STATE ELECTION COMMISSIONERS

The Supreme Court held that independent persons and not bureaucrats should be appointed State Election Commissioners.

Important points:

It said that giving government employees the additional charge of State Election Commissioners is a “mockery of the Constitution”.
The top court directed that the States should appoint independent persons as Election Commissioners all along the length and breadth of the country.
The judgment criticised the Goa government for giving its Law Secretary the additional charge of State Election Commissioner.

Article 243K

Article 243K deals with the Elections to the Panchayats.
It states that The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission.
It shall consist of a State Election Commissioner to be appointed by the Governor.
Subject to the provisions of any law made by the State Legislature, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine. However,
The State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court.
The conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

Election Commission of India

What is ECI?
The Election Commission of India 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.

Background

Part XV of the Indian constitution deals with elections, and establishes a commission for these matters.
The Election Commission was established in accordance with the Constitution on 25th January 1950.
Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member.

Structure of the Commission

Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
The commission consists of one Chief Election Commissioner and two Election Commissioners.
The secretariat of the commission is located in New Delhi.
At the state level election commission is helped by Chief Electoral Officer who is an IAS rank Officer.
The President appoints Chief Election Commissioner and Election Commissioners.
They have a fixed 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 a process of removal similar to that of a Supreme Court judge for by Parliament.

Procedure of Removal

Judges of High Courts and Supreme Court, CEC, Comptroller and Auditor General (CAG) may be Removed from office through a motion adopted by Parliament on grounds of ‘Proven misbehaviour or incapacity’.
Removal requires special majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
The Constitution does not use the word ‘impeachment’, for the removal of the judges, CAG, CEC.
The term ‘Impeachment’ is only used for removing the President which requires the special majority of 2/3rd members of the total strength of both the houses which is not used elsewhere.

Functions

Election Commission of India superintendents, direct and control the entire process of conducting elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.
The most important function of the commission is to decide the election schedules for the conduct of periodic and timely elections, whether general or bye-elections.
It prepares electoral roll, issues Electronic Photo Identity Card (EPIC).
It decides on the location polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters.
It grants recognition to political parties & allot election symbols to them along with settling disputes related to it.
The Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures.
It issues the Model Code of Conduct in election for political parties and candidates so that the no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power.
It sets limits of campaign expenditure per candidate to all the political parties, and also monitors the same.

Importance of ECI for India

The ECI has been successfully conducting national as well as state elections since 1952. In recent years, however, the Commission has started to play the more active role to ensure greater participation of people.
The Commission had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
It upholds the values enshrined in the Constitution viz, equality, equity, impartiality, independence; and rule of law in superintendence, direction, and control over the electoral governance.
It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.
It ensures participation of all eligible citizens in the electoral process in an inclusive voter-centric and voter-friendly environment.
It engages with political parties and all stakeholders in the interest of the electoral process.
It creates awareness about the electoral process and electoral governance amongst stakeholders namely, voters, political parties, election functionaries, candidates and people at large; and to enhance and strengthen confidence and trust in the electoral system of this country.

SOURCE: THE HINDU,MINT

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