Election Commission Of India

Election Commission of India

The Constitution provides the Election Commission of India with the power of superintending the direction and control of the preparation of electoral rolls and the conduct of all elections to Parliament, State Legislature, the office of the President, and the office of the Vice President. Election Commission of India is an all-India body that is common to central and state governments.

It must be noted here that the Commission does not deal with elections to the municipalities and panchayats in the state. Hence, a separate Election Commission for the state for that is there.

History

Since its inception from 1950 till 15^th October 1989, the Election Commission of India was a one-member body with the Chief Election Commissioner as the sole member.

On 16^th October 1989, the voting age was changed from 21 years to 18 years, so two more Election Commissioners were appointed to cope with the increased work of the Election Commission. Since then, it has been a three-member body.

Later the two post of Election Commissioner was eliminated in January 1990. The Election Comission was reverted to the previous position. This was repeated again in October 1993, when the President appointed two more Election Commissioners. Since then, the Election Commission of India functions as a multi-member body comprising three commissioners.

Old structure of Election Commission of India

The old law mandated the following:

• The President has the power to select the Chief Election Commissioner and Election Commissioners.
• They have a tenure of 6 years and 65 years of age, whichever is earlier.
• The Chief Election Commissioner can be removed only through a resolution of Parliament as a Supreme Court judge.
• Election Commissioner or Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

Provision in a specific article related to the Election Commission of India

• Article 324
  • Supreme direction and control of the election to be vested in the Election Commission.
• Article 325
  • No person shall be ineligible for the inclusion of a claim to be included in a special electoral roll on the grounds of race, religion, caste, or sect.
• Article 326
  • Election to the House of the People and to the Legislative Assembly to be on the basis of adult suffrage.
• Article 327
  • Power of Parliament to make provision with respect to the election for the legislature.
• Article 328
  • Power of legislature of the State to make provision with respect to the election to the legislature where the Parliament law is not applicable.
• Article 329: Bar of interference
  • (a) The validity of any law related to the delimitation of constituencies or the allotment of seats to such constituencies, or preparing to be made under Article 327 and 328, shall not be questioned in any court of law.
  • (b) No election of either House of Parliament or House of the State Legislature shall be called in question except by the election petition presented to such authority in such a manner as may be provided under any law made by state legislature.

New amendment in provisions of ECI

Last year the Supreme Court directed the appointment on the advice of a committee comprising the Prime Minister, the Chief Justice of India, and the leader of opposition. The Court mandated that unless Parliament made a law, this appointment was to be made only through this process.

Basis of this petition

Election Commission is a body which not only conducts the election for the ruling party but also for the opposition.

In the light of the judgement, it is important to note that the President works on the advice of the Council of Ministers, cautioning transparency and accountability.

Not only that, from time to time, there have been various parties, forums, committees, and commissions that have demanded a participatory form of appointment.

• Dinesh Goswami Committee, 1990 recommended that the Chief Election Commissioner is to be appointed by the President in consultation with the Chief Justice of India and the Leader of Opposition. For the Election Commissioner, the Chief Election Commissioner, the Chief Justice of India, and the Leader of Opposition were to be made part.
• The National Commission for the Review of the Abolition of the Constitution (NCRW), also called the Venkat Charaya Committee, suggested for Prime Minister, Leader of Opposition of Lok Sabha, Leader of Opposition of Rajya Sabha, Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha recommended for appointment as Chief Election Commissioner and Election Commissioners.
• The Law Commission in 2015 recommended the Prime Minister, the Leader of the Opposition of Lok Sabha, and the Chief Justice of India.
• Very recently, a few years back, the Supreme Court in 2023, in the Anoop Baranwal, reiterated the Law Commission's observation to be followed and recommended its selection panel for Prime Minister, Leader of Opposition, and Chief Justice of India.

International Position