Chief Election Commissioner

Why in News: the current Election Commissioner, Rajiv Kumar will take over as the next Chief Election Commissioner (CEC)

Election Commission

• Part XV of the Indian constitution deals with elections, and establishes a commission for these matters.
• The Election Commission was established in accordance with the Constitution on 25th January 1950.
• Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member

Structure of the Commission

• Election Commissioner Amendment Act 1989, it has been made a multi-member body
• The commission consists of one Chief Election Commissioner and two Election Commissioners.
• The President appoints Chief Election Commissioner and Election Commissioners.

Tenure

• 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 available to Judges of the Supreme Court of India.

Removal

• The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament.
• They can resign anytime or can also be removed before the expiry of their term.

Functions

• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country
• To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament
• To prepare and periodically revise electoral rolls and to register all eligible voters
• To grant recognition to political parties and allot election symbols to them
• 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
• the Commission has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures
• 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

Limitations:

• The Constitution has not prescribed the qualifications of the members of the Election Commission.
• The Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any further appointment by the government.

Previous Year Questions (PYQs)

Q.1) With reference to the Union Government, consider the following statements: (2021)

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and by-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

Select the correct code:

1. 1 and 2 only
2. 2 only
3. 2 and 3 only
4. 3 only

Source: Indian Express