12-Mar-2025
Election Commission of India
Indian Polity
About the Election Commission of India (ECI)
- The Election Commission of India (ECI) is an autonomous constitutional authority responsible for conducting Union and State elections in India.
- Established on January 25, 1950, under the Constitution of India, this date is now observed as National Voters' Day.
- The ECI oversees elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President.
- Elections for panchayats and municipalities are managed separately by the State Election Commission as per constitutional provisions.
Constitutional Provisions Related to ECI
- Part XV (Articles 324-329) of the Indian Constitution deals with elections and the establishment of the Election Commission.
- Article 324: Grants ECI the power to supervise, direct, and control elections in India.
- Article 325: Prohibits exclusion from electoral rolls based on religion, race, caste, or sex.
- Article 326: Ensures elections are based on adult suffrage (universal voting rights for adults).
- Article 327: Grants Parliament the power to regulate elections to legislatures.
- Article 328: Empowers State Legislatures to make provisions for state-level elections.
- Article 329: Bars courts from interfering in electoral matters.
Structure of the Election Commission
- Initially, ECI was a single-member body, but after the Election Commissioner Amendment Act, 1989, it became a multi-member body.
- The commission consists of:
- Chief Election Commissioner (CEC)
- Two Election Commissioners (ECs) (appointed as per requirement)
- The Chief Electoral Officer (CEO) assists at the state level.
Appointment & Tenure of Commissioners
- The President of India appoints the CEC and ECs based on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
- They hold office for six years or until the age of 65, whichever is earlier.
- Their salary and service conditions are equivalent to that of a Supreme Court judge.
Removal Process
- Chief Election Commissioner (CEC) can only be removed through a process similar to the removal of a Supreme Court judge, requiring Parliamentary approval.
- Election Commissioners (ECs) can be removed only on the recommendation of the CEC.
Limitations of the ECI
- The Constitution does not specify qualifications (legal, educational, administrative, or judicial) for Election Commission members.
- It does not define a fixed tenure for ECI members.
- Retiring election commissioners are not barred from future government appointments.