Constitutional Body
India is a Socialist, Secular, Democratic Republic and the
largest democracy in the World. The modern Indian nation state came into
existence on 15th of August 1947. Since then free and fair elections have been
held at regular intervals as per the principles enshrined in the Constitution,
Electoral Laws and System.
The Constitution of India has vested in the Election Commission
of India the superintendence, direction and control of the entire process for
conduct of elections to Parliament and Legislature of every State and to the
offices of President and Vice-President of India.
Election Commission of India is a permanent Constitutional Body.
The Election Commission was established in accordance with the Constitution on
25th January 1950. The Commission celebrated its Golden Jubilee in 2001. For
details, please click here
Originally the commission had only a Chief Election
Commissioner. It currently consists of Chief Election Commissioner and two
Election Commissioners.
For the first time two additional Commissioners were appointed
on 16th October 1989 but they had a very short tenure till 1st January 1990.
Later, on 1st October 1993 two additional Election Commissioners were
appointed. The concept of multi-member Commission has been in operation since
then, with decision making power by majority vote.
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.
The Commission transacts its business by holding regular
meetings and also by circulation of papers. All Election Commissioners have
equal say in the decision making of the Commission. The Commission, from time
to time, delegates some of its executive functions to its officers in its
Secretariat.
The Commission has a separate Secretariat at New Delhi,
consisting of about 300 officials, in a hierarchical set up.
Two or three Deputy Election Commissioners and Director Generals
who are the senior most officers in the Secretariat assist the Commission. They
are generally appointed from the national civil service of the country and are
selected and appointed by the Commission with tenure. Directors, Principal
Secretaries, and Secretaries, Under Secretaries and Deputy Directors support
the Deputy Election Commissioners and Director Generals in turn. There is
functional and territorial distribution of work in the Commission. The work is
organised in Divisions, Branches and sections; each of the last mentioned units
is in charge of a Section Officer. The main functional divisions are Planning,
Judicial, Administration, Systematic Voters’ Education and Electoral
Participation, SVEEP, Information Systems, Media and Secretariat Co-ordination.
The territorial work is distributed among separate units responsible for
different Zones into which the 35 constituent States and Union Territories of
the country are grouped for convenience of management.
At the state level, the election work is supervised, subject to
overall superintendence, direction and control of the Commission, by the Chief
Electoral Officer of the State, who is appointed by the Commission from amongst
senior civil servants proposed by the concerned state government. He is, in
most of the States, a full time officer and has a small team of supporting
staff.
At the district and constituency levels, the District Election
Officers, Electoral Registration Officers and Returning Officers, who are
assisted by a large number of junior functionaries, perform election work. They
all perform their functions relating to elections in addition to their other
responsibilities. During election time, however, they are available to the
Commission, more or less, on a full time basis.
The gigantic task force for conducting a countrywide general
election consists of nearly five million polling personnel and civil police
forces. This huge election machinery is deemed to be on deputation to the
Election Commission and is subject to its control, superintendence and
discipline during the election period, extending over a period of one and half
to two months.
The Secretariat of the Commission has an independent budget,
which is finalised directly in consultation between the Commission and the
Finance Ministry of the Union Government. The latter generally accepts the
recommendations of the Commission for its budgets. The major expenditure on
actual conduct of elections is, however, reflected in the budgets of the
concerned constituent units of the Union - States and Union Territories. If
elections are being held only for the Parliament, the expenditure is borne
entirely by the Union Government while for the elections being held only for
the State Legislature, the expenditure is borne entirely by the concerned
State. In case of simultaneous elections to the Parliament and State
Legislature, the expenditure is shared equally between the Union and the State
Governments. For Capital equipment, expenditure related to preparation for
electoral rolls and the scheme for Electors' Identity Cards too, the
expenditure is shared equally.
In the performance of its functions, Election Commission is
insulated from executive interference. It is the Commission which decides the
election schedules for the conduct of elections, whether general elections or
bye-elections. Again, it is the Commission which 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.
Political parties are registered with the Election Commission
under the law. The Commission ensures inner party democracy in their
functioning by insisting upon them to hold their organizational elections at
periodic intervals. Political Parties so registered with it are granted
recognition at the State and National levels by the Election Commission on the
basis of their poll performance at general elections according to criteria
prescribed by it. The Commission, as a part of its quasi-judicial jurisdiction,
also settles disputes between the splinter groups of such recognised parties.
Election Commission ensures a level playing field for the
political parties in election fray, through strict observance by them of a
Model Code of Conduct evolved with the consensus of political parties.
The Commission holds periodical consultations with the political
parties on matters connected with the conduct of elections; compliance of Model
Code of Conduct and new measures proposed to be introduced by the Commission on
election related matters.
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.
The Commission has the power to disqualify a candidate who has
failed to lodge an account of his election expenses within the time and in the
manner prescribed by law. The Commission has also the power for removing or
reducing the period of such disqualification as also other disqualification
under the law.
The decisions of the Commission can be challenged
in the High Court and the Supreme Court of the India by appropriate petitions.
By long standing convention and several judicial pronouncements, once the
actual process of elections has started, the judiciary does not intervene in the
actual conduct of the polls. Once the polls are completed and 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.
The Commission has a comprehensive policy for the media. It
holds regular briefings for the mass media-print and electronic, on a regular
basis, at close intervals during the election period and on specific occasions
as necessary on other occasions. The representatives of the media are also
provided facilities to report on actual conduct of poll and counting. They are
allowed entry into polling stations and counting centres on the basis of
authority letters issued by the Commission. They include members of both
international and national media. The Commission also publishes statistical
reports and other documents which are available in the public domain. The
library of the Commission is available for research and study to members of the
academic fraternity; media representatives and anybody else interested.
The Commission has, in co-operation with the state owned media -
Doordarshan and All India Radio, taken up a major campaign for awareness of
voters. The Prasar Bharti Corporation which manages the national Radio and
Television networks, has brought out several innovative and effective short
clips for this purpose.
Voters’ Participation in the democratic and electoral processes
is integral to the successful running of any democracy and the very basis of
wholesome democratic elections. Recognising this, Election Commission of India,
in 2009, formally adopted Voter Education and Electoral participation as an
integral part of its election management.
India is a founding member of the International Institute for
Democracy and Electoral Assistance (IDEA), Stockholm, Sweden. In the recent
past, the Commission has expanded international contacts by way of sharing of
experience and expertise in the areas of Electoral Management and
Administration, Electoral Laws and Reforms. Election Officials from the
national electoral bodies and other delegates from the several countries -
Russia, Sri Lanka, Nepal, Indonesia, South Africa, Bangladesh, Thailand,
Nigeria, Namibia, Bhutan, Australia, the United States and Afghanistan etc.
have visited the Commission for a better understanding of the Indian Electoral
Process. The Commission has also provided experts and observers for elections
to other countries in co-operation with the United Nations and the Commonwealth
Secretariat.
The Commission has taken several new initiatives in the recent
past. Notable among these are, a scheme for use of State owned Electronic Media
for broadcast/telecast by Political parties, checking criminalisation of
politics, computerisation of electoral rolls, providing electors with Identity
Cards, simplifying the procedure for maintenance of accounts and filling of the
same by candidates and a variety of measures for strict compliance of Model
Code of Conduct, for providing a level playing field to contestants during the
elections.
No comments:
Post a Comment
Thank you for your comments