Election Commission of India

Election Commission of India

Why it is in news:

• The Constitution Bench of the Supreme Court of India is about to deliver the judgement on the method of constitution of Election Commission of India.
• The court will determine that “is complete executive control over appointments to the ECI constitutional?”

Key facts about the Election Commission of India:

• The ECI is a constitutional and independent body established under article 324 of the Indian Constitution.
• Article 324 provides that the power of superintendence, direction and control of elections to parliament, state legislatures, offices of president and vice-president shall be vested in the election commission of India.
• The local elections or 3^rd tier elections do not fall under the Election commission of India.
• For the purpose of Local elections, there is a separate body called as state Election Commission.

Composition of the Election Commission:

• It shall consist of Chief Election Commissioner and such number of other election commissioners, as the president may fix.
• The appointment of the CEC and other EC shall made by the president.
• The condition of service and tenure of office of the election commissioners shall be determined by the president.
• They hold office for a term of six years or until they attain the age of 65 years.

Loopholes in the appointment and independence of the ECI:

• The Constitution has not prescribed the qualifications of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any further appointment by the Government.

Independence 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 CEC 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 CEC.
• Syllabus: Prelims + Mains; GS2- important constitutional bodies

Syllabus: Prelims + Mains; GS2- important constitutional bodies