ECI's power of conducting elections GS:2 "EMPOWER IAS"

In news:

• Political parties are increasingly voicing concerns over holding elections in Bihar amid a pandemic.

 

What is ECI?

• The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.

 

Structure of the Commission

• Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
• The commission consists of one Chief Election Commissioner and two Election Commissioners.
• The secretariat of the commission is located in New Delhi.
• At the state level election commission is helped by Chief Electoral Officer who is an IAS rank Officer.
• The President appoints Chief Election Commissioner and Election Commissioners.
• They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament.

 

EC’s power to hold elections

• The EC is mandated under law to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
• The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
• In the case of early dissolution, EC has to ensure, as far as possible, a new Lok Sabha or Assembly is in place within six months of the dissolution.

 

Powers to delay

• An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be postponed or even scrapped after its announcement under extraordinary circumstances.
• Under Section 153 of the Representation of the People Act, the poll panel can “extend the time” for completing an election.
• But such extension should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
• In 1991, the Commission, under this provision read with Article 324 of the Constitution, postponed the ongoing parliamentary elections after then PM’s assassination during his campaign in Tamil Nadu.
• As recently as March this year, elections to 18 Rajya Sabha seats were postponed by the Commission due to the COVID19 pandemic.

 

 

Grounds for Election Postponement:

• Article 172(1) states that, in case of a state of Emergency, an election can be postponed for one year at a time in addition to a period of six months after the Emergency is lifted.
• There is no specific legal provision that specifies the circumstances under which elections can be deferred in non-Emergency situations.
• However, law and order, natural calamities like earthquakes and floods, or any other compelling circumstances which are beyond EC’s control can be the grounds for extension.

 

Legal Issues Involved:

• Powers under Section 153 can be exercised only after an election schedule has been notified.
• If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
• Under Article 324 the EC will have to inform the government of its inability to hold polls on time.
• The government can decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six more months.

 

Election Commission Powers:

The powers of the Election Commission are defined in the following articles of the Indian Constitution:

• Article 324: Superintendence, control and direction of national and state level elections are to be directly handled by the ECI
• Article 325: Inclusion and exclusion of names in electoral rolls are based on Indian Citizenship. No citizen of India above the voting age should be excluded from the rolls or included in a special electoral roll based on any criteria such as race, caste, religion or sex.
• Article 326: Defines universal adult franchise as the basis for elections to all levels of the elected government.
• Article 327: Defines responsibilities of the ECI and parliament for the conduct of national elections.
• Article 328: Defines the role and responsibilities of the state legislatures with respect to state level elections.
• Article 329: Prohibits court interference in matters related to elections unless specifically asked to provide their views.

 

The powers of the Election Commission can be studied under three headings:

• Administrative Powers
• Advisory Powers
• Quasi-Judicial Powers

 

Administrative Powers of the Election Commission

• The commission has been empowered to function in accordance to the Delimitation Commission Act and define the territorial boundaries of electoral constituencies for different elections.
• It has been given powers to register and deregister any political party or entity.
• It is empowered to enforce the ‘Model Code of Conduct’ for election campaigns and ensures its implementation.
• It is empowered to keep a check on the election expenses of the political parties. This ensures a level playing field for all the political parties irrespective of their size and thus the capacity to spend.
• It has the power to appoint officers as election observers and expenditure observers from different departments of the Civil Services.

 

Advisory Powers of the EC:

• The Commission is empowered to advise the President of India regarding disqualification of the members of Parliament and the conditions for the same.
• The Commission also advises the Governors with respect to the disqualifications of members of the State Legislatures
• It advises the High Courts and Supreme Court in matters related to post-election disputes between candidates and political parties.

 

Election Commission Quasi-Judicial Powers

• The Election Commission is empowered to settle disputes regarding recognition granted to political parties and candidates.
• It has the powers to act as a court for matters related to disputes arising out of the allotment of election symbols to political parties and candidates. No two election symbols are the same, even in different regions.
• It must be noted that the elections with respect to the election of Panchayats and Municipalities are carried out under the supervision of the State Election Commission. The State Election Commissions are in turn advised by the ECI and are answerable to it.

 

So can EC postpone elections in Bihar under Section 153 of the RP Act?

• Powers under Section 153 can be exercised only after an election schedule has been notified.
• If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
• The Commission will have to inform the government of its inability to hold polls on time.
• The government and the President will then decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six months.