Tag: ELECTION COMMISSION OF INDIA (ECI)

About ECI Autonomous constitutional authority responsible for administering Union and State election processes in India. Established on 25th January 1950 (celebrated as National Voters' Day). Conducts elections for: Lok Sabha, Rajya Sabha, State Legislative Assemblies. President and Vice President of India. Not responsible for panchayat and municipal elections, which are managed by State Election Commissions. Constitutional Provisions Part XV (Articles 324-329) deals with elections and establishes the ECI. Article 324: Grants the ECI power to supervise, direct, and control elections in India. Structure of ECI Initially a single-member body (CEC only). Election Commissioner Amendment Act, 1989 made it a multi-member body. Current structure: Chief Election Commissioner (CEC). Two Election Commissioners (ECs). At the state level, the ECI is assisted by the Chief Electoral Officer. Appointment & Tenure of Commissioners Appointed by the President as per the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023. Tenure: Six years or until the age of 65, whichever is earlier. Salary & service conditions: Equivalent to Supreme Court judges. Removal Process CEC: Can be removed only through a process similar to the removal of a Supreme Court judge, requiring Parliamentary approval. ECs: Can be removed only on the recommendation of the CEC. Resignation: Any Commissioner can resign at any time. Significance of ECI Ensures free, fair, and transparent elections in India. Upholds democratic principles and maintains electoral integrity. Plays a crucial role in strengthening democracy by conducting elections independently and impartially. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 The Act introduces a new mechanism to broaden the selection process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), ensuring greater transparency and independence. Background of the New Law Article 324 of the Constitution states that the CEC and ECs are appointed by the President, subject to a Parliamentary law (if enacted). Until now, no such law was enacted, and appointments were made as per the Prime Minister’s recommendations to the President. In 2023, the Supreme Court (SC) in Anoop Baranwal v. Union of India ruled that the appointment process must be reformed to ensure the independence of the Election Commission. SC-formed committee (until Parliament enacts a law): Prime Minister Leader of Opposition in Lok Sabha Chief Justice of India (CJI) The new law aligns with the SC directive and formalizes the selection process for CEC and ECs. New Appointment Process Under the Act Eligibility Criteria As per Section 5, only individuals who are current or former Secretary-level officers in government are eligible. Departure from Tradition Earlier, the senior-most Election Commissioner was appointed as the CEC. The Act allows selection from outside the Election Commission, increasing the candidate pool. Formation of the Search Committee Section 6 mandates a Search Committee, chaired by the Minister of Law and Justice, with two senior officials. The committee prepares a panel of five names and submits them to the Selection Committee. Selection Committee Composition The Selection Committee includes: Prime Minister (Chairperson) A Cabinet Minister (nominated by the PM) Leader of Opposition in Lok Sabha The Selection Committee can either: Choose a candidate from the panel OR Nominate an external candidate outside the panel. Significance of the Act Formalizes the appointment process, reducing executive influence. Expands the candidate pool, making appointments more competitive and merit-based. Aligns with SC recommendations, ensuring greater transparency and independence. Strengthens the institutional integrity of the Election Commission of India (ECI). This Act is a landmark step toward enhancing the autonomy and fairness of India’s electoral process.

Tag: ELECTION COMMISSION OF INDIA (ECI)

ELECTION COMMISSION OF INDIA (ECI)

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