Election Commission of India (ECI) – Polity Notes for APSC Exam

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Election Commission of India (ECI)

Polity Notes for APSC, UPSC and State exams

The Election Commission of India (ECI) is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India. The ECI was set up on January 25 1950.

As per Article 324 of the Indian Constitution, ECI has the supervisory and directional control of the complete process election to Parliament and Legislature of every State and to the office of the President and the Vice-President of India.

The ECI consists of a Chief Election Commissioner and 2 other Election Commissioners. The multi-member ECI works on the power of majority vote.

Appointment & Tenure of Election Commissioners & CEC

  1. The President has the power to select Chief Election Commissioner and Election Commissioners.
  2. They have tenure of six years, or up to the age of 65 years, whichever is earlier.
  3. They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
  4. The Chief Election Commissioner can be removed from office only through accusation by Parliament.
  5. Election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

 

Functions of the Election Commission of India

  1. ECI is responsible for a free and reasonable election.
  2. It ensures that political parties and candidates adhere to the Model Code of Conduct.
  3. Regulates parties and registers them as per eligibility to contest in elections.
  4. Proposes the limit of campaign expenditure per candidate to all parties and monitors the same.
  5. It is mandatory for all political parties to submit annual reports to the ECI in order to be able to claim the tax benefit on the contributions.
  6. Guarantees that all political parties regularly submit audited financial reports.

 

The main duties of the Election Commission are:

  1. Supervise, control and conduct all elections to Parliament and State Legislatures.
  2. Set general rules for election.
  3. Prepare electoral rolls.
  4. Determine territorial distribution of constituencies Give credit to political parties.
  5. Allot election symbols to political parties or candidates.
  6. Appoint tribunals for the decision of doubts and disputes arising out of an election to Parliament and State Legislatures.

 

Administrative Powers of the Election Commission

  1. The commission has been empowered to function in accordance to the Delimitation Commission Act and define the territorial boundaries of electoral constituencies for different elections.
  2. It has been given powers to register and deregister any political party or entity.
  3. It is empowered to enforce the ‘Model Code of Conduct’ for election campaigns and ensures its implementation.
  4. It is empowered to keep a check on the election expenses of the political parties.
  5. This ensures a level playing field for all the political parties irrespective of their size and thus the capacity to spend.
  6. It has the power to appoint officers as election observers and expenditure observers from different departments of the Civil Services.

 

Advisory Powers of the Election Commission EC:

  1. The Commission is empowered to advise the President of India regarding disqualification of the members of Parliament and the conditions for the same.
  2. The Commission also advises the Governors with respect to the disqualifications of members of the State Legislatures.
  3. It advises the High Courts and Supreme Court in matters related to post-election disputes between candidates and political parties.

 

Quasi-Judicial Powers of Election Commission

  1. The Election Commission is empowered to settle disputes regarding recognition granted to political parties and candidates.
  2. It has the powers to act as a court for matters related to disputes arising out of the allotment of election symbols to political parties and candidates.
  3. No two election symbols are the same, even in different regions.
  4. It must be noted that the elections with respect to the election of Panchayats and Municipalities are carried out under the supervision of the State Election Commission.
  5. The State Election Commissions are in turn advised by the ECI and are answerable to it.