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ü The
Election commission is a constitutional body that is entrusted with the
responsibility of conducting free and fair elections in the country.
ü On
October 16, 1989 for the first time the President appointed 2 election
commissioners.
NOTE:
The two election commissioners were appointed to cope
with increased work of the election commission on the account of lowering the
voting age from 21 to 18.
This was done through 61st amendment act of
1988 and came into force in 1989. |
In
October 1993 the President (Dr Shankar Dayal Sharma) appointed two more
election commissioners.
Since
then the election commission is a multi member body.
ü Present
CEC (June 11, 2012-till date) - V S Sampath
ü H S
Brahma and Syed Nasim Ahmed Zaidi are the election Commissioners.
THE ELECTION COMMISSION
CONDUCTS THE ELECTION FOR
The President
The Vice President
The Lok Sabha
The Rajya Sabha
The State Legislative Assemblies
The State Legislative Councils |
Article
324: It provides the power of superintendence, direction and control of
elections to the Parliament, state legislatures, the office of the President of
India and the Vice president of India.
Note: Panchayats and Municipalities elections are conducted by
the respective State Election Commissions.
|
COMPOSITION OF ELECTION
COMMISSION:
ü There
is a Chief Election Commissioner.
ü There
are some other members called election commissioners.
ü Note:
The President decides the strength from
time to time.
APPOINTMENT:
ü The
Chief Election Commissioner and other Election Commissioners are appointed by
the President of India.
Qualifications:
ü The
qualifications of the members of the election commission are not
prescribed in the constitution.
TERM OR
TENURE:
ü The
term and other conditions are decided by the President after a law is passed by
the Parliament to that effect.
CHAIRMAN OF
ELECTION COMMISSION:
ü The
Chief Election Commissioner acts as the Chairman of the Commission when any
other election commissioner is appointed.
SALARY:
ü The
salary is decided by the Parliament.
RESIGNATION:
ü The
Chief Election Commissioner and other Election Commissioners submit the
resignation letter to the President.
REMOVAL OF
CHIEF ELECTION
COMMISSIONER:
ü The
Chief Election Commissioner is removed in the same manner like that of a judge
of Supreme Court.
REMOVAL OF OTHER
ELECTION
COMMISSIONERS:
ü Other
Election Commissioners are removed by the President only on the recommendation
of the Chief Election Commissioner.
ü But,
the advice of the Chief Election Commissioner is not binding on the President.
FUNCTIONS OF
ELECTION COMMISSION:
ü The
election commission prepares and revises the electoral rolls
(voters List).
ü The
election Commission will notify the dates and schedules the elections.
ü The
election commission scrutinizes the nomination papers.
ü The
election commission recognizes the political parties.
ü The
election commission allots the election symbols to the political
parties and also to the independent candidates.
ü The
election commission determines the code of conduct to be observed by the parties
and the candidates at the time of elections.
ü The
election commission advices the President in the matter relating to the
disqualification of the members of Parliament. (Lok Sabha and Rajya Sabha).
ü The
election commission advices the Governor of a state in the matter relating to
the disqualification of the members of state Legislature.
ü The
Election Commission recognizes the political parties as National party or
Regional (state) party.
MISCELLANEOUS:
ü Note:
The Chief Electoral Officer is appointed by the Chief Election Commissioner in
consultation with the state government.
ü At
the district level the district Collector acts as the returning officer.
- The first general election held in 1951 - 52 cost the exchequer Rs. 10.45 crore. The election expenditure for the elections that was held in 2009 was Rs. 1400 crore. The estimated expenditure for the 15th Lok Sabha elections to be conducted in 2014 is Rs. 3500/- crore. This does not include the expenses incurred for security and the amounts the political parties spend.
ü For
every constituency there is a returning officer appointed by the district
collector.
ü The
Collector also appoints presiding officer for every polling booth.
ü In
January 2012 the Election Commission ordered draping of Mayawati Statues and
her party symbol elephant in Uttar Pradesh.
ü In
the year 2004 prior to Lok Sabha elections the Election Commission ordered to drape
photographs of the then Prime Minister and BJP leader Atal Bihari
Vajpayee installed on highways and at Golden Quadrilateral road projects.
