Write a note on the Election Commission

Question: Write a note on the Election Commission. [BJS 1978]

Find the answer to the mains question only on Legal Bites. [Write a note on the Election Commission.

Answer

The Election Commission was established in accordance with the Constitution on 25th January 1950. Article 324-329 of the constitution deals with powers, function, tenure, eligibility, etc of the election commission and its member.

Election Commission is an autonomous constitutional authority responsible for administering Union and State election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country. Part XV of the Indian constitution deals with elections and establishes a commission for these matters.

Composition and Tenure

Originally the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners. The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

Advisory Jurisdiction

Under the Constitution, the Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures. Further, the cases of persons found guilty of corrupt practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.

Judicial Review

The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions. The judiciary does not intervene in the actual conduct of the polls. Once the polls are completed and the result declared, the Commission cannot review any result on its own. This can only be reviewed through the process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of elections for the offices of the President and Vice President, such petitions can only be filed before the Supreme Court.

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