Question

Choose the correct statement(s) regarding the Election Commission of India (ECI):

1. The Election Commission of India was established as a permanent constitutional body under Article 324 of the Constitution.

2. The Commission initially started as a single-member body but became a multi-member body only in 1993.

3. The Chief Election Commissioner (CEC) has equal powers and authority as other Election Commissioners, and decisions in case of dissent are based on majority.

4. The term of Election Commissioners is fixed only by the Parliament and not specified in the Constitution.

• A. 1 and 2 only
• B. 1, 2 and 3 only
• C. 1, 3 and 4 only
• D. All of the above

Answer 1

Answer:

B. 1, 2 and 3 only

Election Commission of India (ECI)

• The Election Commission of India (ECI) is a permanent and independent constitutional body established under Article 324 of the Indian Constitution.
• It is responsible for the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to the Parliament, State Legislatures, the office of President of India, and the office of Vice-President of India.
• The ECI was constituted on 25th January 1950, which is now celebrated annually as National Voters' Day.
• The provisions relating to the ECI are mentioned in Part XV of the Constitution (Articles 324 to 329).

Evolution of ECI's Structure

• Initially, from its inception in 1950 until October 1989, the Election Commission functioned as a single-member body, with only the Chief Election Commissioner (CEC).
• In October 1989, the President appointed two more Election Commissioners, making it a multi-member body. This change was primarily due to the reduction of the voting age from 21 to 18 years by the 61st Constitutional Amendment Act of 1988, which significantly increased the electorate.
• However, the two posts of Election Commissioners were abolished in January 1990, reverting the ECI to its single-member status.
• The Election Commission became a permanent multi-member body in October 1993, with the enactment of the Election Commissioner Amendment Act, 1993. Since then, it has consisted of one Chief Election Commissioner and two Election Commissioners.

Powers and Decision Making

• The Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) possess equal powers and authority.
• They receive equal salaries, allowances, and other emoluments, which are similar to those of a Judge of the Supreme Court.
• In cases of dissent or difference of opinion among the CEC and the two ECs, all matters are decided by a majority vote. The CEC does not hold a superior or vetoing power over the other Election Commissioners.

Term of Office of Election Commissioners

• The Indian Constitution, under Article 324(5), does not explicitly specify the term of office for the Chief Election Commissioner and other Election Commissioners.
• Instead, it states that their conditions of service and tenure of office shall be