Election Commission

Election Commission
Ø The Election Commission is a permanent and an independent body established by the
Constitution of India directly to ensure free and fair elections in the country.
Ø Article 324 of the Constitution provides that the power of superintendence, direction
and control of elections to parliament, state legislatures, the office of president of India
and the office of vice-president of India shall be vested in the election commission.
Ø The election commission is not concerned with the elections to panchayats and
municipalities in the states. For this, the Constitution of India provides for a separate
State Election Commission
Composition of Election Commission
Article 324 provides 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.

Prior to 1989: Election Commission worked as a single-member body.

Between 1989-1990: President appointed two more election commissioners to cope with
the increased work of the election commission on account of lowering of the voting age
from 21 to 18 years. (61st constitutional amendment act 1988)

1990-1993: The post of two election commissioners was abolished and ECI started
working again as a single member body.

Post-1993: President again appointed two election commissioners and since then ECI is
functioning as a 3-member body comprising of Chief Election Commissioner and two
Election Commissioners.
Other information about ECI ( Election commission of India)
Ø The chief election commissioner (CEC) and the two other election commissioners
have equal powers and receive equal salary, allowances and other perquisites, which
are similar to those of the Cabinet Secretary.
Ø In case of difference of opinion amongst the Chief Election Commissioner and/or two
other election commissioners, the matter is decided by the Commission by majority.
Ø They hold office for a term of six years or until they attain the age of 65 years,
whichever is earlier.
Ø They can resign at any time by addressing the resignation letter to the president or can
also be removed before the expiry of their term.
Ø Election commission was established on 25th January, 1950 (National voter’s day-
celebrated since 2011)
Ø It is covered under Part XV (Art 324-329) of the Indian constituition
Ø Right now the 26th chief election commissioner of India is Shri Gyanesh kumar who
took charge on 19th february 2025 (He was an IAS officer of Kerala cadre)
INDEPENDENCE
Ø Article 324 of the Constitution has made the following provisions to safeguard and
ensure the independent and impartial functioning of the Election Commission:
v The chief election commissioner is provided with the security of tenure. He cannot
be removed from his office except in same manner and on the same grounds as a
judge of the Supreme Court. In other words, he can be removed by the president on
the basis of a resolution passed to that effect by both the Houses of Parliament with
special majority, either on the ground of proved misbehaviour or incapacity. Thus,
he does not hold his office till the pleasure of the president, though he is appointed
by him.
v The service conditions of the chief election commissioner cannot be varied to his
disadvantage after his appointment.
v Any other election commissioner or a regional commissioner cannot be removed
from office except on the recommendation of the chief election commissioner.
DRAWBACKS
Ø Though the constitution has sought to safeguard and ensure the independence and
impartiality of the Election Commission, some flaws can be noted, viz.,
1. The Constitution has not prescribed the qualifications (legal, educational,
administrative or judicial) of the members of the Election Commission.
2. The Constitution has not specified the term of the members of the Election Commission.
3. The Constitution has not debarred the retiring election commissioners from any further
appointment by the government.

