The Institution of Election Commission

India is the socialist, democratic nation and has largest democracy in the world. After
independence on 15 august 1947,
The Institution of Election Commission in India

After India gained independence in 1947, the constitution of India came into force on 26
January 1950. With the enactment of constitution, the institution of election commission has
been established. Since free and fair elections are crucial for the functioning of democracy,
the institution was established both at the centre as well as state level. The election
commission of India has been vested with superintendence, direction and control of the entire
process of the conduct of elections of the country 1. The structure of election commission of
India has been enshrined in part XV of the Indian constitution. The provisions governing the
functioning the election commission in India has been given in the constitution as well as the
election commission (Conditions of services of Election Commissioners and transaction of
business) Act, 1991. Later on in 2023, the provisions regarding the appointment of members
of ECI was amended by Chief election commissioner and other election commissioners
(Appointment, conditions of services and term of office) Act, 2023.

The election commission of India consists of chief election commissioners and other election
commissioners appointed by the president2. He also acts as the chairmen of the election
commission.3 The president has the power to appoint the regional election commissioners to
assist the Election Commissioner at the times of elections 4. Currently, as per the Chief
election Commissioner and other election commissioners (Appointment, Conditions of
services and Term of office) Act, 2023, the president appoints the chief election
commissioner and the other election commissioners on the recommendation of a Selection
Committee, consisting of the Prime Minister of India as chairperson, A Union Minister
nominated by the Prime Minister, and the Leader of opposition in the Lok Sabha 5.
Beforehand, the names are shortlisted by a Search Committee which brings the list down to
five people, and the Selection Committee has to consider that list. This search committee is
headed by the minister of law and justice and two other members 6. It is not mandatory that
the selection committee shall consider the persons mentioned in the recommended list given
by the search committee7.

1
ELECTION COMMISSION OF INDIA, https://www.eci.gov.in/about-eci (accessed on Sept. 26, 2024)
2
INDIA CONST. art. 324, cl.2.
3
INDIA CONST. art. 324, cl.3.
4
INDIA CONST. art. 324, cl.4.
5
THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS
OF SERVICES AND TERM OF OFFICE) ACT, 2023, § 7, No. 49, Acts of Parliament, 2023 (India).
6
THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS
OF SERVICES AND TERM OF OFFICE) ACT, 2023, § 6, No. 49, Acts of Parliament, 2023 (India).
The tenure of the chief election commissioner and other election commissioners is 6 years,
till the age of 65, whichever is earlier and they shall not be eligible for reappointment 8.the
chief election commissioner will be removed by the process of impeachment, same as the
judge of supreme court9. And the other members will be removed by the recommendation of
chief election commissioner. On the election commission’s request , the president or the
governor of a state shall provide the election commission or a regional commissioner with
any staff members that may be required to carry out the duties assigned to the election
commission10.

The state election commission works at the state level for conduction elections. It is a
autonomous body constitutional authority which is formed with view for developing local
self- government in rural areas. The Up Panchayat raj act 1947 was introduced to fulfil this
objective. After 73rd and 74th amendment in 1992, the state election commission was formed
in all states and union territories. The state election commission was divided into i.e. the local
self -government which includes Panchayati raj institutions and urban local bodies 11. Article
243K and article 243ZA of Indian constitution provides the power to superintendence,
direction and control of preparation of electoral rolls for the conduct of the elections in
panchayats and municipalities and are appointed by the governor 12.

7
THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS
OF SERVICES AND TERM OF OFFICE) ACT, 2023, § 8 (2), No. 49, Acts of Parliament, 2023 (India).
8
THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS
OF SERVICES AND TERM OF OFFICE) ACT, 2023, § 9, No. 49, Acts of Parliament, 2023 (India).
9
THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS
OF SERVICES AND TERM OF OFFICE) ACT, 2023, § 11, No. 49, Acts of Parliament, 2023 (India).
10
INDIA CONST. art. 243, cl.1.
11
STATE ELECTION COMMISSION, sec.up.nic.in, (accessed on Sept. 26, 2024)
12
INDIA CONST. art. 243K, cl.1.