Chief Election Commissioner

Syllabus: General Studies Paper 2

The Government of India has appointed current Election Commissioner, Rajiv Kumar as the next Chief Election Commissioner of India (CEC)

Election Commission

• Part XV of the Indian constitution deals with elections, and establishes a commission for these matters.
• The Election Commission was established in accordance with the Constitution on 25th January 1950.
• Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member

Structure of the Commission

• Election Commissioner Amendment Act 1989, it has been made a multi-member body
• The commission consists of one Chief Election Commissioner and two Election Commissioners.
• The President appoints Chief Election Commissioner and Election Commissioners.

Tenure

• They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.

Removal

• The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament.
• They can resign anytime or can also be removed before the expiry of their term. 

Functions

• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country
• 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 grant recognition to political parties and allot election symbols to them
• Election Commission ensures a level playing field for the political parties in election fray, through strict observance by them of a Model Code of Conduct
• the Commission has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures
• The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered
• The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law

Limitations

• The Constitution has not prescribed the qualifications of the members of the Election Commission.
• The Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any further appointment by the government.