ELECTION COMMISSION OF INDIA

Art 324

ELECTION COMMISSION OF INDIA

Constitutional Provisions

• Art 327 – Parliament can make laws for in
  connection to all matters relating to elections
  for either House of Parliament/State
  Legislature.
• Art 328 – State legislature can also make laws
  w.r.t. matters related to elections for State
  legislature on aspects where Centre has not
  made any laws.
• Art 325 – There is no provision for separate
  electorates on grounds of religion, race, caste or
  sex.
• Art 326 – UAF with minimum age for voting
  being 18 (reduced from 21 through 61st A/A’88).

APPOINTMENT:

the officers of election commission of india elected by

• By the President, subject to Parliamentary law (if such
  law exists)

COMPOSITION:

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.

CONDITIONS O F SERVICE:

• The Election Commission (Conditions of Service of Election
  Commissioners and Transaction of Business) Act, 1991
  qSalary – Same as S C judge
  qTerm of Office – 6 yrs./65 yrs

REMOVAL

• CEC – Similar to S C judge.
• ECs – Removal can be initiated on the recommendation of
  CEC.

Anoop Baranwal Case 2023

• The S C held that a committee comprising
  -Prime Minister,
  -Leader of the Opposition and
  -Chief Justice of India
  will advise the President on appointments to the
  ECI until Parliament enacts a law on the subject.
• It is desirable that the grounds of removal of the
  ECs shall be the same as that of the CEC
• The conditions of service of the ECs shall not be
  varied to his disadvantage after appointment

CEC & Other EC s(Appointment, Conditions of Service and Term of Office) Act, 2023

• Search Committee to comprise of
  -Law Minister
  -2 Secretary-rank officers (knowledge in matters of elections)
  and will suggest 5 names to Selection Committee.
• Selection Committee to comprise of
  -PM
  -LOP (LS)
  -Union Cabinet Minister nominated by PM
  and will recommend a name for appointment to President.
• Qualification:
  -Current/former Secretary-ranked officers in GoI
  -Expertise in managing and conducting elections
  -Persons of integrity
• Salary and allowances:
  -Same as S C Judge
• Term of office:
  -6 yrs./65 yrs.
  -Not eligible for re-appointment

FUNCTIONS

• Prepare & revise the electoral rolls.
• Conduct and supervise elections (LS, RS, LA, LC,
  Presidential & Vice-Presidential elections)
• To fix election programme.
• Advice the President/Governor on electoral matters
  including disqualification of legislators.
• Prepare & revise Model Code of Conduct (MCC) for parties
  & candidates.
• Management of India International Institute of Democracy
  & Election Management.
• Examine the accounts of expenditure submitted
  by candidates.
• It decides the criteria for recognising parties.
• It decides election symbols and any disputes w.r.t the
  same. (The Election Symbols (Reservation and
  Allotment)Order, 1968)
• Fix the limit of poll expenditure