THE ELECTION COMMISSION OF INDIA.
ARTICLE 324 provides that the power of SUPERINTENDENCE,DIRECTION and CONTROL of elections to the HOUSE OF PEOPLE,the COUNCIL OF STATES,STATE LEGISLATURES,PRESIDENT and VICE PRESIDENT of INDIA are vested in it.The GENERAL ELECTIONS of 2004 were fully electronic.That is full fledged use of ELECTRONIC VOTING MACHINE.
COMPOSITION OF ELECTION-ARTICLE 324.
According to Article 324,there shall be an election commission headed by a CHIEF ELECTION COMMISSIONER and assisted by such a number of other ELECTION COMMISSIONERS.Chief Election Commissioner acts as a Chairman when other Election Commissioners are appointed.
The President of India shall appoint the Chief Election Commissioner and other Election Commissioners.In consultation with the election commission the President may appoint Regional Commissioners for its assistance.The Chief Election Commissioner does not hold his office under the pleasure of the President .Though he is appointed by the President of India.
TERM-The term of Election Commissioners is of 6 years or 65 years which ever is earlier.
NAMES OF FORMER ELECTION COMMISSIONERS AND THEIR TERM.
|Smt.V.S.RAMA DEVI||NOVEMBER 1990-DECEMBER 1990|
|H.S.BRAHMA||JANUARY 2015-APRIL 2015|
|O.P.RAWAT||JANUARY 2018-DECEMBER 2018|
REMOVAL and RESIGNATION-ARTICLE 324(5).
The Article 324(5) provides that the Chief Election Commissioner shall not be removed except on the grounds of proved misbehavior and incapacity and in manner like the Judge Of The Supreme Court Of India.The other Election Commissioners can only be remove on the recommendation of the Chief Election Commissioner.
61st AMENDMENT 1989-Till 1989 the Election Commission of India was a Single Member Body.Two more members were added to the Commission and the VOTING AGE was reduced to 18 years from 21 years.
CONDITIONS OF SERVICE OF ELECTION COMMISSIONERS AND TRANSACTION OF BUSINESS ACT 1991.(CONDITIONS OF SERVICE ACT,1991).
CONDITIONS OF SERVICE ACT,1991 for the Chief Election Commissioner and other Election Commissioners was amended and provides that the Chief Election Commissioner and other Election Commissioners will have equal powers and same salary,perquisites as payable to the judge of the Supreme Court of India.In case of difference in opinion among the Chief Election Commissioner and other Election Commissioners.The matter will be decided by Commission by Voting.
POWERS AND FUNCTIONS-The powers and functions of the election commission are ADMINISTRATIVE,ADVISORY and QUASI-JUDICIAL.
1-Determines electoral constituencies on the basis of Delimitation Commission Act of 1952 and amended in 1962,1972 and 2002.
2-Prepare and periodically revise the electoral rolls and register new voters.
3-Declare dates and schedules of elections and scrutinizes the nominations filed by candidates and can cancel the polls in case of booth capturing,violence and others.
4-Supervise the machinery of the elections.
5-Prepares a roaster for publicity of policies of political parties.
6-Requests the President and the Governor for the required staff.
7-Appoints an officer for inquiring into any disputes in elections.
8-Determines the Code Of Conduct for political parties and the candidates.
9-Advice the President or the Governor on the matter of Disqualification of the member of parliament or member of legislative assembly.
10-Advice the President whether the conditions are suitable for the elections to held in a State that is under President’s Rule.After the period of emergency of one year.
11-Register political parties for election and grant them the status of National or State parties on the basis of performance in the elections.It may also act as court for settling the disputes in the matters of allotment of election symbol and in the matters of their status as National or State political parties or party.
12-Election Commission of India is not responsible for the elections of PANCHAYATS and MUNICIPALITIES in the STATES.
1-The Constitution does not prescribe the qualifications of the members.
2-It does not specify the term of the members.
3-Does not debar the retired members from any other employment in the government.
FORMER CHIEF ELECTION COMMISSIONERS OF INDIA.