ü In
the year 2011 the Election Commission on a complaint received to freeze the
elephant symbol of BSP (Bahujan Samajwadi Party) said that this question could
be considered only if the model code of conduct was violated.
ü Note:
Subramanian Swamy and Congress: On November 6, 2012 the Election Commission
rejected Swamy’s petition for de-recognition of the INC on the plea that it
violated rules for registration by loaning Rs 90 crore to a private company
(Associated journals Private Limited) . The EC headed by V S Sampath dismissed
the plea holding that it did not fall under any of the grounds specified under
16 A of the Election Commission symbols (Resevation and Allottment) order,
1968. The EC said the RPA act provided for the manner in which registered
political parties may raise the funds and there is not provision whatsoever in
that act prescribing the manner in which the political parties may use those
funds. The EC said if the party has not complied with any of the provisions of
the Income Tax Act, 1961 the matter does not fall within the jurisdiction of
the EC. Swamy decided to move the court
on the same
ü Every
October the EC begins its annual exercise of revising the electoral rolls with
the following January 1st as the effective date. This is of 2 types
summary revision and electoral revision. In the summary revision responsibility
is cast on the potential voter to get himself registered by going to the
designated center. In electoral revision door to door verification is
undertaken by the officers
ü The
EPIC (Electoral Photo Identity Card) is valid even the elector shifts to a
different assembly constituency. The reason is the card is primarily to
identify the voter and can be used in any polling station in India to which the
elector has moved. (infact it shows the previous address and is still valid – N
Gopalaswami former CEC – article in The Hindu on December 14, 2012).
ü If
the system is integrated with UID then the number can remain same even if s/he
moves from one place to the other.
ü The
law is very clear even today for voting physical presence is mandatory.
ü If
e-KYC can affect cash transfer why not vote transfer. If this is adopted this
is a boon not just to migrants and also to armed forces personnel, para
military forces and police. For this Aadhar number has to be incorporated in
the electoral roll.
ü The Hindu on
December 21, 2012: the NEW (National Election Watch)
and ADR (Association for Democratic Reforms) looked into the background of the
our lawmakers with respect to rape cases and other crimes against women based
on their self –sworn affidavits. In 2009 LS election political parties gave
tickets to 6 persons who declared they had been charged with rape. (Each from
RPP, Revolutionary Communist Party, BSP, JMM and 2 independent members). During
the same polls 34 other contestants declared that they had charges of crimes
against women. During the discussions in the Parliament in December 2012 two MPs one from AIADMK and
other from TMC declared that they face charges such as cruelty and intent to
outrage a woman’s modesty. With respect to MLAs (3 from SP (UP), 1 from BSP
(UP), one from BJP (Gujarat) and one from TDP (AP) are charged of rape against
them. 27 members with the similar charges were given the tickets from various
parties 10 from UP and 5 from Bihar. Apart from this 39 MLAs declared that they
have charges of crimes against women such as assault, insulting the modesty of
women.
ü In
2011 the EC disqualified Umlesh Yadav then sitting MLA from Bisauli in UP for a
period of 3 years for failing to provide a true and correct account of her
election expenses. She had skipped any mention of her spending on
advertisements dressed up news during her 2007 poll campaign. She was the first
legislator ever to bite the dust on grounds of expenditure (and paid news). Dr
Mishra the Cabinet Minister in MP now (2013) faces charges of the kind.
ü The
Press Council of India definition for ‘Paid News’ is – any news or analysis appearing
in any media (print or electronic) for a price in cash or kind as
consideration. According to the committee constituted by the PCI during the
2012 elections in Gujarat the paid news was rampant.
ü The
CEC on January 11, 2013 sought immediate implementation of proposed electoral
reforms relating to the criminalization of politics, particularly
banning candidates with criminal background from contesting polls. The proposal
sent by the EC on July 15, 1998 is still pending with the government.
f If a candidate who is declared disqualified by the Election Commission
under Section 10 of the Representation of People’s Act (RPA) "incurs
disqualification for contesting further elections to any House of Parliament or
state legislature for a period of three years, "and also for continuing as
member of any such House if he is already a sitting member from the date of the
order of the Election Commission and not from the date on which he contested
the election or was elected at such election."
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