The Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991, as amended, provides that in case of difference of opinion on any matter, such matter shall be decided by the opinion of the majority. Thus the CEC cannot over-ride any decision of the commission by himself. As Chairman of the Election Commission he presides over the meetings, conducts the business of the day and ensures smooth transaction of business of the commission.
Independence of the Election Commission
Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the election commission
1. The CEC is provided with the security of tenure. He holds office for a term of 6 years from the date he assumes office or till he attains the age of 65 years, whichever is earlier
2. Art. 324(5) says that the CEC cannot be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court i.e. he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity
3. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the CEC
4. The service conditions of the CEC cannot be varied to his disadvantage after his appointment
Some flaws
Administrative Functions
1. Art. 324(1) vests in the Commission the powers of superintendence, direction and control of the elections to the offices of the President and Vice-President, both Houses of the Parliament and both Houses of the State Legislature.
2. ECI appoints the following-
Chief Electoral Officer- ECI in consultation with State Government/Union Territory Administration nominates or designates an Officer of the said State/UT as the Chief Electoral Officer to supervise the election work in the State/UT
District Election Officer- ECI in consultation with the State Government/ Union Territory Administration designates an officer of the said State/UT as the District Election Officer to supervise the election work of a district
Returning Officer- ECI in consultation with State Government/Union Territory Administration nominates or designates an officer of the Government or a local authority as the Returning Officer for each assembly and parliamentary constituency. Returning Officer is responsible for the conduct of elections in the parliamentary or assembly constituency and may be assisted by one or more Assistant Returning Officers (again appointed by ECI) in the performance of his functions
Electoral Registration Officer- ECI appoints the officer of State or local government as Electoral Registration Officer for the preparation of Electoral rolls for a parliamentary/ assembly constituency
3. To prepare and periodically revise electoral rolls and to register all eligible voters
4. To supervise the machinery of elections throughout the country to ensure free and fair elections
5. To notify the dates and schedules of elections and to scrutinise nomination papers
6. To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance
7. To grant recognition to political parties and allot election symbols to them
8. To act as a court for settling disputed relating to granting of recognition to political parties and allotment of election symbols to them
9. To enforce the Model Code of Electoral Conduct that is mutually agreed upon by the political parties
10. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections
11. To enforce limits on expenditure on elections
12. It has the power to postpone or order re-polls or countermand elections in the event of rigging, booth capturing, violence and other irregularities
Independence of the Election Commission
Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the election commission
1. The CEC is provided with the security of tenure. He holds office for a term of 6 years from the date he assumes office or till he attains the age of 65 years, whichever is earlier
2. Art. 324(5) says that the CEC cannot be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court i.e. he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity
3. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the CEC
4. The service conditions of the CEC cannot be varied to his disadvantage after his appointment
Some flaws
Administrative Functions
1. Art. 324(1) vests in the Commission the powers of superintendence, direction and control of the elections to the offices of the President and Vice-President, both Houses of the Parliament and both Houses of the State Legislature.
2. ECI appoints the following-
Chief Electoral Officer- ECI in consultation with State Government/Union Territory Administration nominates or designates an Officer of the said State/UT as the Chief Electoral Officer to supervise the election work in the State/UT
District Election Officer- ECI in consultation with the State Government/ Union Territory Administration designates an officer of the said State/UT as the District Election Officer to supervise the election work of a district
Returning Officer- ECI in consultation with State Government/Union Territory Administration nominates or designates an officer of the Government or a local authority as the Returning Officer for each assembly and parliamentary constituency. Returning Officer is responsible for the conduct of elections in the parliamentary or assembly constituency and may be assisted by one or more Assistant Returning Officers (again appointed by ECI) in the performance of his functions
Electoral Registration Officer- ECI appoints the officer of State or local government as Electoral Registration Officer for the preparation of Electoral rolls for a parliamentary/ assembly constituency
3. To prepare and periodically revise electoral rolls and to register all eligible voters
4. To supervise the machinery of elections throughout the country to ensure free and fair elections
5. To notify the dates and schedules of elections and to scrutinise nomination papers
6. To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance
7. To grant recognition to political parties and allot election symbols to them
8. To act as a court for settling disputed relating to granting of recognition to political parties and allotment of election symbols to them
9. To enforce the Model Code of Electoral Conduct that is mutually agreed upon by the political parties
10. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections
11. To enforce limits on expenditure on elections
12. It has the power to postpone or order re-polls or countermand elections in the event of rigging, booth capturing, violence and other irregularities
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