ELECTION COMMISSION

Introduction:
• The Election Commission(EC) is a permanent constitutional body
• It consists of 01 – Chief Election Commissioner(CEC); and 02 – Election Commissioners
• The President appoints the CEC. Subject to the law made by the Parliament.
• President may also appoint such Regional Commissioners as he may consider necessary to assist the
Election Commission in its functions, after consultation with the election Commission.
• The condition of service and tenure of the ECs and Regional Commissioners shall be as the
President may by rule determine.
• They have tenure of 06 years or upto 65 years whichever is earlier.
• Removal of CEC is in the same manner and on the same grounds, as the judge of the Supreme Court.
• The conditions of service of the CEC cannot be varied to his disadvantage after his appointment.
• The EC and the RC can be removed by the President, on the recommendations of the CEC and the
other Commissioners
Functions of the CEC:

• Superintendence, direction and control of the preparation of the

electoral rolls for all elections to Parliament and the Legislature of
every State; and to the elections to the office of President and
Vice-President.
• Conduct all the above elections
• Appointment of election Tribunals for the decision of doubts and
disputes arising out of or in connection with the elections to
Parliament and to the legislature.
The entire machinery of election of the Union as well as the State is
placed in the Hands of the Election Commission.
• Election commission is entitled to issue directives to returning officers
and others engaged in the preparation and revision of electoral rolls.
• If any question arises as to whether a member of either House of
Parliament has become subject to any disqualifications mentioned
U/Art. 102, the question is to be referred for the decision of the
President and he has to consult the Election Commission.
• Similar is the case related to disqualification of a member of the State
Legislature of a State, the question is to be referred for the decision of
the Governor who decides after consulting with the Election
Commission.
In Special Reference No. I of 2002, re

• The President referred U/Art. 143, the Important question regarding

the interpretation of Art. 174 and 324 of the Constitution:
• Art. 174 – confers power on the government to dissolve the State
Legislative Assembly. 6 months should not intervene between its last
sitting in one session and the date appointed for its first sitting in the
next session. Therefore election is a must if Assembly dissolves.
• Art. 324 – vests power of superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all election of
President and the legislature of every state.
Questions Referred:

• Whether Art. 174 is subject to the decision of Election Commission

U/Art. 324?
• Whether the Election Commission can declare election schedule which
violates Art. 174?
• Whether the mandate of Art. 174 to hold elections will be fulfilled by
holding elections by Commission U/Art. 324?
Decision:

• The Supreme Court Rejected the contenetion that Art. 174 mandates that not
more than six months shall lapse between two sittings of an elected
Assembly
• It held that Art. 174(I) does not apply to a “dissolved” assembly but is
applicable to live assembly.
• It held that holding of election is the exclusive domain of the EC U/Art. 324
• It held that Art. 174(I) and 324 operate in different fields and none is subject
to the other. It added that on premature dissolution of an assembly, the EC is
required to initiate immediate steps for holding elections for constituting the
assembly on the first occasion and in any case within six months from the
date of premature dissolution of assembly.
• Art. 325: this art. Upholds the secular character of our elections by
providing for one electoral roll. The article clearly lays down that there
shall be no electoral roll on the basis of religion, race, caste or sex.
• Art.326: provides for adult suffrage, i.e. every citizen male or female
who is not less than 18 years of age and is not otherwise disqualified is
entitled to be registered as a voter at such election.
• Art. 327: Parliament may from time to time by law make provisions
with respect to all matters relating to, or in connection with, elections
to either House of the Parliament or to the House or either House of the
Legislature of a State including the preparation of electoral roll, the
delimitation of constituencies and all other matters for securing the due
constitution of such House or Houses. Parliament has eneacted the
Representative of People Act, 1950 and 1951, The Presidential and
Vice-Presidential Elections Act, 1951 and the Delimitation
Commission Act, 1952.
• Art. 328: The legislature of a State may from time tot time by law
make provisions with respect to all matters to, or connection with, the
election to the House or either House of the Legislature of the State
including the preparation of electoral rolls and all other matters
necessary for securing the due constitution of such House or Houses.
• Art. 329: Bar to interference by Courts in electoral matters -
Inter-State Council – Art. 263

• Art. 263 – delas with the provisions with respect to an inter-state

council –
• Objective of Art. 263:
i. To coordinate the state activities;
ii. To promote inter-state cooperation's; and to resolve inter-state
disputes.
• To achieve the above objective, Art. 263 provides for establishment of
Inter-State Council to be constituted by the President.
Duty of Inter-State Council

• Enquire into and advice upon disputes which may arise between
States;
• Investigate and discuss subjects in which some or all of the States of
the Union and one or more of the States have a common interest; and
• Make recommendations on any subject and for the better coordination
of the policy and action with respect to such subject.
In addition Zonal Council have been established States Reorganization
Act, 1956.