ELECTION COMMISSION OF INDIA

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Context - Rajiv Kumar appointed as the Chief Election Commissioner.

Details

• The President of India has appointed Rajiv Kumar as the Chief Election Commissioner in the Election Commission of India.
• Rajiv Kumar will assume the charge of the Chief Election Commissioner from 15th of May.

Election Commission of India

• It is a permanent constitutional body.
• Article 324 of the constitution establishes the Election Commission of India.
• It was established on 25th January 1950.
• It supervises the conduct of elections to Parliament and Legislature of every State and elections to the offices of President and Vice-President of India.
• It consists of the Chief Election Commissioner and two Election Commissioners.
  • Originally, there was only Chief Election Commissioner, there were no Election Commissioners.

 Appointment of Election Commissioners

• The President appoints Chief Election Commissioner and Election Commissioners.
• Tenure of 6 years, or up to the age of 65 years, whichever is earlier.
• The status, salary and perks of election commissioners are equivalent to Judges of the Supreme Court of India.
• The Chief Election Commissioner can be removed from office only through impeachment by
  • Other members can be removed by the President in consultation with the Chief Election Commissioner.
• The President may appoint Regional Election Commissioners in consultation with the CEC before elections to the Parliament or Assemblies.
• The Chief Election Commissioner cannot hold any office of profit after retirement.
• The Chief Election Commissioner cannot be reappointed to the post.

Powers of the Election Commission

• The EC enjoys complete autonomy and is insulated from any interference from the Executive.
• It also functions as a quasi-judicial body regarding matters related to elections and electoral disputes.
• Its recommendations are binding on the President of India.
• However, its decisions are subject to judicial review by High Courts and the Supreme Court acting on electoral petitions.
• During the election process, the entire Central and state government machinery (including paramilitary and police forces) is deemed to be on deputation to the Commission.
• The Commission takes effective control of government personnel and movable and immovable property for the successful conduct of elections.

Functions of the Election Commission

• Demarcation of constituencies.
• Preparation of electoral rolls.
• Issue notification of election dates and schedules.
• Establish and enforce a code of conduct.
• Scrutiny of nomination papers of candidates.
• Scrutiny of election expenses.
• Allot symbols and accord recognition to political parties.
• Render advice to the President and Governors regarding the disqualification of MPs and MLAs.
• Allot schedules for broadcast and telecast of party campaigns.
• Grant exemptions to persons from disqualifications imposed by judicial decisions.

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