Election Commission of India (ECI)
Why it Matters?
The ECI's Special Intensive Revision of electoral rolls in Bihar raises constitutional and legal concerns, as it may exceed the statutory limits set under the Representation of the People Act, 1950.
What You Should Know?
The Election Commission of India (ECI) is a permanent constitutional body established on 25th January 1950.
National Voters’ Day is observed on January 25 every year since 2011 to commemorate the ECI’s foundation.
The ECI is governed by Part XV of the Constitution, i.e., Articles 324 to 329.
The ECI currently consists of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
Originally, it had only a CEC. Two ECs were first appointed in 1989 and made permanent from 1993.
Functions of the ECI:
The ECI supervises, directs, and conducts free and fair elections in India.
It prepares and revises electoral rolls for Lok Sabha and State Legislative Assembly elections.
It grants recognition to political parties at both the national and state levels.
It enforces the Model Code of Conduct to ensure impartiality during elections.
Key Provisions of the Chief Election Commissioner and Other Election Commissioners Act, 2023: Qualifications:
The CEC and ECs must have held a post equivalent to Secretary to the Government of India.
Must possess integrity and experience in managing and conducting elections.
Tenure & Reappointment:
Tenure is 6 years or until 65 years of age, whichever is earlier.
If an EC is elevated to CEC, their combined tenure (as EC and CEC) cannot exceed 6 years.
Reappointment is not permitted under the Act.
Appointment Procedure:
A Search Committee, headed by the Union Law Minister and comprising two senior officials, prepares a panel of 5 eligible candidates.
A Selection Committee recommends appointments and includes:
Prime Minister (Chairperson)
Leader of the Opposition in the Lok Sabha
One Union Cabinet Minister nominated by the PM
The President of India appoints the CEC and ECs based on the Selection Committee's recommendation.
Salary, Removal, and Legal Protection:
Salary of CEC and ECs is equivalent to that of a Supreme Court judge.
They can resign by submitting a written notice to the President of India.
CEC can be removed like a Supreme Court judge, i.e., through a parliamentary process of impeachment.
Election Commissioners can be removed only on the recommendation of the CEC.
Both the CEC and ECs enjoy legal immunity for acts and decisions made in the course of their official duties.
Note:
Section 21(3) of the Representation of the People Act, 1950 allows special revision of electoral rolls only for a constituency or part of it, not for an entire state.
Section 14 of the Representation of the People Act, 1950 provides January 1 as the qualifying date for electoral roll revision.
Section 19 of the Representation of the People Act, 1950 requires a person to be at least 18 years of age and ordinarily resident in the constituency to register as a voter.
Section 11A of the Representation of the People Act, 1951, deals with disqualification from voting based on certain legal and criminal grounds.
Rule 8 of the Registration of Electors Rules, 1960 permits applicants to provide information to the best of their ability and does not mandate foolproof documentation.
In the Mohinder Singh Gill versus Chief Election Commissioner case of 1978, the Supreme Court held that the Election Commission of India must act within the framework of existing laws where applicable.
The powers of the Election Commission of India under Article 324 of the Constitution are not absolute and cannot override the provisions of the Representation of the People Act.