Election Commission of India

Indian Polity


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 16-Oct-2024

Why in the News?

The Election Commission of India announced on 15th October 2024, that Maharashtra assembly polls will occur on 20th November 2024, while Jharkhand will hold elections in two phases on November 13th and 20th. The results for both states will be revealed on 23rd November.

About Election Commission

  • Establishment: Formed on 25th January1950, as per the Constitution; celebrated as National Voters' Day.
  • Secretariat: New Delhi
  • Responsibilities: Administers elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies and offices of the President and Vice President.
    • It does not oversee panchayat and municipal elections; these are managed by State Election Commissions.

Constitutional Provisions

  • Part XV (Articles 324-329): Governs election processes and the establishment of the ECI.
    • Article 324: Grants ECI superintendence and control of elections.
    • Article 325: Ensures no discrimination in electoral rolls based on religion, race, caste, or sex.
    • Article 326: Elections based on adult suffrage.
    • Article 327: Allows Parliament to regulate elections to Legislatures.
    • Article 328: Allows State Legislatures to regulate elections within their jurisdiction.
    • Article 329: Prohibits court interference in electoral matters.
  • Structure of ECI
    • Composition: Initially had one election commissioner; now consists of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
    • Chief Electoral Officer assists at the state level.
  • Appointment & Tenure of Election Commissioners
    • Appointment: CEC and ECs are appointed by the President under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
    • Tenure: Fixed term of six years or until 65 years of age, whichever is earlier.
    • Salary: Equivalent to that of a Supreme Court Judge.
  • Removal Process
    • Resignation: Commissioners can resign at any time.
    • Removal:
      • CEC can only be removed by Parliament through a process similar to that for Supreme Court judges.
      • ECs can be removed based on the CEC's recommendation.

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