Why in News?
A recent decision of the ECI to stop the Government of Kerala from continuing to supply kits containing rice, pulses, cooking oil, etc is a case in point.
Syllabus– GS 2: Constitutional Bodies
- The Congress in Kerala had approached the Election Commission asking the poll body to stop the distribution of welfare pensions in the state until the elections are done.
- Kerala Chief Minister Pinarayi Vijayan lashed out at the Congress in Kerala after the Election Commission in the state responded to the opposition party’s complaint and ordered that the distribution of the food kits, which was started during the pandemic, be stopped.
About Election Commission of India: –
- The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India at national, state and district level.
- The body administers elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies, state legislative Councils, and the offices of the President and Vice President of the country.
- The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act.
- The commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election.
- Being a constitutional authority, Election Commission is amongst the few institutions which function with both autonomy and freedom, along with the country higher judiciary, the Union Public Service Commission and the Comptroller and Auditor General of India.
- At the state level, Election Commission is assisted by the Chief Electoral Officer of the State, who is an IAS officer of Principal Secretary rank.
- At the district and constituency levels, the District Magistrates (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work.
- Part XV of the Constitution entitled as Elections constitutes a code in itself, providing the groundwork for the enactment of appropriate laws and the setting up of suitable machinery for the conduct of elections.
Constitutional Obligation: –
Election Commission (Article 324)
- Article 324 provided for the appointment of an Election Commission to superintend, direct and control the elections.
- The Commission is an all-India body having jurisdiction over elections to Parliament, State Legislatures, offices of the President and Vice-President.
- The constitution of one central body, the Election Commission, having control over the entire election process in the country, is done to prevent injustice, which could be done by regional, State Governments, discriminating against any section of the people in the matters relating to elections.
- The Commission is constituted as an autonomous and independent body, with a view, to ensure the conduct of free and fair elections, which feature is held to be a basic structure of the Constitution.
- It has been said to be the most important arbitrator on holding of the elections.
Supreme Court Verdicts on Election Commission
- In T.N. Seshan v. Union of India,{10} the Supreme Court unanimously upheld the constitutionality of the Act equating the status, powers and authority of the two Election Commissioners with that of the CEO.
- The Court held that the CEC did not enjoy a status superior to other Election Commissioners even though there were differences between the service conditions of the CEO and other CEs.
- The scheme of Article 324, it was held clearly provided for a multi-member body comprising of the CEO and other Ecs.
Independence of Election Commission
- The Constitution envisages the setting up of an independent, autonomous Election Commission.
- To secure independence of action, Article 324 contains the following provisions:
- That the CEC shall not be removed from his office except in the like manner and on the like grounds as a Judge of the Supreme Court.
- That the conditions of service of the CEC shall not be varied to his disadvantage after his appointment.
- The CEO is, therefore, protected against political and executive influence and for that reason, he can discharge his functions without fear, favour or pressure from the executive or the party in power.
- Even the tenure of office of other Election Commissioners and the Regional Commissioners is also free of the executive control in so far, none of them can be removed from office except on the recommendation of the CEC.
- This check on the executive power is to safeguard the independence of not only these functionaries but the Election Commission as a body.
Functions of the Election Commission
- The Election Commission performs the following functions:
- The superintendence, direction and control of the preparation of electoral rolls for all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President.
- The conduct of all the elections mentioned.
- To advise the President or the Governor of a State, as the case may be, on the question of disqualification of any Member of Parliament or a member of a State Legislature, respectively.
- Article 324 has been held to be plenary in character, vesting the whole responsibility in the Election Commission for national and State elections.
- The power conferred on the Commission under Article 324 (1) is subjected to two limitations, namely:
- When Parliament or any State Legislature has made a valid law relating to or in connection with elections, the Commission shall act in conformity with such law.
- The Commission while exercising power shall conform to the rule of law, act bone fide and be amenable to the norms of natural justice.