1.

Explain the functions of Election Commission of India.

Answer»

Democratic system in India provides for impartial, free and fair elections. The framers of Indian constitution clearly made provisions for an statutory body called Election Commission to conduct elections in India. Article 324 to 329 in part XV deals with the composition, powers, and functions of the Election Commission.

The Election Commission conducts elections to the office of the President, Vice President Union Parliament, Legislature of State, Union territories and Local bodies.

1. Composition of Election commission: Article 324 provides for the office of the Election Commission of India. It consists of the Chief Election Commissioner and the other

Election Commissioners. Till 1993, it was a single-member body but later on, it became a three-member body during the Prime Ministership of Sri P.V. Narasimha Rao.

2. Appointment and Removal: According to Art 342 (2), Chief Election Commissioner and other Election Commissioners are appointed by the President of India on the advice of Union Cabinet. The term of office is 6 years or till they reach the age of 65 years.

Article 324 (6) makes provisions for the salaries, allowances and other privileges to the Chief Election Commissioners, Election Commissioners, and the Personnel. The Parliament determines their salaries from time to time.

3. Removal: According to Article 324(5), the Chief Election Commissioner and other Election Commissioners can be removed from their office in the same manner as the Judges of Supreme Court, on the grounds of misbehavior and incapacity to discharge their constitutional obligations.

4. Power and functions: According to Article 324 (1), the Election Commission does the following.

1. Prepares electoral roll and its periodical revision. 

2. Holds elections to Parliament, State Legislatures and offices of President and Vice President. 

3. After the announcement of elections, it decides the time table. 

4. It conducts by-elections to vacant seats. 

5. It grants recognition to political parties as National and State parties.

According to Election Emblem Act 2000.

5. For National party: 1. 6% of valid votes in 4 or more States in LokSabha or Vidhana Sabha election and 4 LokSabha seats in any State or States or 2. Minimum 2% of Lok Sabha seats in 3 States.

6. For State party: 1. 6% of valid votes in Lok Sabha or Vidhana Sabha elections from the State and two Vidhana Sabha seats, or 2. 3% seats of total Vidhana Sabha seats in the States or success at least in three constituencies.

  • It scrutinizes the nomination papers. 
  • It allots symbols to political parties and independent candidates. 
  • It appoints officers and other staff members to conduct election and make necessary arrangements. 
  • It can order for re-poll in any constituency or any polling booth. 
  • It can withhold the election results on valid grounds. 
  • The President or the Governor acts on the advice of the Election Commission at the time of disqualification of members of the house.

It enforces the code of conduct for the candidates and political parties i.e. the election expenses and submission of accounts after election, environmental protection against noise pollution, etc., during elections. As per the Representation of People’s Act (RPA) of 1950 and 1951, Election Commission of India conducts the process of election.



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