Current Context: The Election Commission of India (ECI) is the constitutional body that conducts elections to Parliament, State legislatures, and the offices of the President and Vice-President. Its authority comes primarily from Article 324 of the Constitution.
Key Points:
- Constitutional status: ECI is established under Article 324. It is a constitutional body, not a department created by an ordinary government order.
- Structure: It consists of a Chief Election Commissioner (CEC) and such number of other Election Commissioners as the President may determine. The CEC chairs the Commission.
- Election responsibility: ECI supervises electoral rolls and conducts elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, President and Vice-President.
- Local-body elections: Elections to panchayats and municipalities are conducted by the respective State Election Commissions, not by ECI. Their constitutional provisions are Articles 243K and 243ZA.
- Main work: ECI announces election schedules, supervises nominations and polling, oversees counting, and declares results under the applicable election laws.
- Model Code of Conduct: During elections, ECI monitors parties and candidates against the Code’s rules on campaigning and official conduct.
- Appointments: Under the 2023 Act, the President appoints the CEC and other Election Commissioners on the recommendation of a Selection Committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
- Term: A CEC or Election Commissioner serves for six years or until age 65, whichever comes first. The 2023 Act does not allow reappointment.
- Removal safeguard: The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge. Another Election Commissioner cannot be removed except on the CEC’s recommendation.
Question
Q1. Which Article of the Constitution provides for the Election Commission of India?
a) Article 280
b) Article 315
c) Article 324
d) Article 356
Answer: c) Article 324 vests the superintendence, direction and control of specified elections in the Election Commission of India.
