The election commission is an independent body that the Constitution of India set up to ensure a free and fair election. The election commission of India is in charge of hosting the Lok Sabha elections. The constitution has vested the election commission to direct, superintendent, and control the elections of the parliament, state legislature, the President, and the Vice President of India’s office.

Constitutional Provisions for Election Commission Of India

 The election commission of India is one body that is common to both the Central government and the state governments. However, the election commission does not deal with the elections of municipalities and panchayats in the different states. For these elections, a separate election commission has been provided by the constitution of India.

The appointment of the Election Commission of India (ECI)

The election commission of India was established in 1950, and till 1989, it was a one-member body that consisted of only the Chief Election Commissioner (CEC).

1. The voting age was made 18 years from 21 years, on 16 October 1989. Thus, two new election commissioners were brought in by the President of India to help with ever-increasing pressure on the election commission. Since then, the election commission has consisted of three election commissioners.

2. Later in 1990, the two posts were eliminated. However, the action was repeated in 1993 when the President appointed back the two election commissioners.

3. The three election commissioners execute the same power and emoluments and salaries as the Supreme Court judge. In case of a difference of time between and among the election commissioner, the decision is reached by the commission through a majority vote.

4. The Election Officer can hold his office for 6 years or until they attain the age of 65 years, whichever comes first. However, they can also design or be removed any time before their expiry.

The Election Commission’s Powers

The Election Commission of India is a permanent constitutional body. 

1. The constitution has given the election commission the power to direct and control the entire conduct of elections in the country.

2. The commission looks after the elections to the offices of the President and the Vice-President, state legislators, and the parliament. It can be divided into three categories – Administrative, advisory, and quasi-judicial.

3. The election commission advises the President on whether elections should be held in a state currently undergoing the President’s rule.

The powers vested on the election commission include, but are not limited to, the following –

1. To choose the territorial areas of the electoral constituency throughout the country, based on the Delimitation Commission Act of the Parliament.

2. To prepare and revise the electoral rolls and register all eligible voters.

3. To decide the schedule and date for the election and scrutinize the nomination papers.

4. To recognize the different political parties and allocate their election symbols to them.

5. The election commission acts as a court to end all the disputes that concern the granting of recognition to political parties and assigns them election symbols.

6. Appoint officials to look into disputes that may concern electoral arrangements.

7. Create a program that shall publicize the policies regarding all political parties on different media platforms, such as the TV and radio, during the elections.

8. Advise the President on matters that may concern the disqualification of MPs, and advise the Governor on issues that may involve the disqualification of MLAs.

9. The election commission can cancel polls in cases such as booth capturing, rigging, violence, etc.

The Election Commission’s Functions

The functions of the election commission include, but are not limited to, the following –

1. The commission looks after the elections to the offices of the President and the Vice-President, state legislators, and the parliament.

2. Scheduling the election timings to hold periodic and timely elections for general and by-elections.

3. Deciding the spot of the polling stations, assigning voters to their polling stations, a spot for counting centers, and making arrangements in the polling stations and counting centers and other related matters.

4. To issue the Electronic Photo Identity Card (EPIC) and create the electoral roll.

Composition of the Election Commission

Article 324 of the Indian constitution has made some provisions regarding the composition of the election commission. It includes the following –

1. The President of India is in charge of appointingthe Chief Election Commissioner and the other election commissioners

2. If any other EC is appointed, the CEC serves the role of the election commission’s Chairman

3. The President can appoint regional commissioners to assist the commission as well, such as a commissioner can be appointed chiefly to look after the Karnataka election commission

4. The President decides the tenure of the office and conditions of service of all the election commissioners

Conclusion

The election commission of India is in charge of handling almost every duty that will ensure a free and fair election in the country. Today, the election commission has become the backbone of true democracy. It looks after the elections to the offices of the President and the Vice-President, state legislators, and the parliament.