APPOINTMENT OF ELECTION COMMISSIONERS

Subject : Polity

Context : Recently, Shri Anup Chandra Pandey has assumed charge as the new Election Commissioner (EC) of India.

Concept :

Article 324 of the Constitution has made the following provisions with regard to the composition of election commission
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.
The appointment of the chief election commissioner and other election commissioners shall be made by the president.
When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.
The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.

Powers and Tenure of Election Commissioners

The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court.
In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.
They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

Independence of Election Commissioners

Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission:
The chief election commissioner is provided with the security of tenure.
He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court.
He can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.
The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.