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42. Election Commission

43. Union Public Service Commission

44. State Public Service Commission

45. Finance Commission

46. Goods and Services Tax Council

47. National Commission for SCs

48. National Commission for STs

49. National Commission for BCs

50. Special Officer for Linguistic Minorities

51. Comptroller and Auditor General of India

52. Attorney General of India

53. Advocate General of the State


42 Election Commission


The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country.

Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission. Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments.

It must be noted here that the election commission is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission1 .


COMPOSITION

Article 324 of the Constitution has made the following provisions with regard to the composition of election commission:

1. The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix.

2. The appointment of the chief election commissioner and other election commissioners shall be made by the president.

3. When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.

4. The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.

5. The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.

Since its inception in 1950 and till 15 October 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner. On 16 October 1989, the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years.2 Thereafter, the Election Commission functioned as a multimember body consisting of three election commissioners. However, the two posts of election commissioners were abolished in January 1990 and the Election Commission was reverted to the earlier position. Again in October 1993, the president appointed two more election commissioners. Since then and till today, the Election Commission has been functioning as a multi-member body consisting of three election commissioners.

The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a

judge of the Supreme Court.3 In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or can also be removed before the expiry of their term.