Election commission - power and functions

Election commission with its powers and functions

Introduction 

The election commission is a permanent and independent body established by the constitution of India to ensure free and fare elections in the country. Article 324 of the constitution provides the power of the superintendance, direction and control of election to parliament, state legislature and office of President of India and the office of vice-president of India shall beat in the election commission. It was established in 1950.

Composition

Article 324 of the constitution has made the following provisions with regard to the composition of election commission

1..

     The election commission shall consist of chief election commissioner and such number of other election commissioners as the president thinks fit.

2..

     The appointment of the chief election commissioner and other election commissioner shall we made by the president.

3.. 

     When any other election commissioner is so appointed the chief election commissioner shall act as the chairman of the election commission.

4.. 

     The president may also appoint after consultation with election commission such regional commissioners as he may considere necessary to assist the election commission .

5..

     The condition of service and tenure of office of the election commissioners and the regional commissioner shall be determined by the president 

Power and salary

The chief election commissioner and the two other election commissioners have equal power and receive equal salary allowances and other prequisites which are similar to those of the judge of supreme court.

Term of service

The election commissioners hold office for a term of 6 years or until they attend the age of 65 years which ever is earlier. They can resign at any time or can also be removed before the expiry of their term ..

Independence of election commission 

Article 324 of the constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the election commission :

1..

     The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the supreme court , that is proved misbehaviour or incapacity.

2..

     The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.

3..

    Any other election commissioner or regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner .

Power and functions of Election commission 

Election commission mainly place three type of functions they are  Administrative, advisory and Quasi judicial.

In detail this powers and functions are :

Administrative functions 

The administrative powers of the election commission are as follows-

1.. To determine the territorial areas of the election constituencies throughout the country.

2.. to register all eligible voters.

3..To notify the dates and schedules of elections and to scrutinise nomination papers.

4.. To grant recognition of political parties and allot election symbols to them.

5.. To determine the code of contact to be observed by the parties and the candidates the time of elections.

6.. To prepare a roster for publicity of policies of the political parties on radio and TV in times of elections.

7.. To cancel poles in the event of rigging booth capturing violence and other irregularities.

8.. To supervise the machinery of elections throughout the country to ensure free and fair elections.

9.. To register political parties for the purpose of elections and grand them the status of national or state parties on the basis of their poll performance.

Advisory functions 

Advisory functions of the election commission are as follows:

1.. To advise the president on matters relating g to the disqualification of the members of parliament.

2.. To advise the governor on matter relating to the disqualification of the members of state legislature

3.. To request the president or the governor for requisitioning of the staff necessary for conducting elections.

4.. To advise the president weather elections can be held in a state under presidents rule in order to extent the period of emergency after 1 year .

Quasi-Judicial functions .

The election commission as a quasi judicial body play some function which are discussed below

1.. It act as a court for settling disputes relating to granting of recognition to political parties and allotment of election symbols to them.

2.. It can appoint officials for enquiry into disputes relating to electoral arrangements.

Important cases related to election commission 

 Case : Brundaben  Nayak  V/S.  Election commission of India and others 1965 a i r 1892 1965 SCR (3) 53

           If any question gets raised whether any sitting member of the Parliament or of the State legislature has become a subject to disqualification for continuing as a member under the Constitution of India (on grounds other than that of the ground of defection) or any law. Such a matter is decided by the President of India in cases which involve the members of the Parliament and in cases which involve the member of the State Legislature then the governor of that state has to decide on such a matter. And he is bound by the opinion of the Election commission in these matters as established in this case.

Hence, in this case, it was held that the President of India and the governors of States are bound by the opinion of the Election Commission of India in such matters and they are not required to even consult the council of ministers in this regard. 

 

Case : AC Jose v Sivan Pillai and Ors

In this case the Supreme Court held that , when there is no parliamentary legislation or rule made under the said legislation, the Commission is free to pass any order in respect of the conduct of elections, but where there is an Act and express rules made there under, it is not open to the Commission to override the Act or the rules, and pass orders in direct disobedience to the mandate contained in the Act or rules.

Drawbacks of Election Commission of india 

Though various powers and functions are given to Election commission to conduct a free and fair election in the country but there are some drawbacks in the Indian election , they are as follows- 

1.. Influence of money 

2.. Voters are influenced by offer of money. 

3..Political parties spend large amount of money for election campaign. 

4.. Election related violence 

5.. Violence on the polling day. 

6.. Bogus voting and booth capturing. Influence of caste and religion 

7.. Caste and religious considerations influence selection of candidates. 

8.. Lack of representation of women 

9.. Women do not get due consideration during the selection of candidates. 

10. Poor representation of women in the parliament and legislative assemblies. 

Ways to rectify drawbacks 

1.. A law should be made to regulate the internal affairs of political parties. 

2.. It should be made mandatory for political parties to give a minimum of one-third of the party tickets to women candidates. 

3.. There should be state funding of elections. 

4.Public participation should be increased. 

5.Vote casting should be made compulsory in each election.

Conclusion 

The election commission of India has contributed significantly to make India a democratic nation. The people with the help of this body elects the member who on behalf of the people are ruling the country. This body has created great independence in the procedure of election.