Election Commission of India (Article 324)

At a Glance

• What it is Permanent and independent body to ensure free and fair elections
• Article Article 324
• Conducts Elections to Parliament, state legislatures, President and Vice-President
• Not concerned with Panchayat and municipal elections (State Election Commission)
• Exam link UPSC Prelims, Polity: Constitutional Bodies

Where Does It Fit?

This is the first topic of the category on Constitutional Bodies. The Election Commission is a permanent and independent body established by the Constitution directly to ensure free and fair elections in the country. It is an all-India body, common to both the Central government and the state governments.

Constitutional Basis

Article 324 vests the power of superintendence, direction and control of elections to Parliament, the state legislatures, the office of the President and the office of the Vice-President in the Election Commission. The Commission is not concerned with elections to panchayats and municipalities in the states. For these, the Constitution provides a separate State Election Commission, by the 73rd and 74th Constitutional Amendment Acts of 1992.

Composition

Article 324 makes these provisions on composition: the Commission consists of the Chief Election Commissioner and such number of other election commissioners, if any, as the President may from time to time fix. The President appoints the Chief Election Commissioner and the other commissioners. When any other election commissioner is appointed, the Chief Election Commissioner acts as the chairman of the Commission. The President may also appoint, after consultation with the Commission, regional commissioners to assist it. Subject to any law made by Parliament, the conditions of service and tenure of office are determined by the President.

From 1950 till 15 October 1989 the Commission functioned as a single-member body. On 16 October 1989 the President appointed two more election commissioners to cope with the increased work caused by the lowering of the voting age from 21 to 18 years, which was done by the 61st Amendment Act of 1988. In January 1990 the two posts were abolished and the Commission reverted to its earlier position. In October 1993 the President again appointed two more election commissioners, and since then the Commission has functioned as a multi-member body of three.

Service Conditions Under the 1991 Act

The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 provides that the Chief Election Commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and perquisites, similar to those of a judge of the Supreme Court. If they differ in opinion, the matter is decided by the Commission by majority. They hold office for a term of six years or until the age of 65 years, whichever is earlier, and may resign at any time by writing to the President.

Independence and Its Flaws

1. The Chief Election Commissioner has security of tenure and cannot be removed except in the same manner and on the same grounds as a judge of the Supreme Court, which means by the President on a resolution of both Houses of Parliament passed by special majority on proved misbehaviour or incapacity.
2. His or her service conditions cannot be varied to his or her disadvantage after appointment.
3. Any other election commissioner or a regional commissioner cannot be removed except on the recommendation of the Chief Election Commissioner. The security of tenure of the Chief Election Commissioner is therefore not available to the other election commissioners.

The flaws noted are that the Constitution has not prescribed qualifications of the members, has not specified their term, and has not debarred retiring commissioners from further appointment by the government.

Anoop Baranwal Case (2023)

To ensure the independence and neutrality of the Commission, free from external political and executive interference, the Supreme Court in the Anoop Baranwal case (2023) directed that the appointment of the Chief Election Commissioner and the other Election Commissioners shall be made on the recommendation of a three-member committee: the Prime Minister, the Leader of the Opposition in the Lok Sabha (or, if there is none, the leader of the largest opposition party in numerical strength) and the Chief Justice of India. The Court also said it is desirable that the grounds of removal of the other Election Commissioners be the same as for the Chief Election Commissioner, subject to the Chief Election Commissioner’s recommendation, and that their conditions of service not be varied to their disadvantage after appointment. These directions are to operate until Parliament makes a law consistent with Article 324.

Powers and Functions

The Commission grants recognition to political parties and allots election symbols to them. The Parliament has made the Delimitation Commission Acts in 1952, 1962, 1972 and 2002.

Machinery Under the Commission

The Commission is assisted by deputy election commissioners, drawn from the civil service and appointed by the Commission with a tenure system, who are in turn assisted by secretaries, joint secretaries, deputy secretaries and under secretaries in its secretariat. At the state level it is assisted by the Chief Electoral Officer, appointed by the Chief Election Commissioner in consultation with the state government. At the district level the Collector acts as the district returning officer, who appoints a returning officer for every constituency in the district and a presiding officer for every polling booth in the constituency.

Vision and Guiding Principles

Under its Strategic Plan 2016-2025, the Commission strives to be an institution of excellence by enhancing active engagement and participation and deepening and strengthening electoral democracy. Its mission includes maintaining independence, integrity and autonomy and delivering free, fair and transparent elections. Its guiding principles include upholding equality, impartiality, independence and the rule of law, conducting elections with credibility, freeness, fairness and transparency, ensuring inclusive participation of all eligible citizens, using technology in all areas of the electoral process and building quality infrastructure.

Why Is This Topic Important?

• Core body Appears in Prelims every year
• Anoop Baranwal Recent judgment asked in current-linked questions
• Independence Flaws and safeguards are standard Mains points

What Came Next?

The next topic covers the Union Public Service Commission and State Public Service Commissions.

Key People and Terms

• Article 324 Superintendence, direction and control of elections
• Chief Election Commissioner Chairman of the Commission
• Regional commissioner Assists the Commission
• Returning officer Appointed for each constituency
• State Election Commission Conducts local body elections

Exam Corner

Mains Angle

Questions on this topic usually ask about the independence and powers of the Commission. Use these points to add depth.

• Safeguards Security of tenure of the CEC
• Gaps No qualifications or fixed term in the Constitution
• Appointment Anoop Baranwal committee
• Powers Administrative, advisory, quasi-judicial