Skip to main content

Election Commission Of India

 


Election in India

Part 15(Art 324-Art 329A) of Indian Constitution deals with election in India. 

Art 324- Election Commission shall consist of the CEC and such number of other election commissioners(+Regional Commissioner), if any, as the President may from time to time fix. And service and tennure of election commissioners(+Regional Commissioner) will be determined by the president. ECI will direct and control the elections of Parliament, state legislature, President and Vice President. 

  • 1950 to 1989- 1 Chief Election Commissioner
  • 1989- 1 Chief Election Commissioner + 2 Election Commissioner(61st amendment Act 1988- which lowered the voting age from 21 years to 18 years). But in 1990 it was again made a single member body
  • 1993~ 1 Chief Election Commissioner + 2 Election Commissioner

Art 324(2)- Appointment of the CEC and other Election Commissioners shall be made by the President, subject to the provisions of any law made on that behalf by Parliament

Art 326- Universal adult frenchise(Age limit 18 by 61st Amendment Act) 


Election Commission of India

Constitutional body established on 25 Jan 1950(National voters day) to conduct free and fair elections in India. 

ECI has following roles

  • Territorial constituency based on Delimitation act
  • Preparing electoral rolls
  • Scheduling of Election and conducting fair election
  • Recognizing political parties and allocating symbols
  • Setting dispute of political parties(split, merger etc) 
  • Appointing officers to inquire into disputes relating to electoral arrangements
  • Code of conduct for political parties and candidates
  • Allocating time for use of TV and radio by recognized political parties
  • Advising President regarding disqualification of MPs


Safguards to ECI

Article 324 ensure independence by following provisions

  • Security of tenure to Chief Election Commissioner. He can be removed on smae ground(misbehavior or incapacity) and in same manner as the judge of supreme Court. 
  • Service conditions cannot be diminished after the appointment of the Chief Election commissioner. 
  • Other Election commissioner can only be removed on the advice of Chief Election commissioner(but if Chief election commissioner advice to President regarding removing one election commissioner, President may or may not accept his advice). 

Issues

  • No mention of qualifications in the Constitution
  • Terms were not specified in the Constitution
  • No restrictions on reappointment of retiring election commissioners to other different post by Government. 



Election Commission Act 1991

It sets the terms of service and tennure. 

Tennure- 6 years(or 65 years age limit) 

Salary- same as judes of Supreme Court



Appointment

Lack of transparency in appointment. Law minister used to give the name of candidates to the president for appointment(Dominance of Executive) 

2015- PIL was filed in SC that resulted in 2023 decision for a selection committee

Mrach 2023- As per SC judgment appointment will be done be president based on person selected by a selection committee compromise of

PM + Leader of Opposition + CJI

Until parliament enact a law regarding appointment. 


Election Commission(Appointment, service and terms) bill 2023

Search committee- cabinet secretary + 2 secretary

Selection committee- PM + Leader of Opposition + Cabinet Minister(Nominated by PM) 

The bill prescribed qualifications for first time as- equivalent of secretary + man of integrity + experience in conducting election

The bill provide security to Election commissioners by ensuring removal same as supreme Court Judge

But salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary. Thus diminishing their status from equivalent to SC judge to equivalent to Cabinet Secretary. 








Labels:

Comments

Post a Comment

Popular posts from this blog

The Archadian

Every Archadian were looking towards the sky in the hope of sunset and with every passing moment they were afraid of lose. Their fear made them more weak and they lost more life in battle field in-front of large Valvan army. The field was full of blood surrounded by hill on one side and forests from another side. Rest of the two sides covered with two army in front of each other. Archadian vs Valvan The Valvan get more aggressive with their swords flying in the battle field. Finally with sunset, drum sound spread all over the field and war was at end. With sunset over the hills, darkness spread in the field and blood became more red in absence of sun. Alkan, the arrogant Valavn king, ask his solider to return back to tent leaving behind injured and dead Valvan solider in field. Both the army headed towards their tent leaving blood on the earth of Archadians. The Valvan get busy in celebrating their victory in today's battle field. While in Archadian tent, king Arithm order a
Post a Comment
Read more

Women Personality in Pre Independence Era

  Women Personality in Pre Independence Era Rani Velu Nachiyar(1730-1796)-  She was the first Indian queen(Sivaganga estate) to wage war with the East India Company in India. She regained her kingdom after defeating EICo. with the help of Hyder Ali and many mores. In Tamil she is regarded as Veeramangai .  She was a scholar of French, English, and Urdu languages. Savitribai Phule(1831-1897)-  She raised her voice against caste and gender discrimination. In 1848 she started school in Pune for girl education. She died while serving the Plague affected people.  Pandita Ramabai Sarasvati(1858-1922)-  1st woman to be awarded the titles of Pandita as a Sanskrit scholar and Sarasvati after being examined by the faculty of the University of Calcutta. In 1882, she presented the issue of women education to Hunter Commission . She founded Arya Mahila Samaj(Pune, 1882) . In the same year she wrote Stri Dharma Niti(Morals for Women) book and in 1883 she moved to Britain where she embraced Christia
Post a Comment
Read more

Surveys in India

  Surveys in India 1. National Family Health Survey 2020-21(NFHS-5) Year 2023 Sex ratio- 1020 Rural sex ratio- 1037 Urban sex ratio- 985 State having highest sex ratio- Kerala(sex ratio- 1084)  Sex ratio at birth- 933 4 types of sex ratios according to the stages of development. Primary Sex Ratio- Sex ratio at Fertilization Secondary Sex Ratio- Sex ratio at Birth  Tertiary Sex Ratio- Sex ratio at maturity Quaternary Sex Ratio- Sex ratio above the age of 60 years 
Post a Comment
Read more