Unit - V

ELECTION COMMISSION
and other Bodies
 ELECTION COMMISSION OF INDIA

 Permanent and Independent, Constitutional body and Statutory body.

The Representation of People’s Act 1951.

 Article 324 – Power of superintendence, direction and control of elections to

Parliament, state legislatures, the offices of President and Vice- President of
India.

 Separate Election Commission – For Elections of Panchayats and

Municipalities.

COMPOSITION

 Chief Election Commissioner and other Election Commissioners as decided

by President from time to time.

 Appointment of CEC and other ECs by President.

 To assist the Election Commission, Regional Commissioners are appointed

by President in consultation with CEC.
 Conditions of service and tenure of CEC and other ECs are decided by
President.

 CEC and two other ECs have equal powers and receive equal salary,
allowances as the SC judge.

 Difference of opinion – majority voice is final.

 Term – 6 years or till they complete 65 years of age (earlier rule)

 Removal process similar to the removal of a SC judge.

Independence of Election Commission:

 CEC can be removed by President only after a thorough investigation and

resolution passed to that effect.

 Grounds of removal – proved misbehavior or incapacity.

 CEC can recommend for the removal of other ECs and regional
commissioners.
Some flaws of the Election Commission:

 Constitution did not prescribe any qualifications for appointment of Election

Commissioners.

 No reference to the term of ECs in the Constitution.

Constitution did not prevent the retiring ECs from getting appointed again.

Powers and Functions of Election Commission

1. Administrative
2. Advisory
3. Quasi-Judicial

 To determine territorial areas of electoral constituencies as per

Delimitation Commission Act of Parliament.

 Prepare and periodically revise the electoral rolls and register new voters.
 Notify dates and schedules of elections, scrutinize nomination papers.

 Granting recognition to new political parties, awarding election symbols to

them.

 Acting as a quasi-judicial body to address election disputes.

 To determine code of conduct to be observed by political parties and all

contesting candidates.

 Publicity on policies of political parties telecasted in radio, TV during the time

of elections.

 Advising president on matters of disqualifications of MPs.

 Advising governor on matters of disqualification of members of state

legislature.

 Cancel/alter polls during rigging, booth capturing, violence, etc.

 Advising president on conducting elections during President’s rule.

 Election Commission  Deputy Election Commissioners  secretaries, joint
secretaries, deputy secretaries, under secretaries – secretariat of
commission.

 At state level, state EC is assisted by chief electoral officer appointed by

CEC of state while consulting state government.

 At district level, collector acts as district returning officer. Appoints returning

officers and presiding officers, Electoral Registration Officer (ERO).

Vision, Mission and Principles

Vision - Active engagement, participation, strengthening electoral democracy.

Mission – Independence, Integrity, Autonomy. Free, Fair and transparent

elections.

Guiding Principles – Equality, equity, impartiality, independence,

accountability, adoption of technology, innovative practices, etc.
ELECTORAL SYSTEM

 Articles 324 to 329 in Part XV of the Constitution makes all provisions

related to the electoral system in our country.

 Only one general electoral roll for every territorial constituency for election
to the Parliament and the state legislatures.

 No person is to be ineligible for inclusion in the electoral roll on grounds

only of religion, race, caste, sex or any of them.

 The elections to the Lok Sabha and the state assemblies are to be on the
basis of universal adult franchise.

 Parliament may make provisions on all matters relating to elections to the

Parliament and state legislatures including the preparation of electoral rolls,
the delimitation of constituencies and all other issues.

 Delimitation Commission Act should be unanimously followed.

ELECTION MACHINERY

1. Election Commission of India

2. Chief Electoral Officer (CEO)
3. District Election Officer (DEO)
4. Returning Officer (RO)
5. Electoral Registration Officer (ERO)
6. Presiding Officer
7. Observers

 General Observers, Expenditure Observers, Police Observers,

Awareness Observers, Micro Observers, Assistant Expenditure
Observers
State Election Commission – Role and Functioning

 The State Election Commission shall be constituted under the provisions of

Article 243K read with Article 243ZA in Part IX and Part IXA of the Constitution
of India.

 Under Article 243K and 243ZA of the Constitution of India, superintendence,

direction and control of preparation of electoral rolls for conduct of all elections
to Panchayat Raj bodies and Municipal bodies in the State shall be vested in
a State Election Commission.

 The powers and functions of the State Election Commission under Article
243K and 243ZA of the Constitution of India are identical to those vested in
the Election Commission of India constituted under Article 324 of the
Constitution of India in their respective domains.

 The State Election commission is headed by a State Election Commissioner

appointed by the Governor of the state. State Election Commissioner holds
his term for five years. Usually, Commissioners are appointed in the rank of
Secretary to the state government.
 NATIONAL COMMISSION FOR SCHEDULED CASTES

 The National Commission for Scheduled Castes (SCs) is a constitutional

body in the sense that it is directly established by Article 338 of the
Constitution.

 It consists of a chairperson, a vice-chairperson and three other members.

They are appointed by the President by warrant under his hand and seal.
Their conditions of service and tenure of office are also determined by the
President.

Functions of the Commission:

 To investigate and monitor all matters relating to the constitutional and

other legal safeguards for the SCs and to evaluate their working;

 To inquire into specific complaints with respect to the deprivation of rights

and safeguards of the SCs;

 To participate and advise on the planning process of socio-economic

development of the SCs and to evaluate the progress of their development
under the Union or a state;
 To present to the President, annually and at such other times as it may
deem fit, reports upon the working of those safeguards;

 To make recommendations as to the measures that should be taken by

the Union or a state for the effective implementation of those safeguards for
the protection, welfare and socio-economic development of the SCs.