Though there are some changes brought by Chief Election Commissioner

and other Election Commissioners (Appointment, Conditions of Service
and Term of Office) Act, 2023.
Background Regarding the 2023 Act
Ø About: The Act replaces the Election Commission (Conditions of Service of
Election Commissioners and Transaction of Business) Act, 1991 to regulate
the appointment, tenure, service conditions of CEC/ECs, and Election
commission procedures.
Ø Judicial Background: This Act followed SC intervention after several petitions
challenged the Centre’s exclusive power in appointing CEC and ECs.
v In the Anoop Baranwal Case, 2023, the SC ruled that a panel of the Prime
Minister, LOP, and CJI would select CEC and ECs until Parliament passed a
law.
v Before the Judgement, the appointment of the CEC and other ECs was made
by the President on the advice of the Union Council of Ministers headed by
the Prime Minister.
Chief Election Commissioner and other Election Commissioners
(Appointment, Conditions of Service and Term of Office) Act, 2023
Key provisions
Ø Selection Committee: The CEC and ECs will be appointed by the President based on
the recommendation of a Selection Committee consisting of:
v Prime Minister (Chairperson).
v Leader of the Opposition (LoP) (or leader of the largest opposition party) in the
Lok Sabha.
v Union Cabinet Minister nominated by the Prime Minister.
Ø Search Committee: A Search Committee, led by the cabinet secretary and
comprising two other members not below the rank of Secretary to the Government of
India, shortlists five candidates.
Note: Section 8 of the Act gives the Selection Committee the power to consider names
beyond the shortlisted five.
Key provisions
Ø Eligibility Criteria: The CEC and other ECs must be or have held a Secretary level
post in the Government of India and possess integrity, election management
experience.
Ø Salary, Term, and Reappointment:
v CEC and ECs receive a salary equivalent to that of the Cabinet Secretary (Earlier it
was similar to supreme court judge) and serve for six years or until age 65,
whichever is earlier.
v CEC and ECs cannot be re-appointed. If an EC becomes CEC, their total tenure
cannot exceed six years.
v A CEC or EC receiving a government pension (excluding disability pension) will
have their salary reduced by the amount of the pension received.
Removal and Resignation:
Ø The act retains the manner of removalof CEC and EC as specified in the
constitution.
Ø The CEC can be removed only in the same manner (need special majority in
parliament) and on the same grounds (Proved misbehaviour or incapacity) as a SC
Judge, while an EC can be removed on the CEC’s recommendation.
Ø Both can resign to the President.
Key Concerns Regarding the 2023 Act
Ø Exclusion of CJI: The 2023 Act replaces the SC-mandated panel (PM, LoP, CJI)
with a committee of the PM, LoP, and a Union Minister allowing the executive to
dominate the selection process.
Ø Vacancy in Selection Committee: The Act allows the Selection Committee to
function despite vacancies.
v If the LoP post is vacant due to the dissolution of the Lok Sabha, only the PM
and a Union Minister will remain for selecting candidates, effectively bypassing
both the judgment and the 2023 Act.
Ø Undermining Free and Fair Elections: With the executive holding two of three
votes, the Act raises concerns over ECs' independence and potential alignment with
the ruling party that may undermine free and fair elections.
Ø Impact on Credibility of EC: The Act's Search Committee for CEC and EC
candidates faces criticism for increasing executive influence even before
appointment.
Key Concerns Regarding the 2023 Act
Ø Art 125 of the constitution requires that the salery of a supreme court judge be
fixed by an act of parliament. However the salery of a Cabinet Secretary salary is
fixed by the government upon the recomandation of central pay commission
Ø Thus the act provide greater executive control in determining salery of CEC and
EC

Global Practices in the Appointment of Electoral Body Members

South Africa: The selection process involves key figures such as the President of the
Constitutional Court, representatives of the Human Rights Court, and advocates for
gender equality.
United Kingdom: Candidates for the electoral body are subject to approval by the
House of Commons.
United States: The President appoints members to the electoral body, and the
appointments require confirmation by the Senate (Indian counter part of Rajya Sabha)
Way ahead
Ø Strengthening Independence of EC: The Goswami Committee (1990) advised
barring CECs and ECs from government posts, including Governor, to prevent
conflicts of interest and ensure impartiality.
Ø Financial Autonomy: The expenditure of the Election Commission should be
'charged' upon the Consolidated Fund of India (CFI) so that it cannot be altered or
reduced through voting.
Ø Equality Between CEC and ECs: The 255th Law Commission (2015) report on
Electoral Reforms recommended amending Article 324(5) to give ECs the same
protection as the CEC, ensuring impartiality and resistance to external influence.
{Article 324(5) mandates removal process like Supreme Court judges for CEC
removal, while ECs can be removed on the CEC’s recommendation, making them
more vulnerable.}
Q. Consider the following statements

1. As per provisions of the Constitution of India, a Regional Commissioner

shall not be removed from office except on the recommendation of the
Governor of the State where the Regional Commissioner is posted.

2. The number of the Election Commissioners in the Election Commission

shall be fixed by the President from time to time.

Which of the statements given above is/are correct?

(a) Only 1 (b) Only 2

(c) Both 1 and 2 (d) Neither 1 nor 2

Q. Consider the following statements with respect to the Election
Commission of India:
1. The term of office of the Election Commissioners 5 years or 65 years
which ever is earlier
2. In case of difference of opinion amongst the Chief Election
Commissioner and/or other Election Commissioners, the matter is referred
to the President of India.
3. Article 324 of the Constitution of India provide provisions to maintain
independence of election commission
Which of the statements given above is/are correct?
(a) Only 1 (b) Only 3 (c) 1 and 3 (d) 1,2 and 3
Q. Consider the following statements with respect to the Election
Commission of India:
1. Now in 2025 the salery of election commissioner is equivalent to the
salery of a judge of supreme court
2. The removal process of the chief election commissioner is similar with
the judge of a high court
3. The selection commitee for elction commissioners is consist of Prime
minister (PM), Chief justice of India (CJI) and a union council of minister
nominated by the PM
How many of the above statements is/are incorrect?
(a) Only 1 (b) Only 2 (c) Only 3 (d) None