Election Commission of India(Article 324)

  1. EC is a permanent and independent body establish by the constitution directly to ensure a free and fair election.
  2. Article 324:
    • It provides power to EC to superintendence, direction and controls the election of the president, V. President, parliament, state legislature. 

Composition

  1. It consists of one chairmen and other members, which is decided by the president and appointed by the president.
  2. Services and tenure of EC are determined by the president.
  3. Note: At present, 1CEC(Chief) + 2EC, presented in election commission & have tenure of 6 years or 65 years old which is earlier.
    • On the Date(8 April 2021)
      • Chief election commissioner: Sh. Sunil Arora
      • Election commissioner: Sh. Sushil Chandra
      • Election commissioner: Sh. Rajiv Kumar

Independence

  1. CEC is provided with security of tenure by the constitution(art. 324), he/she remove only by the manner of removing CJI.
  2. Any other EC not removes without the recommendation of CEC.
  3. The constitution not provides the qualification of EC, not specify the term of service of members.
  4. Constitution has not debarred the retiring member from further appointed.

Power and Function

Administrative power: 

  1. Determining the territorial area of the electoral constituencies throughout the country acc to the Delimitation Commission Act.
    • Note: The Delimitation commission decides the quota of constituencies to be reserved in each state depending on the proportion of SC/ST in that state(Not EC). The constitution does not make a similar reservation for the other disadvantaged groups in the elections to the Lok Sabha.
  2. To grant recognition to political parties and allot election symbols to them. This power flows to EC via art. 324 of the constitution; section 29A of the RPA, 1951 & conduct of elections rules, 1961
  3. To notify the date and schedule of the election and scrutinise the nomination paper.
  4. Determine code of conduct for political parties.

Quasi Judicial:

  1. Appoint officer for removing dispute in electoral arrangement.

Advisory function:

  1. Advise the president on matters for disqualification of a member of parliament.
  2. Advice the governor on matters for disqualification of a member of the State legislature.
  3. Advice the president whether the election held in State under the president rule in order to extend the period of emergency after one year.
  4. Register political parties for the purpose of election and grant them on statutes of national or State parties on the basis of election performance.

Other function:

  1. It can postpone or cancel the election in the entire country or a specific state or constituency on the grounds that the atmosphere is vitiated & therefore, a free & fair election may not be possible.

EC & Good governance

  1. To uphold the value enshrine in the constitution such are equality, equity, impartiality, transparency, rule of law & direction and control on electoral governance.
  2. To conduct the election with free and fairness, accountability and autonomy.
  3. To ensure participation of all eligible voter in the election process.
  4. Create an inclusive voter centric and voter-friendly environment
  5. To build quality infrastructure for the electoral process.
  6. Use technology for the better conduct of the election process.

Model Code of Conduct

  1. These are the guidelines issued by the Election Commission for the conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, election manifestos, processions and general conduct.
  2. Aim: 
    • To ensure free and fair elections.
  3. Status: 
    • The code does not have any specific statutory basis. It has only a persuasive effect.
    • It contains what is known as “rules of electoral morality”. But this lack of statutory backing does not prevent the Commission from enforcing it.
  4. Evolution: 
    • The Commission issued the code for the first time in 1971 (5th Election) and revised it from time to time.
    • This set of norms has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.

EC on Malpractice:

The “cVigil” mobile application for citizens to share proof of malpractices by political parties.

Source: https://eci.gov.in/about/about-eci/the-setup-r1/#:~:text=Election%20Commission%20of%20India%20is%20a%20permanent%20Constitutional%20Body.,Constitution%20on%2025th%20January%201950.&text=For%20the%20first%20time%20two,tenure%20till%201st%20January%201990.