ELECTION COMMISSION & Public Service
Commission
SESSION BY:-
Dr. PRATAPSINH B. SALUNKE
Associate Professor
Maharashtra National Law University
Mumbai
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Recent Instances in Election Process
• Surat Episode
• Star Campaigner in New Delhi
banned for two days campaign
• Promise for more funds and work
expedition
• Freebies and manifesto and
supervision
• Guidelines for campaign and model
code of conduct
• Affidavit and criminal antecedents
Elections and Election Commission (Articles
324 to 329)
• Article 324
• Superintendence, direction and control of elections
to be vested in an Election Commission
• (1) The superintendence, direction and control of the
preparation of the electoral rolls for, and the conduct
of, all elections to Parliament and to the Legislature
of every State and of elections to the offices of
President and Vice President held under this
Constitution shall be vested in a Commission
(referred to in this Constitution as the Election
Commission). 3
Elections and Election Commission (Articles
324 to 329)
• (2) The 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 and
the appointment of the Chief Election
Commissioner and other Election
Commissioners shall, subject to the provisions
of any law made in that behalf by Parliament, be
made by the President.
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Elections and Election Commission (Articles
324 to 329)
• (5) Subject to the provisions of any law made by Parliament,
the conditions of service and tenure of office of the Election
Commissioners and the Regional Commissioners shall be
such as the President may by rule determine;
• Provided that the Chief Election Commissioner shall not be
removed from his office except in like manner and on the like
grounds as a Judge of the Supreme Court and the conditions
of service of the Chief Election Commissioner shall not be
varied to his disadvantage after his appointment:
• Provided further that any other Election Commissioner or a
Regional Commissioner shall not be removed from office
except on the recommendation of the Chief Election
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Commissioner.
Elections and Election Commission (Articles
324 to 329)
• (6) The President, or the Governor of a State,
shall, when so requested by the Election
Commission, make available to the Election
Commission or to a Regional Commissioner
such staff as may be necessary for the
discharge of the functions conferred on the
Election Commission by clause ( 1 ).
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Elections and Election Commission (Articles
324 to 329)
• Article 325
• No person to be ineligible for inclusion in, or to claim to
be included in a special, electoral roll on grounds of
religion, race, caste or sex .
• There shall be one general electoral roll for every
territorial constituency for election to either House of
Parliament or to the House or either House of the
Legislature of a State and no person shall be ineligible
for inclusion in any such roll or claim to be included in
any special electoral roll for any such constituency on
grounds only of religion, race, caste, sex or any of them.7
Elections and Election Commission (Articles
324 to 329)
• Article 326
• Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage The
elections to the House of the People and to the Legislative
Assembly of every State shall be on the basis of adult suffrage;
but is to say, every person who is a citizen of India and who is
not less than twenty one years of age (now 18) on such date as
may be fixed in that behalf by or under any law made by the
appropriate legislature and is not otherwise disqualified under
this constitution or any law made by the appropriate Legislature
on the ground of non residence, unsoundness of mind, crime or
corrupt or illegal practice, shall be entitled to be registered as a
voter at any such election. 8
Elections and Election Commission (Articles
324 to 329)
• Article 327
• Power of Parliament to make provision with respect to
elections to Legislatures Subject to the provisions of
this constitution, Parliament may from time to time by
law made provision with respect to all matters relating
to, or in connection with, elections to either House of
Parliament or to the House or either House of the
Legislature of a State including the preparation of
electoral rolls, the delimitation of constituencies and
all other matters necessary for securing the due
constitution of such House or Houses. 9
Elections and Election Commission (Articles
324 to 329)
• Article 328
• Power of Legislature of a State to make provision with
respect to elections to such Legislature Subject to the
provisions of this Constitution and in so far as provision
in that behalf is not made by Parliament, the Legislature
of a State may from time to time bylaw make provision
with respect to all matters relating to, or in connection
with, the elections to the House or either House of the
Legislature of the State including the preparation of
electoral rolls and all other matters necessary for
securing the due constitution of such House or Houses.
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Elections and Election Commission (Articles
324 to 329)
• Article 329
• Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution
• (a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such
constituencies, made or purporting to be made under Article
327 or Article 328, shall not be called in question in any court;
• (b) No election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in
question except by an election petition presented to such
authority and in such manner as may be provided for by or
under any law made by the appropriate Legislature. 11
Status of CEC
• [Link] v. UoI (1991) (CEC has upper hand)
• August 1993 conflict between [Link] &
Govt. (CRF & action)
• 1993 Ordinance of Union Govt. – 2 ECs
appointed.
• 3 fundamental changes :
• a. decision by majority
• b. salary & terms of service of ECs equivalent
to that of CEC
• c. allocation of work predetermined by the
Act / Rules
Status of CEC
• [Link] v. UoI (1995)
• (status, power, authority of ECs equivalent to that
of CEC)
• Free & Fair Elections- Basic Feature
• Indira Gandhi vs. Raj Narain (1975) SC- Art. 329-A
• Constitution of EC
• Chief Election Commissioner & Two other Election
Commissioner (Act, 1994)
• Regional Election Commissioners
• T. N. Seshan v. UOI (1995) SC- different service
conditions not necessary different status and
powers
Functions of EC
• Superintend, direct & control preparation of
Electoral Rolls
• Conduct of elections (Declaring schedule, manner
of voting, counting etc.
• Re Gujarat Assembly Case (2003) SC- Art. 174
& 324, gap in two sessions
• Advice President / Governor on disqualification of
member
• UOI vs. Association for Democratic Reforms
(2002) SC- direction for candidates to give
information about assets, education, cr.
antecedent etc.
Functions of EC
• Function according to other laws
• Representation of the People Act, 1950 &
1951
• Symbols (Reservation & Allotment) Order,
1968
• Independence of EC- All India Body, Quasi-
judicial Body
• Other provisions- No bar to include in Electoral
roll on certain grounds, Adult Suffrage, Power
of parliament & State legislature, challenge of
election only by Election petition before HC
•THANK YOU
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