Brief notes on Election Commission

Election karane ki responsibility hoti hai -Election Commission

Election Commission of India is a permanent Constitutional body. Originally the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners.

Powers of Election Commission: Article 324(1) confers the power of superintendence direction, control and conduct of all election includes the preparation of electoral rolls to the Houses of Parliament and State Lower Assemblies and to the offices of President and Vice-President.

The Election Commission is also given the responsibility of holding fair and free election in the country. Armed with its power under article 324(2) the Election Commission has taken measures in the form of Executive orders namely:

(i) Conduct of Election Rules 1961.

(ii) Election Symbols (Reservation and Allotment).The Supreme Court also held that the power conferred on Election Commission under article 324(1) is plenary in nature (uncontrolled by the Executive).

The Supreme Court has also clarified that the Election Commission cannot defy the law made by Parliament; armed with the powers under article 324 nor the Election Commission can act arbitrarily. Its decision is subject to Judicial Review. Further, its powers are to be used in supplement to but not to supplant (suppress) a valid law made by the legislature. The responsibility of holding elections and deciding on the election schedule is given to the sole authority of the Election Commission. 

Chief Election Commissioner: The President of India appoints the Chief Election Commissioner and two Election Commissioners.

Service conditions of Chief Election Commissioner: Chief Election Commission shall be appointed for a term of 6 years or till he attain an age of 65 years or which of the two is earlier.He is ineligible for reappointment after his retirement.He is ineligible to hold any office of profit under the State after his retirement. His salary, allowances and pensions are charged under  Consolidated Fund of India (CFI).His salaries, allowances and pensions cannot be reduced except during a financial emergency.

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 e removed except on the recommendation of Chief Election Commissioner. An Election Commissioner is appointed for a term of 6 years or till he attains the age of 65 years, whichever is earlier.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.He is not eligible to hold any office of profit after his retirement.

The role of the CEC in the removal of an Election Commissioner:Article 324(5) states that an Election Commissioner shall not be removed except on the recommendation of the Chief Election Commissioner.