Election Commission of India Article 324 of the Constitution provides for the creation of an independent body named Election Commission and invest it with following exclusive powers:
(i) Superintendence, direction and control of the preparation of electoral rolls for all elections to Parliament and to the Legislatures of every state and of elections to the offices of President and Vice-President. The words 'Superintendence, direction and control' empower Election Commission to act in contingencies not provided for by law and to pass necessary orders for the conduct of the election, for example, holding a repoll or selecting polling stations; to direct a special revision of the electoral roll by deleting an area which did not belong to a particular constituency. These powers are subject to any law made by Parliament under Article 327 and 328.
(ii) Under Section 169 of the Representation of People Act, 1951, Election Commission is competent to make the Symbols Order to decide disputes relating to the allotment of symbols to political parties and to recognise or derecognise parties for such purpose. In this context, the Commission has the power to determine the status of rival groups within the same party. The Commission is entitled to determine the effect of merger or separation of parties for this purpose or to decide disputes among splinter groups within a political party.
(iii) Election Commission can advise the President or a Governor of any state on the question of disqualification of any member of Parliament or Legislature under Articles 103(2) and 192(2) of the Constitution of India respectively.
The entire electoral machinery of the Union as well as of the states is in the hands of this centralised body, which alone is entitled to issue directives to returning officers, polling officers and others engaged in the preparation and revision of the electoral rolls so that no injustice may be done to any citizen of India by any local government. The Commission is assisted by Regional Commissioners, who not under the control of the state governments, but directly under Election Commission; they are not liable to be removed except at the recommendation of the Chief Election Commissioner.
Election Commission is independent of executive control in as much as its members as also the Regional Commissioners cannot be removed by the President except on the recommendation of the Chief Election Commissioner. The Chief Election Commissioner cannot be removed except in the manner provided in Article 124(4) relating to the removal of a judge of the Supreme Court by impeachment. Nor can the conditions of service of the Election Commissioner be varied to his disadvantage after his appointment.
The object underlying these provisions is to ensure an election free from the control of the party in power for the time being, without which representative democracy becomes meaningless.
Appeals
(i) The Election Commission is a tribunal within the meaning of Article 136(1), hence, the orders of the Commission are subject to appeal by special leave of the Supreme Court under Article 136.
(ii) An order of the Commission can be challenged before the Supreme Court under Article 32 or under Article 226 before High Court where it involves the question of the constitutional validity of such an order affecting fundamental rights.
(iii) No other courts have control of, or appellate or superintending powers over the Election Commission.
(i) Superintendence, direction and control of the preparation of electoral rolls for all elections to Parliament and to the Legislatures of every state and of elections to the offices of President and Vice-President. The words 'Superintendence, direction and control' empower Election Commission to act in contingencies not provided for by law and to pass necessary orders for the conduct of the election, for example, holding a repoll or selecting polling stations; to direct a special revision of the electoral roll by deleting an area which did not belong to a particular constituency. These powers are subject to any law made by Parliament under Article 327 and 328.
(ii) Under Section 169 of the Representation of People Act, 1951, Election Commission is competent to make the Symbols Order to decide disputes relating to the allotment of symbols to political parties and to recognise or derecognise parties for such purpose. In this context, the Commission has the power to determine the status of rival groups within the same party. The Commission is entitled to determine the effect of merger or separation of parties for this purpose or to decide disputes among splinter groups within a political party.
(iii) Election Commission can advise the President or a Governor of any state on the question of disqualification of any member of Parliament or Legislature under Articles 103(2) and 192(2) of the Constitution of India respectively.
The entire electoral machinery of the Union as well as of the states is in the hands of this centralised body, which alone is entitled to issue directives to returning officers, polling officers and others engaged in the preparation and revision of the electoral rolls so that no injustice may be done to any citizen of India by any local government. The Commission is assisted by Regional Commissioners, who not under the control of the state governments, but directly under Election Commission; they are not liable to be removed except at the recommendation of the Chief Election Commissioner.
Election Commission is independent of executive control in as much as its members as also the Regional Commissioners cannot be removed by the President except on the recommendation of the Chief Election Commissioner. The Chief Election Commissioner cannot be removed except in the manner provided in Article 124(4) relating to the removal of a judge of the Supreme Court by impeachment. Nor can the conditions of service of the Election Commissioner be varied to his disadvantage after his appointment.
The object underlying these provisions is to ensure an election free from the control of the party in power for the time being, without which representative democracy becomes meaningless.
Appeals
(i) The Election Commission is a tribunal within the meaning of Article 136(1), hence, the orders of the Commission are subject to appeal by special leave of the Supreme Court under Article 136.
(ii) An order of the Commission can be challenged before the Supreme Court under Article 32 or under Article 226 before High Court where it involves the question of the constitutional validity of such an order affecting fundamental rights.
(iii) No other courts have control of, or appellate or superintending powers over the Election Commission.
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