appoint officers to inquire into disputes regarding electoral arrangements.
2. Advisory Functions
- Code of Conduct: Determine the code of conduct for political parties and candidates during elections.
- Publicity Roster: Prepare a roster for the publicity of political parties’ policies on radio and TV during elections.
- Advice on Disqualifications: Advise the President on matters related to disqualifications of Members of Parliament and advise Governors on state legislature disqualifications.
- Registration of Political Parties: Register political parties for election purposes and grant them national or state party status based on their poll performance.
3. Quasi-Judicial Functions
- Poll Cancellation: Cancel polls in the event of rigging, booth capturing, violence, and other irregularities.
- Requisitioning Staff: Request the President or Governor to requisition necessary staff for conducting elections.
- Supervision: Supervise the election machinery nationwide to ensure the conduct of free and fair elections.
- Emergency Extension: Advise the President on the possibility of holding elections in a state under President’s rule to extend the period of emergency after one year.
4. Assistance Structure
- Political Party Registration: Register political parties and determine their national or state party status based on poll performance.
Provisions of Article 324 of Indian Constitution
Article 324 of the Indian Constitution delineates pivotal provisions governing the Election Commission of India (ECI), comprising:
- Supervisory Authority: Empowers the ECI with superintendence, direction, and control over parliamentary, state legislature, President, and Vice-President elections.
- Composition: Specifies the Chief Election Commissioner and other commissioners’ appointment by the President, with conditions of service determined by the President.
- Independence Safeguards: Grants the Chief Election Commissioner security of tenure, akin to a Supreme Court judge, protecting against arbitrary removal.
- Disqualification Advice: Authorizes the ECI to advise the President on disqualifications of Parliament members and Governors on state legislature disqualifications.
- Advisory Role: Allows the ECI to advise the President on extending emergency-related elections after one year.
Model Code of Conduct
The Model Code of Conduct (MCC) is a set of guidelines and rules established by the Election Commission of India (ECI) to regulate the conduct of political parties, candidates, and government officials during elections. Key details about the Model Code of Conduct include:
Objective
The primary aim of the MCC is to ensure free and fair elections by preventing the misuse of governmental power and resources for electoral gains and by promoting a level playing field among political parties and candidates.
Applicability
The MCC comes into effect as soon as the election dates are announced and remains in force until the completion of the electoral process.
Key Provisions
- Campaigning: It regulates the timing, location, and content of election campaign activities to avoid the use of government machinery for partisan purposes.
- Public Meetings and Processions: Guidelines for organizing public meetings and processions are outlined to maintain law and order and prevent any disruptions.
- Use of Government Resources: It prohibits the use of government resources, including vehicles and premises, for campaign purposes.
- Party Manifestos: Political parties are expected to adhere to the principles of the MCC in their election manifestos.
Code for Political Parties and Candidates
- Respect for Rivals: Encourages political parties and candidates to refrain from making personal attacks on rival candidates and to focus on political issues.
- Avoiding Religious and Communal Appeals: Discourages the use of religious and communal sentiments for electoral gains.
- Maintenance of Secular Atmosphere: Advocates maintaining a secular atmosphere and avoiding any appeal to caste or communal feelings.
Enforcement and Monitoring
- The Election Commission is responsible for monitoring and enforcing the Model Code of Conduct.
- It may take various actions, including issuing warnings, censures, or even filing criminal cases against violators.
- Review and Updates: The Model Code of Conduct is periodically reviewed and updated by the Election Commission to address emerging challenges and ensure its relevance.
- Public Awareness: The Election Commission conducts awareness campaigns to educate the public, political parties, and candidates about the provisions of the Model Code of Conduct.
Key Facts about Election Commission of India – Interesting facts about Election Commission of India
We have enlisted the Interesting facts about Election Commission of India / Key Facts about Election Commission of India below-
| Fact | Information |
| Establishment | January 25, 1950 |
| Independent Body | Yes |
| Multi-member Commission | Chief Election Commissioner and other Election Commissioners |
| Constitutional Mandate | Article 324 of the Indian Constitution |
| Chief Election Commissioner | Appointed by the President of India |
| Tenure | Fixed tenure or until the age of 65, whichever is earlier |
| Primary Functions | Delimitation of constituencies, preparation of electoral rolls, conduct of elections |
| Model Code of Conduct | Enforced during elections, regulates behavior of political parties and candidates |
| Voter Education | Conducts extensive voter education programs |
| Electronic Voting Machines (EVMs) | Introduced for efficient and transparent voting |
| Lok Sabha and Rajya Sabha Elections | Oversees elections for the Lok Sabha and Rajya Sabha |
| State Elections | Conducts elections for State Legislative Assemblies and Union Territory Legislative Assemblies |
| Presidential and Vice-Presidential Elections | Conducts elections for the offices of the President and Vice President of India |
| International Recognition | Widely recognized for conducting free and fair elections |
| Political Party Recognition | Grants recognition to political parties and allocates symbols based on performance |
| Dispute Resolution | Acts as a quasi-judicial body, resolving disputes related to political party recognition and election symbols |
| Advisory Role | Advises the President and Governors on matters related to disqualifications |
| Cancellation of Polls | Has authority to cancel polls in cases of irregularities like rigging or violence |
| Assistance Structure | Assisted by Deputy Election Commissioners and civil service officials |
| Continuous Improvement | Regularly reviews and updates electoral processes, introduces innovations for transparency and credibility |
Latest News on Election Commission of Indian 2024
The Election Commission of India (ECI) has revised rules for the allocation of symbols to registered unrecognised political parties (RUPPs). Effective from January 11, new regulations require RUPPs to submit audited accounts for the last three financial years, expenditure statements for the last two elections, and the signature of the authorized office-bearer with the symbol application.
