Election Commission

Notes

Art. 324 gives the Election Commission of India (ECI) the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, State legislatures, and the offices of President and Vice-President. Local body elections are conducted by State Election Commissions (Art. 243K and 243ZA). The ECI was set up on 25 January 1950 (National Voters' Day).

Composition and tenure

Chief Election Commissioner (CEC) and such other Election Commissioners as the President fixes. Since 1993 it has been a three-member body.
Appointment: originally by the President on the Government's advice. In Anoop Baranwal v Union of India (2023), the Supreme Court directed a committee of the PM, Leader of Opposition and CJI until Parliament made a law. The CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 created a Selection Committee of the PM (Chair), the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the PM.
Term: six years or until age 65, whichever is earlier. Salary equal to that of a Supreme Court judge.
Removal: the CEC can be removed in the same way as a Supreme Court judge; Election Commissioners only on the CEC's recommendation (Art. 324(5)).

Powers and functions

Preparing and revising electoral rolls; scheduling elections; recognising political parties and allotting symbols (Election Symbols Order, 1968); enforcing the Model Code of Conduct; monitoring campaign spending.
Advisory: gives opinion to the President or Governor on the disqualification of MPs and MLAs (Art. 103 and 192). Quasi-judicial: decides disputes on party recognition and symbols.
Mohinder Singh Gill v CEC (1978): Art. 324 is a reservoir of power where laws are silent. T.N. Seshan (CEC 1990-96) strengthened its independence. PUCL (2003) and ADR (2002): voters' right to know candidates' antecedents; NOTA introduced in 2013 (PUCL).

Related provisions: Art. 325 (one general electoral roll), 326 (adult suffrage; voting age 18 by the 61st Amendment, 1988), 327-328 (power to make laws), 329 (courts' bar to interfere in electoral matters). Laws: Representation of the People Act, 1950 (rolls, delimitation) and 1951 (conduct of elections, disqualification, disputes).

Key Points

Art. 324; founded 25 January 1950; conducts elections to Parliament, State legislatures, President and Vice-President.
Three-member body; six years or age 65.
2023 Act: Selection Committee of PM, Leader of Opposition, a Union Minister.
Advisory and quasi-judicial powers; Model Code of Conduct.
Art. 329 bars courts from interfering in electoral matters.

MCQs

Q1. The Election Commission is established under: (a) Art. 280 (b) Art. 315 (c) Art. 324 (d) Art. 148 Ans: (c).

Q2. The Election Commission does NOT conduct elections to: (a) Parliament (b) State legislatures (c) Panchayats and Municipalities (d) The office of the President Ans: (c). State Election Commissions do so.

Q3. The voting age was reduced from 21 to 18 by which Amendment? (a) 42nd (b) 44th (c) 61st (d) 73rd Ans: (c). 1988.