Q4. How has our Constitution ensured the independence of Election Commission?
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The Election Commission consists of the Chief Election Commissioner and as such number of other Election Commissioners as the President may fix from time to time. Thus the Election Commission of India can either be a single member or a multi-member body. Till 1989, the Election commission was a single member. Just before the 1989 general elections, two Election Commissiones were appointed, making the body multi-member. Soon after the elections, the Commission reverted to its single member status.
(ii) In 1993, two Election Commissioners were once again appointed and the Commission became of multi-member and has remained multi-member since then. The Chief Election Commissioner (CEC) presides over the Election Commission, but does not have more powers than the other Election Commissioners. The CEC and the two Election Commissioners have equal powers to take all decisions related to elections as a collective body and generally they take decisions on consensus.
(iii) The Constitution of India has ensured the independence of our Election Commission and has made it an impartial body which is responsible to ensure the conduct of free and fair elections. The following provisions make the Election Commission of India an independent body.
1. Chief Election Commissioner and other Election Commissioners and Regional Election Commissioners, if any, are appointed for a fixed term.
2. Chief Election Commissioner cannot be removed from office before the expiry of his term except on the grounds and in the manner a judge of the Supreme Court can be removed. It means the Chief Election Commissioner can be removed from office by the President before the expiry of his term on grounds of incapacity and misbehaviour, only if a resolution to this effect is passed by both the houses of Parliament by a two-third majority.
3. Other Election Commissioners and Regional Election Commissioners can be removed from office only on the recommendations of the Chief Election Commissioner.
4. Salary and other allowances of the Chief Election Commissioner and other Election Commissioners are to be paid out of the Consolidated Fund of India.
5. Tenure and other service conditions of the Chief Election Commissioner and other Election Commissioners are fixed by the President, but they cannot be changed to their disadvantage during their term of the office.
(ii) In 1993, two Election Commissioners were once again appointed and the Commission became of multi-member and has remained multi-member since then. The Chief Election Commissioner (CEC) presides over the Election Commission, but does not have more powers than the other Election Commissioners. The CEC and the two Election Commissioners have equal powers to take all decisions related to elections as a collective body and generally they take decisions on consensus.
(iii) The Constitution of India has ensured the independence of our Election Commission and has made it an impartial body which is responsible to ensure the conduct of free and fair elections. The following provisions make the Election Commission of India an independent body.
1. Chief Election Commissioner and other Election Commissioners and Regional Election Commissioners, if any, are appointed for a fixed term.
2. Chief Election Commissioner cannot be removed from office before the expiry of his term except on the grounds and in the manner a judge of the Supreme Court can be removed. It means the Chief Election Commissioner can be removed from office by the President before the expiry of his term on grounds of incapacity and misbehaviour, only if a resolution to this effect is passed by both the houses of Parliament by a two-third majority.
3. Other Election Commissioners and Regional Election Commissioners can be removed from office only on the recommendations of the Chief Election Commissioner.
4. Salary and other allowances of the Chief Election Commissioner and other Election Commissioners are to be paid out of the Consolidated Fund of India.
5. Tenure and other service conditions of the Chief Election Commissioner and other Election Commissioners are fixed by the President, but they cannot be changed to their disadvantage during their term of the office.
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our constitution provide election commission as much power as a judiciary of country during election time.
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