RUPPs, encompassing newly-registered or those not securing sufficient votes, receive common symbols by committing to fielding a minimum of 5% candidates in a Legislative Assembly election. The move aims to enhance transparency, building on previous directives for proof of updated organizational details and financial records.
FAQ’s on Election Commission of India – Election Commission of India UPSC Questions
Who appoints the Election Commission?
Answer. The Chief Election Commissioner and Election Commissioners are appointed by the President of India.
How many Election Commissioners are there in India?
Answer. The Election Commission is usually a multi-member body consisting of the Chief Election Commissioner and two Election Commissioners.
Who is the first woman Election Commissioner in India?
Answer. V. S. Ramadevi was the first woman to become the Chief Election Commissioner of India.
What is the full form of EVM?
Answer. Electronic Voting Machine.
What is Article 325?
Answer. Article 325 of the Indian Constitution ensures that no person is ineligible for inclusion in a special electoral roll based on religion, race, caste, or sex.
What is Article 324 of Indian Constitution?
Definition:
Article 324 of the Indian Constitution pertains to the powers and functions of the Election Commission of India. It establishes the Election Commission as the authority responsible for the superintendence, direction, and control of the electoral processes in the country.
Provisions:
324(1) – Superintendence, direction, and control of elections:
Article 324(1) vests in the Election Commission the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to the offices of the President and Vice-President of India, and to the Parliament and the Legislatures of every State.
324(2) – Additional Powers and Functions:
This clause empowers the Election Commission to take necessary steps for the preparation of electoral rolls, conduct elections, and ensure free and fair polls. The Commission has the authority to issue guidelines and directions to facilitate the smooth and fair conduct of the electoral process.
Which are the recognized national parties in India?
Answer. All India Trinamool Congress, Bahujan Samaj Party, Bharatiya Janata Party, Communist Party of India, Communist Party of India (Marxist), Indian National Congress, Nationalist Congress Party.
Who removes the State Election Commissioner?
Answer. The removal process for the State Election Commissioner varies across states; it is typically based on the procedure specified in the state’s laws.
How are general elections held in India?
Answer. General elections in India are conducted by the Election Commission using a first-past-the-post electoral system.
Is the Election Commission a constitutional body?
Answer. Yes, the Election Commission of India is a constitutional body established under Article 324 of the Indian Constitution.
Who is the first Chief Election Commissioner?
Answer. Sukumar Sen was the first Chief Election Commissioner of India.
Who is the Chief of the Election Commission currently?
Answer. Shri Rajiv Kumar is the current Chief Election Commissioner of India, assuming office on May 15, 2022.
When was the Election Commission formed?
Answer. The Election Commission of India was formed on January 25, 1950.
Who is the first woman minister in India?
Answer. Rajkumari Amrit Kaur was the first woman to hold a cabinet position in independent India.
Who is the first woman governor of India?
Answer. Sarojini Naidu was the first woman to become the Governor of an Indian state.
Who was the first female Chief Minister in India?
Answer. Sucheta Kripalani was the first woman Chief Minister in India, serving Uttar Pradesh.
What is the full form of BLO?
Answer. Booth Level Officer.
What is the full form of CEC?
Answer. Chief Election Commissioner.
What is EVM in ATM?
Answer. EVM in ATM does not have a direct correlation; EVM commonly refers to Electronic Voting Machine.
What is the origin of EVM?
Answer. The first country to use EVMs was Belgium in 1989, and subsequent to that, India adopted EVMs in a phased manner from the 1990s. The use of EVMs in Indian elections marked a significant technological advancement in the electoral process, providing a faster and more accurate method of vote counting. Over the years, the EVMs have undergone improvements, including the addition of features like Voter Verified Paper Audit Trail (VVPAT) to enhance transparency and trust in the electoral system.
What is in Article 14?
Answer. Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of laws for all citizens.
What is in Article 370?
Answer. Article 370 granted special autonomy to the region of Jammu and Kashmir, but it was abrogated in August 2019.
Who is the executive head in India?
Answer. The President of India serves as the executive head.
Which article is related to UPSC?
Answer. Article 315 to 323 of the Indian Constitution deals with the establishment and functions of the Union Public Service Commission (UPSC).
What is Election Commission of India Toll Free Number?
Answer. We have added all the information about contacting ECI below-
Address: Nirvachan Sadan, Ashoka Road, New Delhi 110001
Toll Free Number / Helpline: 1800111950
Email: complaints@eci.gov.in
Faxline: 23052219, 23052162/63/19
Control Room: 23052220, 23052221
What is Logo Of Election Commission Of India?
Answer. This is logo of Election Commission of India-
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