Election Commission of India

It was very much in the contemplation of the Constitution makers that for the healthy and smooth working of Indian democracy, there has to be a body independent in itself; being given a Constitutional protection and being placed much above the political influence so that it could discharge its onerous responsibility of conducting free and fair elections in the country without being swayed by political pulls and pressures and hence, the election commission of India was created.

The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country. Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to   

• Parliament,
• State legislature,
• The office of president of India and the
• Office of vice-president of India, shall be vested in the Election Commission.

It must be noted here that the election commission is not concerned with the elections to Panchayats and Municipalities in the states. For this purpose, the Constitution of India provides for a separate State Election Commission especially, subsequent to the Constitutional 73^rd and 74^th.Amendment Acts…

Composition of the Commission:

Article 324 of the Constitution has made the following provisions with regard to the composition of election commission:

1.      The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix.

2.      The appointment of the chief election commissioner and other election commissioners shall be made by the president.

3.      When any other election commissioner is so appointed the chief election commissioner shall act as the chairman of the election commission.

4.      The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.

5.      The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president. 

Chronology of the Commission from a single member body to a muti-member body:

• Since its inception, in 1950 and till 15 October 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner only.
• On 16 October, 1989, during the regime of  V.P. Singh,  the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years.
• However, the two posts of election commissioners were abolished in January 1990.
• Again in October 1993, the president appointed two more election commissioners. Since then and till today, the Election Commission has been functioning as a multi-member body consisting of three election commissioners.

The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court.

In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or can also be removed before the expiry of their term.   

Assistance to Election Commission:

• The Election Commission is assisted by deputy election commissioners drawn from the civil service and appointed by the commission with tenure system.
• At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by the chief election commissioner in consultation with the state government.
• Below this, at the district level, the collector acts as the district returning officer who further appoints.
• A returning officer for every constituency in the district.
• A presiding officer for every polling booth in the constituency.

Independence of the 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 chief election commissioner is provided with the security of tenure. He can not be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. In other words, 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 in capacity.

2.      The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.

3.      Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

Powers and Functions:

• To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
• To prepare and periodically revise electoral rolls and to register all eligible voters.
• To notify the dates and schedules of elections and to scrutinize nomination papers.
• To grant recognition to political parties and allot election symbols to them.
• To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
• To appoint officers for inquiring into disputes relating to electoral arrangements.
• To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
• To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
• To advise the president on matters relating to the disqualifications of the members of state legislature.
• To advise the governor on matters relating to the disqualifications of the members of state legislature.
• To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
• To request the president or the governor for requisitioning the staff necessary for conducting elections.
• To supervise the machinery of elections throughout the country to ensure free and fair elections
• To advise the president whether elections can be held in a state under president’s rule in order to extent the period of emergency after one year.
• 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 performances.

Public Service Commissions

As provided by the Government of India Act of 1919, a Central Public Service Commission was set up in 1926 and entrusted with the task of recruiting civil servants. The Government of India Act of 1935 provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

Union Public Service Commission (UPSC):

UPSC is the central recruiting agency in India. It is an independent constitutional body. Article 315 to 323 in Part XIV of the Constitution contain elaborate provisions regarding the composition, appointment and removal of members along with the independence, powers and functions of the UPSC.

Composition of the UPSC:

The UPSC consists of a chairman and other members appointed by the President of India. The Constitution, without specifying the strength of the Commission has left the matter to the direction of the president, who determines its composition. Usually, the Commission consists of nine to eleven members including the chairman. Further, no qualifications are prescribed for the Commission’s membership except that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the Government of India or under the government of a state. The Constitution also authorizes the president to determine the conditions of service of the chairman and other members of the Commission.

The chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. However, they can relinquish their offices at any time by addressing their resignation to the president. They can also be removed before the expiry of their term by the president in the manner as provided in the Constitution.

Removal of the Chairman & other members of the Commission:

The President can remove the chairman or any other member of UPSC from the office under the following circumstances:

(a)     If he is adjudged an insolvent (that is, has gone bankrupt);

(b)     If he engages, during his term of office, in any paid employment outside the duties of his office; or

(c)     If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

In addition to these, the president can also remove the chairman or any other members of UPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president. During the course of enquiry by the Supreme Court, the president can suspend the chairman or the member of UPSC.

Defining the term ‘misbehaviour’ in this context, the constitution states that the chairman or any other member of the UPSC is deemed to be guilty of misbehavior if he,

(a)     is concerned or interested in any contract or agreement made by the Government of India or the government of a state, or

(b)     participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.

Independence of the Commission: How has been ensured by the Constitution?

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the UPSC.

(a)     The chairman or a member of the UPSC can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. Therefore, they enjoy security of tenure.

(b)     The conditions of service of the chairman or a member, though determined by the president, cannot be varied to his disadvantage after his appointment.

(c)     The entire expenses including the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India. Thus, they are not subject to vote of Parliament.

(d)     The chairman of UPSC (on ceasing to hold office) is not eligible for further employment in the Government of India or a state.

(e)     A member of UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state.

(f)      The Chairman or a member of UPSC is (after having completed his first term) not eligible for reappointment to that office (i.e., not eligible for second term).

Functions of the Commission:

1.      It conducts examinations for appointments to the all-India services, Central services and public services of the centrally administered territories.       

2.      It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

3.      It serves all or any of the needs of a state on the request of the state governor and with the approval of the President of India.

4.      It is consulted on the matters related to personnel management including methods of recruitment to civil services and for civil posts, making appointments, promotions and transfers, disciplinary matters and so on.

The jurisdiction of UPSC can be extended by an act made by the Parliament.

The UPSC presents, annually, to the president a report on its performance. The President places this report before both the Houses of Parliament, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non-acceptance. All such cases of non-acceptance must be approved by the Appointments Committee of the Union Cabinet. An individual ministry or department has no power to reject the advice of the UPSC.

While UPSC is entrusted with the selection of candidates to higher civil services, Staff Selection Commission is a centralized agency responsible for recruiting personnel to middle and lower services of Central government.

It was established in 1975 by an executive resolution of Central government. Originally, it was known as the Subordinate Service Commission and renamed as the Staff Selection Commission in 1976. It enjoys the status of an attached office of the Ministry of Personnel and acts as an advisory body. It consists of a chairman, to members and a secretary-cum-controller of examinations. The tenure of chairman and members is for five years or till they attain the age of 62 years, whichever is earlier. They are appointed by the Central government.

In addition to UPSC (for higher services) and SSC (for middle and lower services), there is a Public Enterprises Selection Board (PSEB) which is responsible for making recommendations for appointment to the full-time board level posts of chief executives, functional directors and part-time chairmen in the public enterprises of the Central government…