Election Commission Structure and Composition of Election Commission

Summary

This video lecture provides an in-depth overview of the structure and composition of the Election Commission of India. It details the roles of the Chief Election Commissioner, Election Commissioners, and the legal framework established under Article 324. Key Supreme Court rulings, including the SS Danoia and TN Shashan cases, highlight the transition from a single-member to a multi-member body, emphasizing the necessity for a diverse decision-making structure. The lecture concludes with a preview of upcoming discussions on the differences between the Chief Election Commissioner and other Election Commissioners, as well as their appointment processes.

Takeaways

• 😀 The Election Commission of India is established under Article 324 of the Constitution.
• 🗳️ It oversees elections for the Parliament, State Legislatures, and the offices of the President and Vice President.
• 👤 The Election Commission consists of a Chief Election Commissioner and other Election Commissioners.
• 🏛️ The Chief Election Commissioner is appointed by the President of India and has protections similar to those of a Supreme Court judge.
• 📜 The initial structure of the Election Commission was a single-member body, which has evolved into a multi-member body.
• ⚖️ The Supreme Court's SS Danoa case (1991) emphasized the necessity of a multi-member Election Commission to prevent power concentration.
• 🔍 The court ruled that the Chief Election Commissioner's status is not equal to that of other Election Commissioners, who lack certain job protections.
• 🛡️ In the TN Shashan case (1995), the Supreme Court upheld the multi-member structure of the Election Commission against challenges from the Chief Election Commissioner.
• 👥 The Election Commission operates as a collective decision-making body, not solely under the authority of the Chief Election Commissioner.
• 📅 Future discussions will cover the differences between the Chief Election Commissioner and other Election Commissioners, along with their appointment processes.

Q & A

What is the main focus of today's video lecture?

The main focus is the structure and composition of the Election Commission of India.

Who are the key offices related to the Election Commission?

The key offices include the Chief Election Commissioner of India, Election Commissioners, Regional Commissioners, State Election Commissions, and the staff.

What is the significance of having a central Election Commission instead of state bodies?

A central Election Commission prevents discrimination against outsiders by state governments and ensures control over the election machinery in the country.

Under which constitutional article was the Election Commission established?

The Election Commission was established under Article 324 of the Indian Constitution.

How are the Chief Election Commissioner and other Election Commissioners appointed?

They are appointed by the President of India, subject to provisions of any law enacted by Parliament.

What landmark judgments influenced the transition of the Election Commission to a multi-member body?

The landmark judgments are the SS Dano case (1991) and the TN Shashan case (1995).

What was the Supreme Court's ruling in the SS Dano case regarding the Election Commissioners?

The Supreme Court held that a multi-member body is necessary for an institution like the Election Commission, emphasizing that powers should not be exercised by a single individual.

What protections are provided to the Chief Election Commissioner compared to other Election Commissioners?

The Chief Election Commissioner has protections regarding conditions of service and cannot be removed except in the same manner as a Supreme Court judge, while other Election Commissioners do not have these protections.

What was the outcome of the TN Shashan case regarding the composition of the Election Commission?

The Supreme Court upheld the multi-member structure of the Election Commission and clarified that the Chief Election Commissioner does not have sole decision-making power.

What is the current structure of the Election Commission?

The current structure consists of one Chief Election Commissioner and two Election Commissioners.