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Election Commission of India

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Election Commission of India

The Election Commission of India (ECI) is a constitutional body that is empowered to conduct free and fair elections in India. Established by the Constitution of India, it is headed by a chief election commissioner and consists of two other election commissioners as constituent members. The commission is headquartered in New Delhi.

The election commissioners are appointed by the President of India on the recommendation of a selection committee headed by the prime minister. The term of the chief election commissioner (CEC) can be a maximum of six years provided they do not attain the age of sixty-five years before the expiry of the term. CEC can only be removed by impeachment in the parliament, while election commissioners can be removed by the president on the recommendation of the CEC.

The election commission decides the dates for the filing of nominations, voting, counting and announcement of results for all the elections. At the states and union territories, the elections are supervised by a chief electoral officer, under the direction of the Election Commission. At the district and constituency levels, election related work is carried out by the district election officers, electoral registration officers and returning officers. The commission carries out the registration and recognition of political parties in the country. It prepares electoral rolls, and issues identification for eligible voters. It is also responsible for scrutinizing candidates, allotting ballot symbols, issuing a model code of conduct to be followed by the political parties and candidates, and monitoring election spends.

In 1950, the Election Commission of India was established as a single member body. As per The Election Commissioner Amendment Act, 1989, the commission was made a multi-member body headed by a chief election commissioner and two other election commissioners, who were appointed to the commission for the first time on 16 October 1989. On 1 January 1990, it reverted back to a single member body after the post of election commissioner was abolished, before being restored to the three member structure on 1 October 1993. The commission is headed by the chief election commissioner and consists of two other election commissioners. The chief election commissioner does not have overruling powers and any decision is taken by the opinion of the majority among the three. The commission is assisted by directors generals, principal secretaries, and other officers. The commission is headquartered at Nirvachan Sadan in New Delhi.

At the states and union territories, the elections are supervised by a chief electoral officer appointed by the Election Commission. At the district and constituency levels, election related work is carried out by the district election officers, electoral registration officers and returning officers.

The appointment and term of the election commissioner is prescribed in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. As per the Section 7 of the act, an election commissioner is appointed by the president of India on the recommendation of a selection committee headed by the prime minister of India and consisting of the leader of the opposition in Lok Sabha and a member of the Union Council of Ministers to be nominated by the Prime Minister. They were earlier appointed by the president on the recommendation of the prime minister. In March 2023, the Supreme Court of India ruled that the appointments shall be made by a committee consisting of the prime minister, leader of opposition and the chief justice of India and the process would be in place until a new law is enacted with regards to the same. The new law enacted in 2023, replaced the chief justice with a member appointed by the prime minister in the selection committee, thus giving the ruling government a dominant role in the appointment of election commissioners.

The term of the CEC can be a maximum of six years from the date on which they assume their office. However, the CEC retires from office if they attain the age of sixty-five years before the expiry of the term. While the CEC can only be removed by office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha to be present and voting for the same, election commissioners can be removed by the President on the recommendation of the CEC.

The Election Commission of India is a body constitutionally empowered to conduct free and fair elections to the national, the State Legislative Assemblies, State Legislative Councils and the offices of the president and vice-president. The Election Commission operates under the powers granted by Article 324 of the Constitution and subsequently enacted Representation of the People Act. The State Election Commissions are independent constitutional bodies vested with the responsibility of conducting elections to the local bodies in their respective at the states and union territories. The election commission decides the dates for the filing of nominations, voting, counting and announcement of results.

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