 Report of the Commission

Powers of the Commission:

The Commission, while investigating any matter or inquiring into any
complaint, has all the powers of a civil court trying a suit and in particular in
respect of the following matters:
(a) summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing summons for the examination of witnesses and documents; and
(f) any other matter which the President may determine.
The Central government and the state governments are required to consult
the Commission on all major policy matters affecting the SCs.
 NATIONAL COMMISSION FOR SCHEDULED TRIBES

 The National Commission for STs is a constitutional body which is

established by article 338A of the Constitution. It consists of a chairperson, a
vice-chairperson and three other members. They are appointed by the
President by warrant under his hand and seal. Their conditions of service and
tenure of office are also determined by the President.

 Since the 89th Constitutional Amendment Act of 2003 bifurcated the

combined National Commission for SCs and STs into two separate bodies,
namely, National Commission for Scheduled Castes (under Article 338) and
National Commission for Scheduled Tribes (under Article 338-A), the powers
and functions of the National Commission for SCs and STs are one and the
same.
 NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC)

 In the Mandal case judgement (1992), the Supreme Court directed central
government to constitute a permanent statutory body to examine the
complaints of under-inclusion, over-inclusion or non-inclusion of any class of
citizens in the list of backward classes. Accordingly, NCBC was setup in 1993.

 Later, the 102nd Amendment Act of 2018 conferred a constitutional status on

the commission by inserting Article 338-B in the constitution. Hence the
commission ceased to be a statutory body and became a constitutional body.

 The commission consists of a chairperson, a vice-chairperson and three

other members appointed by the president who will also determine their
conditions of service and tenure of office.

Functions of the Commission:

 To investigate and monitor all matters relating to the constitutional and other
legal safeguards for the socially and educationallyy backward classes and to
evaluate their working.
 To inquire into specific complaints with respect to the deprivation of rights
and safeguards of the socially and educationally backward classes.

 To participate and advise on the socio-economic development of the socially

and educationally backward classes and to evaluate the progress of their
development under the union or a state.

 To present to the President, annually and at any such other times as it may
deem fit, reports upon the working of those safeguards.

 To make recommendations as to the measures that should be taken by the

Union or a state for the effective implementation of those safeguards and
other measures for the protection, welfare and socio-economic development
of the socially and educationally backward classes.

 Report of the Commission

 Powers of the Commission

 NATIONAL COMMISSION FOR WOMEN

 National Commission for Women was constituted in 1992 for

protecting, promoting and safeguarding the interests and rights of women.

 Statutory Body. The National Commission for Women Act,1990.

 Objectives:

 To review the constitutional and legal safeguards for women.

 To recommend remedial legislative measures.

 To facilitate redressal of grievances.

 To advise the government on all policy matters affecting women.

COMPOSITION

 Chairperson + 5 members + member secretary

 Members qualifications – Five members should be from amongst persons

of ability, integrity and who have had experience in law or legislation, trade
unionism, management of an industry or organisation committed to
increasing the employment potential of women, women’s voluntary
organisations (including women activists), administration, economic
development, health, education or social welfare.

 One member each from SC and ST communities.

 The member-secretary should be (i) an expert in the field of management,

organisational structure or sociological movement, or (ii) an officer who is a
member of a Civil Service of the Union or an all-India service or holds a civil
post under the Union.
 The chairperson, members and member-secretary are all nominated by the
Central Government (Ministry of Women and Child Development). Their
salaries, allowances and other service conditions are also prescribed by the
Central Government.

 Term - The chairperson and members hold office for a period of three
years.

Functions of the Commission:

To investigate and examine the safeguards provided to women by the

constitution and other laws. To recommend any amendments on those laws.

 To present central government, the reports on the working of those

safeguards.

 To make recommendations for effective implementation of those

safeguards by central and state governments.
 To look into complaints and take suo-moto notice of matters relating to
deprivation of women’s rights, non-implementation of laws for protection of
women, non-compliance of policy decisions aimed at providing welfare to
women.

 Investigations on discriminations and atrocities against women,

recommend strategies for their removal.

 Educational research to ensure representation of women in all spheres.

 To inspect any jail, remand home, women’s institution or other place of

custody where women are kept as prisoners or otherwise, and take up with
the concerned authorities for remedial action.

Commission usually presents an annual report to the central government or

it can also present a report whenever necessary.
Powers of the Commission:

 Can appoint committees necessary for dealing with issues from time-to-
time. Commission when investigating on any matters has all the powers of
a civil court:

(i) summoning and enforcing the attendance of any person from any part of
India and examining him on oath.
(ii) requiring the discovery and production of any document.
(iii) receiving evidence on affidavits.
(iv) requisitioning any public record from any court or office, issuing
summons for the examination of witnesses and documents and
any other matter which may be prescribed by the Central Government.

 The Commission processes the complaints received verbally or in writing.

It also takes into account suo moto notice of cases related to women.

 The complaints received relate to various categories of crimes against

women such as domestic violence, dowry, kidnapping/abduction, rape,
police harassment/brutality, cruelty of husband, gender discrimination,
sexual harassment, etc.