Write about the composition, powers and functions of Election Commission of India
The Election Commission
is a permanent and an independent body established by the Constitution of India
directly to ensure free and fair elections in the country. Article 324 of the
Constitution provides that the power of superintendence, direction and control
of elections to Parliament, state legislatures, the office of the president and
the office of vice-president of India shall be vested in the election
commission.
Thus, the Election
Commission is an all-India body in the sense that it is common to both the
central government and the state governments.
It must be noted that
the election commission is not concerned with the elections to panchayat and municipalities
in the states. For this, the Constitution of India provides for a separate
State Election Commission.
Composition:
Article
324 of the constitution has made the following provisions with regard to the
composition of Election commission.
* The Election Commission
shall consist of the chief election commissioner and such number of other
election commissioners, if any, as the president may from time to time fix.
*
The appointment of the chief election commissioner and other
election commissioners shall be made by the president.
*
When any other election commissioner is so appointed, the chief
election commissioner shall act as the chairman of the election commission.
*
The president may also appoint after consultation with the
election commission such regional commissioners as he may consider necessary to
assist the election commission. The conditions of service and tenure of office
of the election commissioners and the regional commissioners shall be
determined by the President.
Powers and
functions:
The powers and functions of the Election
commission with regard to elections to the Parliament, state legislatures and
offices of president and vice-president can be classified, viz,
a) Administrative
b) Advisory
c) Quasi-Judicial
In details,
these powers and functions are:
*
To determine the territorial areas of the electoral
constituencies throughout the country on the basis of the Delimitation
Commission Act of Parliament.
*
To prepare and periodically revise electoral rolls and to
register all eligible voters.
*
To notify the dates and schedules of elections and to scrutinize
nomination papers.
*
To grant recognition to political parties and allot election
symbols to them.
*
To act as a court for settling disputes related to granting of
recognition to political parties and allotment of election symbols to them.
*
To appoint officers for inquiring into disputes relating to
electoral arrangements.
*
To determine the code of conduct to be observed by the parties
and the candidates at the time of elections.
*
To prepare a roster for publicity of the policies of the
political parties on radio and TV in times of elections.
*
To advise the President on matters relating to the
disqualifications of the members of Parliament.
* To advise the governor on matters relating to the
disqualifications of the members of state legislature.
* To cancel polls in the event of rigging, booth capturing,
violence and other irregularities.
*
To request the president or the governor for requisitioning the
staff necessary for conducting elections.
*
To supervise the machinery of elections throughout the country
to ensure free and fair elections.
*
To advise the president whether elections can be held in a state
under president’s rule in order to extend the period of emergency after one
year.
*
To register political parties for the purpose of elections and
grant them the status of national or state parties on the basis of their poll
performance.
