UNIVERSITY INSTITUTE OF LEGAL STUDIES
SUBJECT NAME : CONSTITUTIONAL LAW II
DISCOVER . LEARN . EMPOWER
CONSTITUTIONAL LAW II
(LCT-256/LCT-151)
Course Outcome
CO Number Title Level
CO6 Students will also be able to see and Analyze
analyze the working of election
commission.
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Election commission of India
• The Election commission of India is a permanent, autonomous, quasi-
judicial and constitutional body created under Article 324 in part 15 of
the constitution. It is the supreme body vested with powers of
supervision, control and direction over all aspects of electoral
governance in the country.
• The Election Commission was established in 1950 with the primary
goal of managing and controlling and responsible for conducting free
and fair elections of parliament, state legislature, the office of
president of India and the office of vice-president of India.
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Election Commission Of India - Historical Background
• General elections were held in India between 25 October 1951 and 21 February
1952. They were the first elections to the Lok Sabha after independence in
August 1947. It was conducted under the provisions of the Indian Constitution,
which was adopted on 26 November 1949 by the Election Commission of India
established under Article 324 of the Indian constitution.
• Till 1989, the election commission was a single-member body consisting of only
the Chief Election Commissioner when two more election commissioners were
appointed functioning as a multi-member body.
• Again between 1990 and 1993 the election commission was a single-member
body. Presently the Election Commission has a chief Election commissioner and
two other election commissioners.
• The commission is assisted by deputy election commissioners and at the state
level assisted by the chief electoral officer appointed by the commission with
tenure system.
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Composition of Election Commission Of India
The Election Commission shall consist of:
• A chief election commissioner and Other election commissioners
(the number is to be decided by the President from time to time)
Art 324.
• Regional commissioners to be appointed by the President(after
consultation with the election commission) as he may consider
necessary to assist the Election Commission.
• The conditions of service and tenure of office of the election
commissioners and the regional commissioners shall be determined
by the President.
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Appointment of Members of Election Commission Of India
• The Constitution does not provide any educational, legal, administrative or
judicial qualification for the appointment of members of the election
commission.
• It has authorized the Parliament to make laws for the appointment of
members of the election commission. The parliament, however, has not
enacted any law in this regard.
• Recently in July 2017 the Supreme Court hearing a plea seeking Constitution
of a committee composed of the Prime Minister, leader of the opposition and
the chief justice of India for appointment of election commissioner expressed
concerns over the absence of a law on the appointment to election
commission of India and chief election commissioner. The apex court asked
the government to formalise a law for the appointment of members of the
election commission.
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Structure and Terms of Election Commission of India
• The commission consists of one chief election commissioner and two
election commissioners appointed by the President.
• Tenure six years or up to the age of 65 years whichever is earlier.
• The Constitution does not prescribe terms of members of the election
commission.
• The chief election commissioner and two other election
commissioners have equal powers and receive equal salaries,
allowances and other perks similar to those of a judge of the supreme
court.
• The secretariat of the commission is located in New Delhi.
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Removal of Chief Election Commissioner
• The constitution provides that the Chief election commissioner
cannot be removed from his office except in the like manner and
grounds as a judge of the supreme court.(removed by the president
based on a resolution to that effect passed by a special majority of
both the houses on grounds of proved misbehaviour or incapacity).
• Other election commissioners or regional commissioners can be
removed from the office only on the recommendation of the Chief
Election Commissioner.
• Removal requires a special majority of 2/3rd members present and
voting supported by more than 50% of the total strength of the
house.
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Functions of Election Commission Of India
Administrative functions
• Determine territorial areas of electoral constituencies based on the
delimitation commission act.
• It prepares and revise electoral rolls and to register all eligible voters.
• It grants recognition to political parties and allot election symbols to them.
• Notify the dates and schedules of elections and scrutinize nomination
papers.
• Supervise machinery of elections throughout the county to ensure free
and fair elections.
• It determines the Code of Conduct and cancels polls in the event of booth
capturing and other irregularities.
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Quasi-Judicial function
• It has the power to settle disputes related to recognition granted to
political parties.
• It is entitled to act as a court for matters relating to disputes arising out of
the election symbol to political parties.
• It also has the power to disqualify a contender who failed to lodge an
account of his election expenses within a given time.
Advisory function
• It advises the President and the Governor on matters relating to
disqualification of members of parliament and the state legislature. The
opinion of the commission in all such matters is binding.
• To Advise the president whether the elections can be held in a state under
the President's rule to extend the period of emergency after one year.
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Significance of Election Commission Of India
• It upholds values enshrined in the Constitution viz, equality,
impartiality, equity.
• It supervises and controls electoral Governance.
• VVPAT was introduced with EVM at every polling station to enhance
transparency.
• It facilitates awareness about the electoral procedure and functioning
to voters, political parties, and candidates thereby strengthening the
electoral system of the country.
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Challenges
• It is unclear whether the ECI can transfer a State government official
in the exercise of the general powers under Article 324 or under the
model code.
• Electoral malpractice and increased violence under the influence of
money has resulted in political criminalization, which ECI is unable to
punish the political parties responsible for the violation.
• ECI is not a fully independent body and has no measures to regulate
the finances of the parties and has no power in enforcing inner-party
democracy.
• One of the major institutional drawbacks is non-transparency in the
election of CEC and the other two commissioners and is based on the
choice of presiding government.
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Way Forward
• The Tarkunde Committee on Electoral reform (1975) and Goswami committees on Electoral reforms
(1990) recommended the selection of a commissioner rather than an appointment based on the
discretion of the President.
• The expenditure incurred by the election commission should be charged on the consolidated fund of
India rather than the current practice of parliament approval.
• It is necessary to protect the two commissioners from removal except through impeachment as
provided by the constitution for the chief election commissioner, sole member at the time of inception.
• The 2nd ARC report recommended for the selection panel headed by the Prime Minister with the
Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister and the Deputy
Chairman of the Rajya Sabha as members should make recommendations for the consideration of the
President for appointment of the Chief Election Commissioner and the Election Commissioners.
• Use of VVPAT and Vote Totaliser machine shall be used to protect voters from harassment by political
parties.
• Legal backing for the Model Code of Conduct is necessary to prevent its violation and power to be
given to EC to punish the violators.
• Issues related to malfunctions and tampering of EVM should be settled by creating all party panels and
International experts. Introducing M3 type of EVMs which are more secure.
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Conclusion
The Election Commission is the bulwark of the Indian Constitution. It is
not only responsible for conducting free and fair elections, but it also
renders a quasi-judicial function between the different political parties
as well as the ruling government.
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REFERENCES
• Narendra Kumar, Constitutional Law of India, Allahabad Law Agency, Faridabad(Haryana), Nineth Edition, 2016
• PM Bakshi , The Constitution of India, Universal Law Publishing Co., New Delhi, Eighth Edition, 2009.
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THANK YOU
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