11/04/2024, 09:40 A Simple Note On Election Commission

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UPSC » UPSC CSE Study Materials » Polity » A Simple Note On Election Commission

A Simple Note On Election Commission

The ECI is just a self-governing constitutional authority that regulates the election process in
India in accordance with the Indian Constitution.

Table of Content
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What is the Election commission of India?

Structure of ECI
Removal from office

The Election commission of India was established on 25th Jan 1950, with
the goal of establishing and managing our country’s electoral process. The
ECI’s most important job is to conduct free elections and fair elections in
accordance with the regulations and the Model Rules of Ethics which is a code
of ethics.

What is the Election commission of India?

The ECI is a self-governing constitutional authority that regulates the election
process in India in accordance with the Indian Constitution. The ECI was
established on 25th Jan 1950, with the goal of managing our country’s electoral
process. The ECI is in charge of overseeing elections from the President to
such State Legislative Assembly. According to Article 324 of said Indian
Constitution, the Election Commission of India has supervisory and directing
responsibility for the whole process of election to the legislatures and
legislatures of each and every state with India’s president and vice-president.

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Structure of ECI:
Originally, there was only a single election commissioner on the commission,
but thanks to the ECI Amendment Act 1989, it is now a multi-member body
The commission was made by 1 chief election commissioner with 2 election
commissioners
The election commission is assisted at the state level by the Chief Electoral
Officer, who is an IAS level Officer
They have a set six-year term, or until they reach the age of 65, whichever
comes first
They have the same status, salary, and benefits as Supreme court judges of
India
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Removal from office:

Judges of the High Courts and the Supreme Court, as well as the CEC and the
CAG, may be removed from office by a resolution passed by Parliament on the
basis of “proven misbehavior or incapacity”
The term “impeachment” is not used in the Constitution to refer to the removal
of judges, CAGs, and CECs
The word “Impeachment” is exclusively used to remove the President, which
needs a special majority of two-thirds of the entire strength of both chambers
and is not used anywhere
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Appointment and tenure of commissioners:

The President of India appoints a chief election commissioner and election
commissioners
6-year tenure for both election chief commissioners and commissioners and it’s
up to 65 years
The elected commissioner is the only person who has the authority to dismiss
the election commissioner
Only the president, with the agreement of parliament, has the authority to
dismiss the chief election commissioner

Powers of ECI:
The powers of Election commissioners of India can be categorized into 3
types followed Administrative Powers, Advisory Powers, and Quasi-judicial
Powers

Administrative powers:
The vital task of supervising, directing, and controlling the conduct of elections
encompasses a wide range of authorities, responsibilities, and activities; these
are basically the administrative powers upon the ECI Article 324 confers
several tasks on the Commission, which could be powers or obligations, mostly
administrative, but also judicial or legislative in nature.

Advisory Powers:

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In cases where a person is accused and convicted of any corrupt practices

during an election, the President of India makes the decision whether the
same person must be disqualified from competing in upcoming elections or not,
and, if so, for how long. Before making a judgment in the event of such an
incident, the President obtains the advice of the ECI and may act in
accordance with that advice depending on the circumstances.

Quasi-Judicial Powers:
The Election Commission is also required by law to conduct another crucial job.
All organizations or groupings of persons calling themselves political parties
and prepared to run for office under the name and flag of a political party must
register with ECI. The Supreme Court has ruled that the Election Commission’s
job of registering political parties is a quasi-judicial function done by ECI.

Role of ECI:
ECI is critical in the organization of elections. The ECI’s most important job is to
conduct free elections and fair elections in accordance with the regulations and
the Model Rules of Ethics which is a code of ethics. It is in response to
monitoring political parties’ and candidates’ acts and activities.

The function of ECI:

ECI is in charge of ensuring a free and fair election
It makes certain that parties follow the Code Of Ethical Conduct
Regulates and registers political parties based on their eligibility to run in
elections
All parties are encouraged to set a cap on campaign spending per candidate,
which is monitored
All political parties are required to file yearly accounts to the Election
commission of India in order to collect the tax advantage on contributions
Ensures that almost all political parties produce audited financial reports on a
regular basis
The Election Commission’s primary responsibilities are as follows
Supervise, control, and conduct all parliamentary and state legislative elections
Establish general election regulations
Make electoral rolls

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Determine the allocation of constituencies on a geographical basis

Give political parties credit
Election emblems should be assigned to political parties and candidates

Voting Procedure:
The voting is done by 3 methods according to area condition and person’s
[Link] are EVM, postal voting, and Electors with disabilities. EVM is
nothing but Electronic Voting Machines which are now used to take benefits of
voting on a large scale.

Conclusion:
The Election Commission of India has supervisory and directing
responsibility for the whole process of election to the legislatures and
legislatures of each and every state with India’s president and vice-president.
This helps to conduct elections of Lok Sabha, Rajya sabha, and many more.

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Who can remove the Chief Election Commissioner?

Only the president, with the agreement of parliament, has the authority to dismiss the
chief election commissioner....Read full

Who can remove the Election commissioner?

The elected commissioner is the only person who has the authority to dismiss the election
commissioner.

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