Election Commission of India

Why in News?

•  10.58 lakh votes ‘not counted or rejected’ in Lok Sabha election: EC
  • Over 10.58 lakh votes were not counted or rejected in the Lok Sabha election held in 2024, says a detailed statistical report released by the Election Commission on Thursday.

What is the Election Commission of India ?

About:

• The Election Commission of India (ECI) is an independent constitutional authority which is responsible for administering the Union and State election processes in India.
  • It was established in compliance with the constitution on 25th January 1950 (celebrated as National Voter’s Day).
• Chairperson:
  • Sh. Rajiv Kumar, Election Commissioner in ECI since 1st September 2020, took charge as the 25th Chief Election Commissioner on 15th May 2022.
• This body administers election to the Lok Sabha, Rajya Sabha and State Legislative Assemblies  in India, and the offices of the President and the Vice- President in the country.
  • It is not concerned with the elections of Panchayats and Municipalities in the state. For this, the Constitution of India provides for a separate State Election Commission.

Constitutional Provisions:

• Part XV (Article 324-329):
  •  It deals with elections and establishes a commission for these matters.
• Article 324:
  •  Superintendence, direction and control of elections to be vested in an Election Commission.
• Article 325:
  •  No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex.
• Article 326:
  •  Elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage.
• Article 327:
  •  Power of Parliament to make provision with respect to elections to Legislatures.
• Article 328:
  •  Power of Legislature of a State to make provision with respect to elections to such Legislature.
• Article 329:
  •  Bar to interference by courts in electoral matters.

Structure of ECI:

• Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it was made a multi-member body.
• The Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other election commissioners, if any, as the President may from time-to-time fix.
• Presently, it consists of the CEC and two Election Commissioners (ECs).
  • At the state level, the election commission is helped by the Chief Electoral Officer.

Appointment & Tenure of Commissioners:

• The President appoints CEC and Election Commissioners as per the CEC and other ECs (Appointment, Conditions of the Service, and Term of Office) Act, 2023.
• They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
• The salary and conditions of service of the CEC and ECs will be equivalent to that of the Supreme Court Judge.

Removal:

• They can resign anytime or can also be removed before the expiry of their term.
• The CEC can be removed from office only through a process of removal similar to that of a SC judge by Parliament, while ECs can only be removed on the recommendation of the CEC.

Limitations:

• 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.