Why in News?

Recently, a petition was filed in the Supreme Court seeking the constitution of an independent collegium to appoint members of the ECI.

About the Election Commission of India

• The ECI is an autonomousconstitutional authority responsible to administer Union and State election processes in India.
• The body administers elections to:
  • Lok Sabha,
  • Rajya Sabha,
  • State Legislative Assemblies in states of India,
  • Offices of the President and Vice President in the country.
• Elections to panchayats and municipalities in the states are conducted by another constitutional body i.e., State Election Commission. Hence such elections are not responsibility of SEC.

Composition of ECI:

• Initially,ECI had only one election commissioner but post the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
• The ECI consists of the Chief Election Commissioner (CEC) and such number of other election commissioners, as the President may from time to time fix.
• Presently, ECI consists of the CEC and two other Election Commissioners.
• At the state level, Chief Electoral Officer assists ECI. (Not to be confused with State Election Commissioners who conduct panchayat and municipal elections)

Appointment& Tenure of Commissioners:

• The President appoints the CEC and other 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 given to theJudges of the Supreme Court (SC) of India.

Removal:

• They can resign anytime by writing to the President of India or can also be removed before the expiry of their term.
• As per Constitution, the CEC can only be removed from office only through a process of removal similar to that of a SC judge by the Parliament.

Procedure of Removal

• He may be removed from office through a motion adopted by Parliament on grounds of proved misbehaviour or incapacity.
• Removal requires a special majority of 2/3rd members present and voting with support by more than 50% of the total strength of the house.

NOTE:

• The Constitution has not prescribed any qualifications for the members of the Election Commission.
• It also has not specified the term of the members of the Election Commission.

The Constitution has also not debarred the retiring election commissioners from any further appointment by the government.