1.2. Independence of Election Commission

In the performance of its functions, the Election Commission is insulated from executive interference. It is the Commission, which decides the election schedules for the conduct of

elections, whether general elections or bye-elections. Again, it is the Commission, which decides on the location of polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters. To ensure independent functioning of the Commission, the Constitution provides for the following provisions:

1) The Chief Election Commissioner is provided with security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a Judge of the Supreme Court of India. So, he can be removed by the President on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the grounds of proved misbehaviour or incapacity. Thus, he doesn’t hold office during the pleasure of the President, though he is appointed by the President.

2) The service conditions of the Chief Election Commissioner can’t be varied to his

disadvantage after his appointment.

3) Any other Election Commissioner or Regional Commissioner cannot be removed from the office, except on the recommendation of the Chief Election Commissioner. (This recommendation clause was disputed when Mr. N. Gopalaswamy recommended the removal of Navin Chawla but the Government refused to accept it.)