Central Election Commission of India- Structure, Appointment, Tenure

According to the Indian Constitution, the Central Election Commission of India is a self-governing constitutional organization that monitors the election process in India. The ECI was established on January 25, 1950, to establish and manage our country’s multi-tiered electoral process. From the President of India to the State Legislative Assembly, the Election Commission of India oversees the election process. According to Article 324 of the Indian Constitution, ECI is in charge of overseeing and directing the whole process of electing members of Parliament and legislatures in each state, the President and Vice-President of India.

Central Election Commission of India

Structure

A Chief Election Commissioner and two other Election Commissioners make up the Central ECI. The ECI’s multi-member structure is based on the majority vote.

Appointment & Tenure of Commissioners

• The President of India appoints the Chief Election Commissioner and the Election Commissioner.
• They each keep their positions for six years or until they reach the age of 65, whichever comes first.
• They are paid and rewarded in the same way as Supreme Court Judges.
• A Chief Election Commissioner can only be dismissed from office if the President issues an order that Parliament backs.
• Only the Chief Election Commissioner can remove an Election Commissioner or Regional Commissioner from office.

Advisory and Quasi-Judiciary Powers

• Regarding post-election disqualification of sitting members of Parliament and State Legislatures, India’s Central Election Commission has advisory jurisdiction.
• When the Supreme Court or the High Courts find a person guilty of electoral malpractice, the case is submitted to the ECI to decide on the person’s disqualification. 
• In such circumstances, the ECI’s decision is final and binding on the President of India or the Governor, depending on the jurisdiction.
• The Election Commission of India also has the authority to disqualify any candidate who has not filed an election expenditure account by the deadline and by the law.
• According to the legislation, ECI can also eliminate or shorten the time of disqualification.

Administrative Powers

• Creating electoral seats in the country by allocating territorial regions.
• Organise and revise voter registration lists, as well as register eligible voters.
• Election dates and schedules will be announced, and nomination papers will be scrutinised.
• Political parties should be recognised and given electoral emblems.
• ECI appoints the subsequent seats:
  • District Election Officer
  • Chief Electoral Officer
  • Electoral Registration Officer
  • Returning Officer

Role of Central Election Commission of India

In the organization of elections, the Central ECI performs a critical role. The Election Commission of India’s most important responsibility is to guarantee free and fair elections by the law and the Model Code of Conduct. It is in charge of keeping track of political parties and candidates’ acts and activities.

Functions of the Central Election Commission of India

• ECI is in charge of ensuring a fair and free election.
• It guarantees that candidates and political parties follow the Model Code of Conduct.
• Regulates and registers political parties to ensure that they are eligible to run in elections.
• Proposes and monitors a limit on campaign spending per candidate for all parties.
• To receive the tax advantage on contributions, all political parties must file yearly reports to the ECI.
• Ensures that all political parties produce audited financial reports regularly.

The Election Commission’s key responsibilities include:

• All Parliament and State Legislatures elections must be supervised, controlled, and conducted.
• Establish general election regulations.
• Prepare voter registration lists.
• Determine how constituencies are distributed across the country.
• Political parties deserve credit.
• They should assign election emblems to political parties or candidates.
• Appoint tribunals to resolve issues and disputes arising from elections to the House of Commons and state legislatures.

Model Code of Conduct

When the fifth general election was held in 1971, the EC produced the first Model Code of Conduct for political parties. The Code has been changed several times since then, and it lays forth standards for how politicians should behave during elections. Ministers and other authorities are prohibited from announcing any financial grant, making promises of road construction, or making appointments in government and public undertakings that may have the effect of influencing voters in favor of the ruling party from the time the elections are announced by the Commission.

Despite political parties’ ratification of the Code of Conduct, instances of its breach have increased. It is a common allegation that the party in power at the time of elections abuses the official apparatus to help its candidates win elections. Misuse of government machinery takes many forms, including the publication of advertisements at the expense of the public purse, the use of official mass media during election season for partisan coverage of political news and publicity about their accomplishments, and the use of government transportation, including planes, helicopters, and vehicles.

Conclusion

The Central Election Commission of India is a permanent and independent organization created by the Indian Constitution to guarantee free and fair elections in the country. The Commission is in charge of holding India’s Lok Sabha elections. It is a crucial topic for the IAS Exam, as it falls within the Indian Polity syllabus.

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