Election Commission Notes


PART A: ELECTION COMMISSION OF INDIA (ECI)

A. Constitutional Provision:
  • Article 324: Establishes the Election Commission of India.
  • Responsible for conducting elections to:
    • Lok Sabha and Rajya Sabha
    • State Legislative Assemblies
    • Offices of President and Vice-President



B. Composition:
Post Details
Chief Election Commissioner (CEC) Head of the ECI
Other Election Commissioners Number decided by the President
Current Structure Multi-member body (since 1993): CEC + 2 ECs



C. Appointment & Tenure:
  • Appointed by: President
  • Tenure: 6 years or 65 years of age, whichever is earlier
  • Service conditions determined by President



D. Removal & Independence:
Feature CEC ECs
Removal Like SC Judge (via Parliament) Only on CEC’s recommendation
Security of tenure Yes Yes
Salaries Charged on Consolidated Fund of India



E. Powers and Functions:

  • Administrative: Conduct elections, prepare electoral rolls, recognize political parties, allot symbols.
  • Advisory: On disqualification of MPs/MLAs to President/Governor.
  • Quasi-judicial: Resolve party disputes, enforce Model Code of Conduct.



PART B: STATE ELECTION COMMISSION (SEC)


A. Constitutional Provision:
  • Articles 243K (Panchayats) and 243ZA (Municipalities).
  • Inserted via 73rd & 74th Amendments.



B. Powers and Functions:
  • Conduct elections to:
    • Panchayats (Article 243K)
    • Municipalities (Article 243ZA)
  • Prepare and revise electoral rolls for local body elections
  • Enforce Model Code of Conduct at the state/local level



C. Composition:
Feature Details
Head State Election Commissioner (SEC)
Appointed By Governor
Tenure Usually 5–6 years (varies by state)
Conditions of Service Determined by Governor
Removal Like High Court judge (via President and Parliament)



D. Limitations:
  • Depends on State Government for staff and budget.
  • Less independence compared to ECI.



ECI vs SEC – Comparison Table
Feature Election Commission of India (ECI) State Election Commission (SEC)
Article 324 243K & 243ZA
Jurisdiction Parliamentary, Presidential, State Legislature Panchayats & Municipalities
Appointment President Governor
Removal Like SC Judge (by Parliament) Like HC Judge (by Parliament via President)
Head Chief Election Commissioner State Election Commissioner
Number of Members CEC + ECs Usually 1 (only SEC)
Funding Consolidated Fund of India State Government Budget
Function Type National & State-level elections Local body elections
Autonomy High Moderate (less secure)



Quick Revision Table

Topic Key Points
ECI Article 324
SEC Articles 243K (Panchayats), 243ZA (Municipalities)
Head of ECI Chief Election Commissioner
Head of SEC State Election Commissioner
Appointment Authority President (ECI), Governor (SEC)
Removal Process SC judge-like (CEC), HC judge-like (SEC)
Jurisdiction of ECI Parliament, President, State Assembly
Jurisdiction of SEC Panchayat, Municipality
Fund Source 1 – ECI: Consolidated Fund of India
2 – SEC: State Govt Budget
Legal Protection CEC & SEC have strong constitutional safeguards



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