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ELECTION COMMISSION OF INDIA

The Election Commission of India (ECI) is a constitutional authority responsible for overseeing elections in India. Election Commission of India(ECI) is a permanent, independent and constitutional body. It conducts election for both parliament and state legislature.

Constitutional Provisions:
– ECI operates under Part XV of the Indian Constitution.
– Established on 25th January 1950.
Articles 324 to 329 outline ECI’s powers, functions, tenure, and eligibility.

Structure:
– Originally had one Election Commissioner, but after the 1989 Amendment Act, it became a multi-member body.
Comprises One Chief Election Commissioner and two Election Commissioner
– Secretariat located in New Delhi.
– State-level assistance from Chief Electoral Officers, typically IAS officers.
– Appointments made by the President with a six-year tenure, or until 65 years of age.
– Enjoy the status and perks equivalent to Supreme Court Judges.

Procedure for Removal:
– Chief Election Commissioner removal similar to Supreme Court judges.
– Removal grounds are ‘Proven misbehaviour or incapacity.’
– Requires a special majority (2/3rd members present and >50% total strength).

Key Functions:
– Administers elections for Parliament, State Legislatures, President, and VicePresident.
– Sets election schedules, prepares electoral rolls, and issues EPIC.
– Decides polling station locations, assigns voters, and handles related matters.
– Grants political party recognition, assigns election symbols, and resolves disputes.
– Advises on post-election disqualification.
– Issues Model Code of Conduct, monitors campaign expenditure.

Articles related to Elections
 

324

Superintendence, direction and control of elections to be vested in an Election Commission.
 

325

No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
 

326

Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
 

327

Power of Parliament to make provision with respect to elections to Legislatures.
 

328

Power of Legislature of a State to make provision with respect to elections to such Legislature.
329 Bar to interference by courts in electoral matters.