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POWERS AND FUNCTIONS

The powers and functions of the Election Commission with regard to elections to the Parliament, state legislatures and offices of President and Vice-President can be classified into three categories, viz,

1. Administrative

2. Advisory

3. Quasi-Judicial

In detail, these powers and functions are:

1. To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.4

2. To prepare and periodically revise electoral rolls and to register all eligible voters.

3. To notify the dates and schedules of elections and to scrutinise nomination papers.

4. To grant recognition to political parties and allot election symbols to them.

5. To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.

6. To appoint officers for inquiring into disputes relating to electoral arrangements.

7. To determine the code of conduct to be observed by the parties and the candidates at the time of elections.

8. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.

9. To advise the president on matters relating to the disqualifications of the members of Parliament.

10. To advise the governor on matters relating to the disqualifications of the members of state legislature.

11. To cancel polls in the event of rigging, booth capturing, violence and other irregularities.

12. To request the president or the governor for requisitioning the staff necessary for conducting elections.

13. To supervise the machinery of elections throughout the country to ensure free and fair elections.

14. To advise the president whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year.

15. To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance5 .

The Election Commission is assisted by deputy election commissioners. They are drawn from the civil service and appointed by the commission with tenure system. They are assisted, in turn, by the secretaries, joint secretaries, deputy secretaries and under secretaries posted in the secretariat of the commission.

At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by the chief election commissioner in consultation with the state government. Below this, at the district level, the collector acts as the district returning officer. He appoints a returning officer for every constituency in the district and presiding officer for every polling booth in the constituency.