About the Election Commission of India (ECI):
Constitutional foundation:
- Permanent and independent body: It is a permanent and independent constitutional authority, established under Article 324 of the Indian Constitution.
- Primary role: It is responsible for conducting elections to the Parliament, State Legislatures, and the offices of the President and Vice President of India.
Constitutional provisions:
- Article 324 empowers the ECI to supervise, direct, and control the preparation of electoral rolls and the conduct of all elections to Parliament and State Legislatures.
- Article 325 ensures no one is excluded from the electoral rolls based on religion, race, caste, or sex.
- Article 326 establishes adult suffrage (voting rights for all citizens aged 18 and above) as the basis for elections.
- Article 327 allows Parliament to make laws regarding elections to Parliament and state legislatures.
- Article 328 empowers state legislatures to make provisions related to elections within the state.
- Article 329 prohibits judicial interference in electoral matters.
Functions and jurisdiction:
- Advisory role: It advises the President or Governor on matters related to the disqualification of members of Parliament and State Legislatures, especially in cases involving corrupt electoral practices.
- Quasi-Judicial role: It can disqualify candidates for failing to submit election expense accounts and resolve disputes regarding the recognition of political parties and the allocation of election symbols.
- Administrative role: It handles the delimitation of electoral constituencies, voter registration, updating of electoral rolls, and scheduling of election dates.
- It also ensures adherence to the Model Code of Conduct during elections and monitors political campaign expenditures.
Composition:
- Structure: Initially, it had only one member, the Chief Election Commissioner (CEC). In 1989, due to the reduction of the voting age from 21 to 18, two additional Election Commissioners were appointed, making it a three-member body.
- Appointments: The President of India appoints the Chief Election Commissioner and the two Election Commissioners. They serve for a term not exceeding six years or until the age of 65, whichever is earlier.
- Removal process: The Chief Election Commissioner can only be removed from office like that of a Supreme Court judge, requiring a special majority in both Houses of Parliament.
