discuss the composition power and function of state election commission.
Answers
The Election Commission of India, abbreviated as ECI is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India.
- The election commission shall consist of the Chief Election Commissioner and a such number of other election commissioners, if any, as the president may from time to time fix.
- The appointment of the chief election commissioner and other election commissioners shall be made by the president.
- When any other election commissioner is so appointed the chief election commissioner shall act as the chairman of the election commission.
- The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
- The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be such as the President may by rule determine.
ᴀᴅᴠɪsᴏʀʏ ᴊᴜʀɪsᴅɪᴄᴛɪᴏɴ & ǫᴜᴀsɪ-ᴊᴜᴅɪᴄɪᴀʟ ғᴜɴᴄᴛɪᴏɴs-:
- Under the Constitution, the Commission also has advisory jurisdiction in the matter of post-election ineligibility of sitting members of Parliament and State Legislatures.
- Additionally, the cases of persons found guilty of dishonest practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The judgment 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 prohibit a candidate who has failed to lodge an account of his election expenses within the time and in the manner set by law.
- The Commission has also the power to remove or reduce the period of such disqualification as also other disqualification under the law.
ᴀᴅᴍɪɴɪsᴛʀᴀᴛɪᴠᴇ ᴘᴏᴡᴇʀs:-
- To decide the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
- To organize and periodically amend electoral rolls and to register all qualified voters.
- To inform the dates & schedules of election and to scrutinize the nomination papers.
- To grant recognition to political parties & 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 symbol to them.
- ECI appoints the following-
- Chief Electoral Officer– ECI in consultation with State Government/Union Territory Administration nominates or designates an Officer of the said State/UT as the Chief Electoral Officer to supervise the election work in the State/UT.
- District Election Officer– ECI in consultation with the State Government/ Union Territory Administration designates an officer of the said State/UT as the District Election Officer to supervise the election work of a district.
- Returning Officer– ECI in consultation with State Government/Union Territory Administration nominates or designates an officer of the Government or a local authority as the Returning Officer for each assembly and parliamentary constituency. Returning Officer is responsible for the conduct of elections in the parliamentary or assembly constituency and may be assisted by one or more Assistant Returning Officers (again appointed by ECI) in the performance of his functions.
- Electoral Registration Officer– ECI appoints the officer of State or local government as Electoral Registration Officer for the preparation of Electoral rolls for a parliamentary/ assembly constituency.
The election commission shall consist of the Chief Election Commissioner and a such number of other election commissioners, if any, as the president may from time to time fix.
The appointment of the chief election commissioner and other election commissioners shall be made by the president.
When any other election commissioner is so appointed the chief election commissioner shall act as the chairman of the election commission.
The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be such as the President may by rule determine.