The roles played by Chief Election Commissioner

Hyderabad: This article is in continuation of the last article on Constitutional and Statutory Bodies. Election Commission of India Part XV, Article 324 of the Constitution of India deals with the office of the Election Commission. The Article details the composition, constitution and functions of the Election Commission of India. Composition of Commission According to […]

Hyderabad: This article is in continuation of the last article on Constitutional and Statutory Bodies.

Election Commission of India
Part XV, Article 324 of the Constitution of India deals with the office of the Election Commission. The Article details the composition, constitution and functions of the Election Commission of India.

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Composition of Commission

According to Article 324, the Election Commission shall consist of a Chief Election Commissioner and such number of Election Commissioners, if any, as the President may fix.

The Article clearly states that the Election Commission must have a Chief Election Commissioner; however, the appointment of Election Commissioners is not mandated under the Article. In other words, the President is empowered to decide whether the Commission must have Election Commissioners and if yes, the number of election commissioners to be appointed.

The Election Commission of India was constituted on 25th January 1950; from 25th January 1950 to 7th October 1989 it was a single-member body. From 16th October 1989 to 31st December 1989 it was transformed into a multi-member body for the first time. From 1st January 1990 to 30th September 1993 it was again converted into a Single-member body and from 1st October 1993 onwards it continues to be a multi-member body with three members.

Appointment

The President under Article 324 is empowered to appoint the following to the Central Election Commission:
• The Chief Election Commissioner

• Election Commissioners

• Regional Commissioners – in consultation with the Chief Election Commissioner to assist the Election Commission in performing its functions.

Conditions of Office and Tenure

According to Article 324, the conditions of office and tenure of the Chief Election Commissioner, Election Commissioners and Regional Commissioners is determined by the President subject to a law made by Parliament.
Under the Central Election Commission of India’s conditions of service rules framed by the Parliament:
1. Chief Election Commissioner and Election Commissioners are entitled to the same and other facilities, like rent free accommodation, as are provided to a judge of the Supreme Court.

2. Term is 65 years of age or six years of tenure, whichever is earlier

Removal

According to Article 324, the Chief Election Commission is removed in like manner and on the grounds of that of a Judge of the Supreme Court. The Election Commissioner/s is/are removed by the President on the recommendation of the Chief Election Commissioner. Also, the conditions of service of the Chief Election Commissioner cannot be changed to his disadvantage.

Assistance to the Central Election Commission

Article 324 empowers the Election Commission to request the President or Governor to make available staff required to discharge their functions and the President and Government shall assign the same.

Functions of Central Election Commission

Article 324 states that the Election Commission is responsible for superintendence, direction and control of the preparation of

 Electoral Rolls

 Conduct elections for

– Both houses of Parliament

– State Legislature

– Office of President

– Office of Vice President

Limitations of the Election Commission of India

1. Removal procedure

2. Staff requirement

3. Expenditure of the Commission

According to section 3 of the ‘Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991’, “There shall be paid to the Chief Election Commissioner (and other Election Commissioners) a salary which is equal to the salary of a judge of the Supreme Court.” The salary of Supreme Court and high court judges is governed by the ‘High Court and Supreme Court Judges’ (Salaries and Conditions of Service) Act’. However, the salary of the Judges is declared as charged expenditure by the Constitution.

To be continued…

By Shikara Academy