The Election Commission of India is an independent constitutional authorization qualified for controlling election means in India at national, state and district levels.
Introduction
The Election Commission of India is an independent constitutional authorization qualified for controlling election means in India at national, state and district levels. The body controls elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies, state legislative Councils, and the duties of the President and Vice President of the country. The Election Commission functions under the authority of Constitution per Article 324[1], and consequently established Representation of the People Act. The commission has the authority under the Constitution to act in a proper use when the established laws make inadequate provisions to deal with a given situation in the administration of an election. Being a constitutional authorization, Election Commission is amongst the few establishments which operate with both independence and autonomy, along with the country’s more powerful judiciary, the Union Public Service Commission and the Comptroller and Auditor General of India. The commission was organized in 1950 and basically only had a Chief Election Commissioner. Two further Commissioners were elected to the commission for the first time on 16 October 1989 (on the eve of the 1989 General Election), but they had a very short-term tenure, ending on 1 January 1990. The Election Commissioner Amendment Act, 1989[2] was approved on 1 January 1990 which directed the commission into a multi-member body:
- The 3-member Commission has been in service since then and the arrangements by the commission are made by a bulk vote. The Chief Election Commissioner and the two Election Commissioners who are normally retired IAS officers represent salaries and pensions at level with those of the Judges of the Supreme Court of India as through the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Rules, 1992.
The commission is followed by its department located in New Delhi. The Election Commissioners are supported by Deputy Election Commissioners, who are commonly IAS officers. They are additionally supported by Directors General, Principal Secretaries, and Secretaries and Under Secretaries. At the state level, the Election Commission is supported by the Chief Electoral Officer of the State, who holds an IAS officer of Principal Secretary rank. At the district and constituency levels, the District Magistrates (in their capacity as District Election Officers), Elective Registration Officers and Returning Officers conduct polls.
Part XV of the Constitution[3] designated as Elections establishes a code in itself, presenting the basis for the performance of proper laws and the setting up of proper tools for the conduct of elections. (a) Election Commission (Article 324). Article 324 presented for the assignment of an Election Commission to manage, guide and regulate the elections. The Commission is an all-India body holding control over elections to Parliament, State Legislatures, offices of the President and Vice-President[4]. The constitution of one primary body, the Election Commission, must command over the complete election manners in the country, is performed to stop inequalities, which could be done by regional, State Governments, distinguishing against any part of the people in the objects comparing to elections[5]. The Commission is established as an independent and sovereign body, with a view, to guarantee the direction of free and fair polls, which highlight is held to be a fundamental structure of the Constitution[6]. It has been said to be the most powerful arbitrator on holding of the elections[7].
Constitution of the Election Commission
Clause (2) of Article 324 [8]deals that the Election Commission shall include the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix. Till Parliament performs any law in that part, the Chief Election Commissioner and other Election Commissioners are selected by the President. When any other Election Commissioner is so designated, the Chief Election Commissioner; shall serve as the Chairman of the Election Commission[9]. The President may also designate, after discussion with the Election Commission, such Regional Commissioners as he may deem necessary to support the Election Commission in the administration of its duties[10]. The requirements of service and occupation of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule define. These rules, though, are subjected to any law enacted by Parliament in this admiration. Autonomy of Election Commission
The Constitution envisions the frame up of an fair, self-governing Election Commission. To ensure sovereignty of action, Article 324 includes the following provisions:
That the CEC shall not be discharged from his office without in the like way and on the like grounds as a Judge of the Supreme Court. That the requirements of duty of the CEC shall not be altered to his problem after his employment. The CEO is, hence, guarded upon political and executive authority and for that purpose; he can execute his duties without hesitation, support or influence from the manager or the party in control. Even the security of service of other Election Commissioners and the Regional Commissioners is also independent of the executive authority in so far, none of them can be eliminated from office except on the advice of the CEC[11]. This control on the executive authority is to safeguard the sovereignty of not only these officials but the Election Commission as a body[12].
Staff of the Election Commission [Article 324 (6)][13]
The Election Commission usually has few staff of its own. It, though, can ask certain staff from the Central and State Governments whenever needed For that purpose, Clause (6) of Article 324 provides that the President, or the Governor of a State shall, when so queried by the Election Commission, make possible to the Election Commission or to a Regional Commissioner such officers as may be required for the removal of the duties awarded on the Election Commission by Clause (1). Clause (6) of Article 324, allows the requisition of duties of employees serving under the President or the Governor of a State and not these of Bank employees or that of Life Insurance Corporation,[14] or teachers during teaching days[15]. Once it is given that the employees of a State, for a time when the election process is on, are subjected to the control, managed and order of the Election Commission, the necessary results of such control is that the Commission can order the posting of such employees for the objective of ensuring free and fair practices of elections. The Commission shall have authority to uphold disciplinary response, to the accountable authority, toward the administrators for disobedience or nonperformance of work while on election work.[16]
Functions of the Election Commission
The Election Commission offers the following roles:
- The administration, and control of the formation of electoral registers for all polls to Parliament and to the Legislature of every State and of polls to the offices of President and Vice-President[17].
- The administration of all the elections considered.
- To encourage the President or the Governor of a State, as the case may be, on the subject of rejection of any Member of Parliament or a member of a State Legislature, respectively.
- Article 324 has been checked to be complete in nature, vesting the whole duty in the Election Commission for national and State elections.
- The authority presented on the Commission under Article 324 (1) is subjected to two conditions, namely:
1. When Parliament or any State Legislature has made a true law linking to or in connection with polls, the Commission shall act in compliance with such law.
2. The Commission while practicing control shall correspond to the rule of law, act bona fide and be responsive to the norms of natural justice. [18]
[1] Superintendence, direction and control of elections to be vested in an Election Commission.
[2] The Election Commissioner Amendment Act, 1989” was adopted on 1 January 1990 which turned the commission into a multi-member body: a 3-member Commission has been in operation since then and the decisions by the commission are made by a majority vote. … The commission is served by its secretariat located in New Delhi.
[3] PART XV ELECTIONS
[4] Clause (1) of Article 324 And Section 138 of the Constitution of J and K, 1956.
[5] Dr. Ambedkar speech, CAD, VIII, 905-7.
[6] Indira N. Gandhi v. Raj Narain, AIR 1975 SC 2299.
[7] Sorabji Soli and Arun Jaitley, The Tribune, May 10, 2007
[8] (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
[9] Clause (3) of Article 324.
[10] Clause (4) of Article 324.
[11] Second Proviso to Clause (5) Of Article 324.
[12] T. N. Seshan v. Union Of India, (1995) 4 SCC 611.
[13] The President, or the Governor 1 *** of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).
[14] Election Commission of India v. State Bank Of India, AIR 1995 SC 1078.
[15] Election Commission v. St. Mary School, AIR SC 655.
[16] Rameshwar Oraon v. State of Bihar, AIR 1995 Pat. 173.
[17] Article 324 (1)
[18] Mohinder Singh Gill v. Chief Election Commr, AIR 1978 SC 851.
