Election Commission of India: Its Members, Power and Functions

Constitutional Mandate

• The Election Commission of India is a constitutional body set up under Article 324 of the Constitution.

How are election commissioners appointed?

• Composition: The Election Commission of India consists of chief election commissioners and such number of other election commissioners as the president may determine.
  • The president also appoints regional commissioners as necessary to assist in elections.
  • When any other election commissioner is being appointed, the chief election commissioner acts as the chairman of the selection committee.
• Authority: The President of India appoints the chief election commissioners as well as other commissioners.
• Qualifications: The constitution has not prescribed any qualifications for the members of the Election Commission of India.
• Tenure: The president determines the conditions and tenure of the election commissioners and regional commissioners.
  • Presently, election commissioners hold office for a period of six years or till the age of 65 years, whichever is early.

What are the powers and functions of the Election Commission of India?

• Outline: The Election Commission of India is responsible for conducting elections to parliament, state assemblies, the office of the President of India, and the office of the vice president of India.
• Distribution of Powers: All three election commissioners enjoy equal powers. The chief election commissioner acts as first among the equals and in case of difference of opinion, decisions are made by the majority.

Enroll now for UPSC Online Course

• Specific Functions:
  • Electoral Constituencies: The Election Commission of India is tasked with determining territorial areas of Electoral Constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
  • Revising Electoral Rolls: The Election Commission of India has the job of periodically revising electoral rolls and registering all eligible voters.
  • Election Schedule: The election commission notifies the date of elections and also scrutinizes the nomination papers of contestants.
  • Recognises Political Parties: The commission gives recognition to various political parties and allocates them election symbols.
    • The Election Commission of India further acts as a court to settle disputes concerning party symbols and names.
  • Code of Conduct: The commission determines the code of conduct to be followed by the political parties and candidates during elections.
  • Advice to President and Governors: The Election Commission of India advises the President on matters concerning the disqualification of MPs and the Governor regarding the disqualification of MLAs.
  • Canceling and Re-conducting Elections: The commission cancels and re-conducts polls in case of booth capturing, rigging violence, and other irregularities.
  • Demanding Staff for Election Process: The Election Commission of India requests the Governor or the President to temporarily acquire the staff required for conducting elections. 
  • Elections Post Emergency: The Election Commission of India advises the president whether holding elections is possible in a state that is under the President’s rule, in order to extend the period of emergency after 1 year.
  • National or State Party Status: The commission registers political parties and grants them the status of national or state parties.
  • Limiting Election Expenditure: The commission sets limits on the campaign expenditure of every candidate and also monitors the same.
  • Polling Related Issues: The Election Commission of India sets the location of polling stations, assigns voters to the polling stations, carries out arrangements in and around polling stations, etc.

What is the removal procedure for Election Commissioners?

• Grounds: The chief election commissioner has security of tenure and can be removed from the office in a manner similar to a judge of the Supreme Court. The grounds are either proved misbehavior or incapacity.
• Removing Procedure for Chief Election Commissioner: Based on any complaints, an inquiry is initiated. The inquiry report is laid before both houses of the Parliament for voting.
  • The President is empowered to remove the Chief Election Commissioner on the basis of a resolution passed by both Houses of Parliament with the special majority (majority of two-thirds members present and voting supported by more than 50% of the total strength of the house).
• Removal of Other Commissioners: Other election commissioners cannot be removed from office except on the recommendation of the chief election commissioner.

What is the significance of the Election Commission of India?

• Ensuring Participation of People in Elections: The Election Commission of India plays an active role in ensuring the greater participation of people in the democratic process.
• Disciplines Political Parties: The commission instills discipline among the political parties by threatening them with derecognition if the parties fail to maintain inner-party democracy.
• Non-partial Elections: It conducts elections in a credible and non-partial way by maintaining transparency, integrity, accountability, autonomy, etc.

What are the Criticisms of the Election Commission of India?

• Terms of Office: The constitution has not provided the term of office. It is determined by the President of India.
• Further Appointment: A retiring election commissioner is not debarred from further appointment by the government. This makes them vulnerable to partisanship.

• Appointment Qualifications: The constitution has not specified the criteria for appointing election commissioners.
• Limited Powers: The Election Commission of India has limited powers to act against any electoral malpractice, including hate speech.
• Partisan Appointments: It is alleged that members of the election commission are favourable to the party in power.

Enroll now for UPSC Online Classes

State Election Commission

• Appointment: State Election Commissions were formed under Article 243K of the Constitution after the 73rd and 74th Amendments.
• Composition: The commission is made up of Chief Electoral Officers and as many members and staff specified as are required by the Acts of respective State Governments. 
• Functions: They are responsible for conducting elections for Urban Local Bodies such as Municipalities, Municipal Corporations, Panchayats, and any others specified by the Election Commission of India.