Election timing and Election Commission

Subject: Polity

Context:

The Election Commission of India has made reply asserting that all decisions on the conduct and timing of elections are its sole remit, in respone to Jammu and Kashmir Lieutenant Governor’s speech over elections.

Concept:

• The EC, before coming out with the election dates, takes relevant factors into consideration.
• These include the topography, weather, sensitivities arising out of regional and local festivities in the area(s) where the election is to take place.

ECI

• The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country.
• Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission.
• Since its inception in 1950 and till 15 October 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner.
• On 16 October 1989, the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years. Thereafter, the Election Commission functioned as a multimember body consisting of three election commissioners.
• However, the two posts of election commissioners were abolished in January 1990 and the Election Commission was reverted to the earlier position.
• Again in October 1993, the president appointed two more election commissioners. Since then and till today, the Election Commission has been functioning as a multi-member body consisting of three election commissioners.

COMPOSITION

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.
• The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.

• 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.
• They can resign at any time or can also be removed before the expiry of their term.

INDEPENDENCE

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.
• 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.
• Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, viz.,
  • The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
  • The Constitution has not specified the term of the members of the Election Commission.
  • The Constitution has not debarred the retiring election commissioners from any further appointment by the government.