Election Commission
- Election commission is a Permanent and Independent body established by the Constitution of India directly to ensure free and fair elections
- Article 324 : Election of Parliament, State Legislature, Office of President and Vice President
- It is all India body
- Composition
- Chief Election Commissioner and such members of other commissioners as President may fix from time to time
- Appointment of CEC and other commissioners shall be made by President
- CEC acts as Chairman of Election Commission
- President may appoint regional commissioners after consultation with CEC
- Condition of service of Election Commissioners shall be determined by President
- At Present, CEC + 2 other election commissioners
- All have equal powers and receive equal salary, allowances which are similar to those of judges of SC
- In case of difference of opinion, matter is decided in majority
- Hold the office for a term of 6 years or until he attains 65 years of age
- Can resign or removed as judge of SC
- Independence
- Security of tenure
- Service condition can’t be varied to disadvantage after his appointment
- Any other EC or Regional Commissioner can’t be removed except on recommendation of CEC
- Flaws
- Not prescribed the qualifications
- Not debarred the retiring RC from any further appointment by the Government
- Powers and Functions
- Administrative
- Advisory
- Quasi Judicial
- To determine territorial areas of electoral constituencies
- To prepare and Periodically revise electoral rolls and register all eligible voters
- To notify the dates and schedule of electoral rolls
- To grant recognition to political parties
- To act as a court for setting disputes related to granting of recognition to political parties
- To determine Code of Conduct
- Appoint officer for inquiring into the disputes relating to electoral management
- To advise the President relating to the disqualification of MP
- To advise the Governor for disqualification of MLA
- To cancel polls in case of booth capturing
- To request President and Governor for staff
- To supervise the machinery
- Election Commission is assisted by Deputy Election Commissioner
- They are drawn form the civil services and appointed by the commission with tenure system
- State level
- Chief Electoral Officer
- Appointed by CEC with consultation of State Government
- District Level
- Collector acts as a District Returning officer, appoints returning officer for each constituency
- Vision
- EC of India strive to be an Institution Of Excellence by enhancing active engagement, participation, strengthening electoral democracy
- Mission
- Maintain Independence
- Integrity and Autonomy
- Inclusiveness
- Free and Fair transparent elections to ensure trust in the Government
- Guiding Principles
- To uphold the value enshrined in the Constitution : Equality, Equity, Impartiality, Independence, etc
- To conduct the election with highest credibility, freeness, fairness, transparency, etc
- Ensure participation of all eligible citizens in electoral process
- To promote awareness about electoral process
- To adopt technology for better electoral process