The constitution has provisions to ensure the Independence and impartiality of the election commission, some flaws can be noted, viz,

• The constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the commission.
• The constitution has not described the tenure of the members of commission.
• The constitution has not debarred the retiring election commissioners from any further appointment by the government.

Independence of election commission

In constitution of India article 324 has given the provision of independent and impartial functioning of the commission:

• The chief election commissioner is provided with the security of tenure. Normally none can remove him from his office. Only way to remove him as a same manner and on the same grounds as a judge of the supreme court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the houses of Parliament with special majority, either on the ground of proved misbehavior or Inability. Thus, he does not hold his office till the permission of president, though he is appointed by him.
• The service condition of the chief election commissioner cannot be changed to his disadvantage after his appointment.
• Any other election commissioner or a regional commissioner cannot be removed from his office except on the recommendation of the chief election commissioner.

What is the election commission of India and what is the vision and mission of it?

The commission is a permanent and an independent body established by the constitution of the India directly to ensure free and fair elections in country. It is an all-India body in the sense of election of both the Centre government and state government.

Commission of India strives to be an Institutional of excellence by enhancing active engagement, participation and deepening and strengthening electoral democracy in India and globally.

The commission maintains independence, Integrity, and autonomy; ensures accessibility, inclusiveness and ethical participation of stakeholders; and adopts highest standards of professionalism for delivering free, fair, and transparent election to strengthen the trust in electoral democracy and governance.

How was the election commission constituted?

In constitution article 324 has made the provisions with regards to the composition of commission:

• The commission shall consist of the chief election commissioner and such number of other election commissioners.
• The appointment of the chief commissioner and other election commissioner shall be made by the president.
• When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the commission.
• The president may also appoint after consultation with the election commission such regional commissioner as he may consider necessary to assist the commission.
• The service condition and tenure of office of the election commissioners and the regional commissioner shall be decide by the president.

Who conduct the election under the states?

It must be noted that the commission is not concerned with the election of panchayats and municipalities in the states. For this, the constitution of India provides for a separate state commission.

Explain the power and functions of election commission?

The power and functions of commission with regards to elections to the parliament, state legislature and offices of president and vice president can be classified into three categories.

1. Administrative
2. Advisory
3. Quasi-judicial

In details three power and functions are:

• To prepare and periodically revise electoral rolls and to register all eligible voters.
• To notify the dates and schedules of elections and to check nomination papers.
• To grant recognition to political parties and allot election symbols to them.
• To appoint officers for inquiring into disputes relating to electoral arrangements.
• To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
• To advise the president and governor on mattes of relating to the disqualifications of the member of parliament and state legislature.
• To cancel polls in the event of rigging booth capturing violence and other irregularities.
• To request the president or governor for the staff necessary for conducting elections.
• To supervise the machinery of elections throughout the country to ensure free and fair elections.
• To determine the territorial areas of the electoral constituencies throughout the country on the basic of Delimitation commission act of parliament.