The Controversy Surrounding the Election Commission of India

The SIR Row

What is SIR?What is Form 6?
The Special Intensive Revision (SIR) is an exercise to identify and remove errors from electoral rolls and ensure that the voter list is accurate, updated, and includes all eligible citizens.Form 6 is the application form used by an eligible person to apply for inclusion of their name in the electoral roll.

ELECTION COMMISSION OF INDIA

  • Constitutional Basis: Article 324
  • Objective: To ensure free and fair elections in the country
  • Primary Role: Superintendence, direction and control of elections
  • Elections Covered: Parliament, State Legislatures, President & Vice-President
  • Local Body Elections: Conducted by separate State Election Commissions

COMPOSITION OF THE ELECTION COMMISSION

The composition of the Election Commission is primarily governed by Article 324.

Constitutional Provisions

ProvisionDetails
CompositionChief Election Commissioner + such number of Election Commissioners as the President may determine
AppointmentMade by the President
ChairmanChief Election Commissioner acts as Chairman when other Election Commissioners are appointed
Regional CommissionersPresident may appoint them after consultation with the Election Commission
Service Conditions & TenureDetermined by the President, subject to Parliamentary law

ELECTION MACHINERY: LEVEL-WISE 

LevelOfficer / InstitutionMajor Role
NationalElection Commission of IndiaOverall supervision and control of elections
NationalDeputy Election CommissionersAssist the Election Commission
StateChief Electoral OfficerAssists ECI at State level
DistrictCollector / District Returning OfficerCoordinates election arrangements at district level
ConstituencyReturning OfficerConducts election-related functions in the constituency
Polling StationPresiding OfficerSupervises polling at the polling station

EVOLUTION OF THE COMMISSION

The Election Commission has undergone changes in its composition over time.

PeriodStatus
1950 – 15 October 1989Single-member body headed by the Chief Election Commissioner
16 October 1989Two additional Election Commissioners were appointed
January 1990Two additional posts were abolished; Commission reverted to single-member form
October 1993 onwardsTwo additional Election Commissioners were appointed again
Since October 1993Multi-member Election Commission consisting of three Election Commissioners

CONDITIONS OF SERVICE AND TENURE

Key Provisions

AspectProvision
PowersCEC and other Election Commissioners have equal powers
Salary & AllowancesEqual salary, allowances and other perquisites
Status of BenefitsSimilar to those of a Supreme Court Judge
Difference of OpinionDecided by majority
TenureSix years or until 65 years of age, whichever is earlier
ResignationCan resign by writing to the President

Decision-Making

  • The matter is decided by the Commission by majority, when there is a difference of opinion among the Election Commissioners: 

INDEPENDENCE OF THE ELECTION COMMISSION

The Constitution contains several safeguards intended to ensure the independent and impartial functioning of the Election Commission.

Constitutional Safeguards

1. Security of Tenure of the CEC

  • The Chief Election Commissioner enjoys security of tenure.
  • He/she cannot be removed except in the same manner and on the same grounds as a Judge of the Supreme Court.

2. Removal

A majority of the total membership of each House and a two-thirds majority of the members present and voting is required.

2. Removal of Other Election Commissioners

An Election Commissioner or Regional Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.

Important Distinction

FeatureChief Election CommissionerOther Election Commissioners
Security of tenureStrong constitutional protectionComparatively less protection
RemovalSame manner and grounds as SC JudgeCannot be removed without CEC recommendation
Service conditionsCannot be varied to disadvantage after appointmentSource discusses this separately

LIMITATIONS / GAPS IN THE CONSTITUTIONAL FRAMEWORK

  1. The Constitution does not prescribe specific qualifications—legal, educational, administrative or judicial—for members of the Election Commission.
  2. The Constitution does not specify the term of office of Election Commission members.
  3. The Constitution does not debar retiring Election Commissioners from further appointment by the government.

Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

TopicKey Fact
Constitutional ArticleArticle 324
NaturePermanent & Independent Constitutional Body
AppointmentPresident
CECChairman of the Commission when other ECs are appointed
Decision in case of disagreementMajority
Tenure mentioned in source6 years or 65 years of age, whichever is earlier
CEC RemovalSame manner and grounds as Supreme Court Judge
Other ECsRemoval on recommendation of CEC
Local Body ElectionsState Election Commission
Major FunctionsAdministrative, Advisory, Quasi-Judicial
Political Party RecognitionElection Commission
Election SymbolsElection Commission
MP DisqualificationAdvice to President
State Legislature DisqualificationAdvice to Governor