Election Commission of India Powers and Composition | Kerala PSC Graduate

The Election Commission of India is a crucial aspect of Indian polity, and its powers and composition are significant for the Kerala PSC exam, which carries substantial weightage. The Election Commission is responsible for conducting free and fair elections in the country, and its composition and powers are enshrined in the Constitution of India, specifically in Article 324.

Introduction to Election Commission

The Election Commission of India is an autonomous and impartial body, established on 25 January 1950, as per Article 324 of the Constitution of India, which falls under Part XV of the Constitution, dealing with Elections.

• The Election Commission is responsible for conducting elections to the Parliament, State Legislatures, and the offices of the President and the Vice-President of India, as per Article 55 and Article 66 of the Constitution.
• The Commission comprises three members: the Chief Election Commissioner and two Election Commissioners, appointed by the President of India for a term of six years, as per Article 324(2) of the Constitution.

Powers of the Election Commission

The Election Commission of India has vast powers to ensure the conduct of free and fair elections in the country, as per Article 324 of the Constitution.

• The Commission has the power to delimit parliamentary and assembly constituencies, as per Article 327 and Article 328 of the Constitution, and to allocate seats to different states and union territories, as per Article 81 and Article 170 of the Constitution.
• The Election Commission can disqualify a candidate who has been convicted of a crime, as per Section 8 of the Representation of the People Act, 1951, and can also cancel elections if it finds evidence of large-scale rigging or booth capturing, as per Section 58 of the Representation of the People Act, 1951.

Composition of the Election Commission

The Election Commission of India is composed of three members, as per Article 324(2) of the Constitution.

Position	Term	Appointment
Chief Election Commissioner	6 years	Appointed by the President of India, as per Article 324(2) of the Constitution
Election Commissioner	6 years	Appointed by the President of India, as per Article 324(2) of the Constitution

• The Chief Election Commissioner and the Election Commissioners are appointed by the President of India, as per Article 324(2) of the Constitution, and they can be removed from office only by an order of the President, as per Article 324(5) of the Constitution.

Key Supreme Court Judgments

The Supreme Court of India has delivered several key judgments that have shaped the powers and composition of the Election Commission of India.

• In the case of Kesavananda Bharati v. State of Kerala, 1973, the Supreme Court held that the basic structure of the Constitution, including the independence of the Election Commission, cannot be altered by a Constitutional Amendment, as per Article 368 of the Constitution.
• In the case of S.R. Bommai v. Union of India, 1994, the Supreme Court held that the Election Commission has the power to ensure that elections are conducted in a free and fair manner, as per Article 324 of the Constitution.

Constitutional Amendments

Several Constitutional Amendments have affected the powers and composition of the Election Commission of India.

• The 42nd Constitutional Amendment, 1976, added a new clause (2A) to Article 324, which provides that the Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, not exceeding two, as the President may from time to time fix, as per Article 368 of the Constitution.
• The 61st Constitutional Amendment, 1988, lowered the voting age from 21 to 18 years, as per Article 326 of the Constitution, which has increased the electorate and placed a greater burden on the Election Commission.

Election Commission and Model Code of Conduct

The Election Commission of India has formulated a Model Code of Conduct for political parties and candidates to follow during elections.

• The Model Code of Conduct prohibits political parties and candidates from using government resources for campaign purposes, as per Section 123(7) of the Representation of the People Act, 1951, and from making false promises to voters, as per Section 123(4) of the Representation of the People Act, 1951.
• The Election Commission can take action against political parties and candidates who violate the Model Code of Conduct, as per Article 324 of the Constitution.

Election Commission and Voter Registration

The Election Commission of India is responsible for maintaining the electoral rolls and ensuring that all eligible citizens are registered to vote.

• The Election Commission has launched several initiatives to increase voter registration, including the National Voter Service Portal, which allows citizens to register online, as per the Representation of the People Act, 1950.
• The Election Commission has also implemented the Electoral Photo Identity Card (EPIC) scheme, which provides a unique identity card to each voter, as per the Representation of the People Act, 1951.

Quick Recap for PSC

• The Election Commission of India was established on 25 January 1950, as per Article 324 of the Constitution of India.
• The Commission comprises three members: the Chief Election Commissioner and two Election Commissioners, appointed by the President of India for a term of six years, as per Article 324(2) of the Constitution.
• The Election Commission has the power to delimit parliamentary and assembly constituencies, as per Article 327 and Article 328 of the Constitution.
• The Commission can disqualify a candidate who has been convicted of a crime, as per Section 8 of the Representation of the People Act, 1951.
• The Supreme Court has held that the basic structure of the Constitution, including the independence of the Election Commission, cannot be altered by a Constitutional Amendment, as per Article 368 of the Constitution.
• The 42nd Constitutional Amendment, 1976, added a new clause (2A) to Article 324, which provides that the Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, not exceeding two, as the President may from time to time fix, as per Article 368 of the Constitution.
• The Election Commission has formulated a Model Code of Conduct for political parties and candidates to follow during elections, as per Article 324 of the Constitution.
• The Commission is responsible for maintaining the electoral rolls and ensuring that all eligible citizens are registered to vote, as per the Representation of the People Act, 1950.