A Simple Note On Election Commission

The Election commission of India was established on 25th Jan 1950, with the goal of establishing and managing our country’s electoral process. The ECI’s most important job is to conduct free elections and fair elections in accordance with the regulations and the Model Rules of Ethics which is a code of ethics.

What is the Election commission of India?

The ECI is  a self-governing constitutional authority that regulates the election process in India in accordance with the Indian Constitution. The ECI was established on 25th Jan 1950, with the goal of managing our country’s electoral process. The ECI is in charge of overseeing elections from the President to such State Legislative Assembly. According to Article 324 of said Indian Constitution, the Election Commission of India has supervisory and directing responsibility for the whole process of election to the legislatures and legislatures of each and every state with India’s president and vice-president.

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Structure of ECI:

• Originally, there was only a single election commissioner on the commission, but thanks to the ECI Amendment Act 1989, it is now a multi-member body
• The commission was made by 1 chief election commissioner with 2 election commissioners
• The election commission is assisted at the state level by the Chief Electoral Officer, who is an IAS level Officer
• They have a set six-year term, or until they reach the age of 65, whichever comes first
• They have the same status, salary, and benefits as Supreme court judges of India

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Removal from office:

• Judges of the High Courts and the Supreme Court, as well as the CEC and the CAG, may be removed from office by a resolution passed by Parliament on the basis of “proven misbehavior or incapacity”
• The term “impeachment” is not used in the Constitution to refer to the removal of judges, CAGs, and CECs
• The word “Impeachment” is exclusively used to remove the President, which needs a special majority of two-thirds of the entire strength of both chambers and is not used anywhere

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Appointment and tenure of commissioners:

• The President of India appoints a chief election commissioner and election commissioners
• 6-year tenure for both election chief commissioners and commissioners and it’s up to 65 years
• The elected commissioner is the only person who has the authority to dismiss the election commissioner
• Only the president, with the agreement of parliament, has the authority to dismiss the chief election commissioner

Powers of ECI:

The powers of Election commissioners of India can be categorized into 3 types followed Administrative Powers, Advisory Powers, and Quasi-judicial Powers

• Administrative powers:

The vital task of supervising, directing, and controlling the conduct of elections encompasses a wide range of authorities, responsibilities, and activities; these are basically the administrative powers upon the ECI  Article 324 confers several tasks on the Commission, which could be powers or obligations, mostly administrative, but also judicial or legislative in nature.

• Advisory Powers:

In cases where a person is accused and convicted of any corrupt practices during an election,  the President of India makes the decision whether the same person must be disqualified from competing in upcoming elections or not, and, if so, for how long. Before making a judgment in the event of such an incident, the President obtains the advice of the ECI and may act in accordance with that advice depending on the circumstances.

• Quasi-Judicial Powers:

The Election Commission is also required by law to conduct another crucial job. All organizations or groupings of persons calling themselves political parties and prepared to run for office under the name and flag of a political party must register with ECI. The Supreme Court has ruled that the Election Commission’s job of registering political parties is a quasi-judicial function done by ECI.

Role of ECI:

ECI is critical in the organization of elections. The ECI’s most important job is to conduct free elections and fair elections in accordance with the regulations and the Model Rules of Ethics which is a code of ethics. It is in response to monitoring political parties’ and candidates’ acts and activities.

The function of ECI:

• ECI is in charge of ensuring a free and fair election
• It makes certain that parties follow the Code Of Ethical Conduct
• Regulates and registers political parties based on their eligibility to run in elections
• All parties are encouraged to set a cap on campaign spending per candidate, which is monitored
• All political parties are required to file yearly accounts to the Election commission of India in order to collect the tax advantage on contributions
• Ensures that almost all political parties produce audited financial reports on a regular basis
• The Election Commission’s primary responsibilities are as follows
• Supervise, control, and conduct all parliamentary and state legislative elections
• Establish general election regulations
• Make electoral rolls
• Determine the allocation of constituencies on a geographical basis
• Give political parties credit
• Election emblems should be assigned to political parties and candidates

Voting Procedure:

The voting is done by 3 methods according to area condition and person’s disability.These are EVM, postal voting, and Electors with disabilities. EVM is nothing but Electronic Voting Machines which are now used to take benefits of voting on a large scale.

Conclusion:

The Election Commission of India has supervisory and directing responsibility for the whole process of election to the legislatures and legislatures of each and every state with India’s president and vice-president. This helps to conduct elections of Lok Sabha, Rajya sabha, and many more.