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 17-Apr-2025

Election Commission of India

Indian Polity

About the Election Commission of India (ECI)  

  • The Election Commission of India (ECI) is an autonomous constitutional authority responsible for conducting Union and State elections in India.  
  • Established on January 25, 1950, under the Constitution of India, this date is now observed as National Voters' Day.  
  • The ECI oversees elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President.  
  • Elections for panchayats and municipalities are managed separately by the State Election Commission as per constitutional provisions.  

Constitutional Provisions Related to ECI  

  • Part XV (Articles 324-329) of the Indian Constitution deals with elections and the establishment of the Election Commission.  
  • Article 324: Grants ECI the power to supervise, direct, and control elections in India.  
  • Article 325: Prohibits exclusion from electoral rolls based on religion, race, caste, or sex.  
  • Article 326: Ensures elections are based on adult suffrage (universal voting rights for adults).  
  • Article 327: Grants Parliament the power to regulate elections to legislatures.  
  • Article 328: Empowers State Legislatures to make provisions for state-level elections.  
  • Article 329: Bars courts from interfering in electoral matters.  

Structure of the Election Commission  

  • Initially, ECI was a single-member body, but after the Election Commissioner Amendment Act, 1989, it became a multi-member body.  
  • The commission consists of:   
    • Chief Election Commissioner (CEC)  
    • Two Election Commissioners (ECs) (appointed as per requirement)  
  • The Chief Electoral Officer (CEO) assists at the state level.  

Appointment & Tenure of Commissioners  

  • The President of India appoints the CEC and ECs based on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.  
  • They hold office for six years or until the age of 65, whichever is earlier.  
  • Their salary and service conditions are equivalent to that of a Supreme Court judge.  

Removal Process  

  • Chief Election Commissioner (CEC) can only be removed through a process similar to the removal of a Supreme Court judge, requiring Parliamentary approval.  
  • Election Commissioners (ECs) can be removed only on the recommendation of the CEC.  

Limitations of the ECI  

  • The Constitution does not specify qualifications (legal, educational, administrative, or judicial) for Election Commission members.  
  • It does not define a fixed tenure for ECI members.  
  • Retiring election commissioners are not barred from future government appointments.