Election Commissioner of India

Last updated

Election Commissioner of India
Emblem of India.svg
Flag of India.svg
Incumbent
Gyanesh Kumar
Sukhbir Singh Sandhu [1]
since 14 March 2024
Reports to Parliament of India
Seat Nirvachan Sadan, New Delhi, India
Appointer President of India
Term length 6 years or at the age of 65 (whichever is earlier)
Inaugural holder Sukumar Sen
Salary225,000 (US$2,800)
Website Election Commission of India

The Election Commissioners of India are the members of Election Commission of India, a body constitutionally empowered to conduct free and fair elections in India. An election commissioner is appointed by the President of India on the recommendation of a three member selection committee headed by the Prime Minister of India. The term of an election commissioner can be a maximum of six years or till he/she attains sixty five years of age. Election Commissioners are usually members of the Indian Civil Service.

Contents

History

Since 1950, the Election Commission of India was a single member body with only the Chief Election Commissioner. As per The Election Commissioner Amendment Act, 1989, the Commission was made a multi-member body with two additional election commissioners who were appointed to the commission for the first time on 16 October 1989. On 1 January 1990, the post of election commissioners were abolished again. [2] The Election Commission was once again made as a three member body on 1 October 1993. [3]

Role and powers

The election commissioners form part of the Election Commission of India, a body constitutionally empowered to conduct free and fair elections to the national, the state legislatures, President and Vice-President. This power of the Election Commission of India is derived from the Article 324 of the Constitution of India. [2] Election Commissioners are usually members of the Indian Civil Service. The Election Commission of India consists of a chief election commissioner and two election commissioners. The chief election commissioner does not have overruling powers and any decision is taken by the opinion of the majority among the three. [2]

Appointment and term of office

The appointment and term of the election commissioner is prescribed in the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. As per the Section 7 of the act, an election commissioner is appointed by the President of India on the recommendation of a selection committee headed by the Prime Minister of India and consisting of the Leader of the Opposition in Lok Sabha and a member of the Union Council of Ministers to be nominated by the Prime Minister. [4] The term of the CEC can be a maximum of six years from the date on which he/she assumes his office. However, the CEC retires from office if he/she attains the age of sixty-five years before the expiry of the term. [2]

While the CEC can only be removed by office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha to be present and voting for the same, election commissioners can be removed by the President on the recommendation of the CEC. [2] In 2009, Chief Election Commissioner N. Gopalaswami sent a recommendation to the then President Pratibha Patil to remove Election Commissioner Navin Chawla due to his partisan behavior in favor of a particular political party. [5] The President opined that such a recommendation is not binding on the president and rejected the same. [6]

Compensation

As per the Election Commission (Condition Of Service Of Election Commissions And Transaction Of Business) Act, 1991, the salary of an election commissioner is the same as salary of a Judge of Supreme Court of India. [7] The CEC draws a monthly salary of 350,000 (US$4,400) plus allowances. [7] [8]

Composition

Composition of Election Commission
DesignationNameTook officeLeft office
Chief Election Commissioner [9] Rajiv Kumar 15 May 202218 February 2025
Election Commissioners [1] Gyanesh Kumar 14 March 202426 January 2029
Sukhbir Singh Sandhu 14 March 20245 July 2028

List of Election Commissioners

Former election commissioners who have not held the office of CEC [10]
NameTook officeLeft officeSpan
V.S. Seigell16 October 19892 January 199078 days
S. S. Dhanoa16 October 19892 January 199078 days
G.V.G. Krishnamurty1 October 199330 September 19995 years, 364 days
Ashok Lavasa 23 October 201831 October 20201 year, 313 days
Anup Chandra Pandey 9 June 202114 February 20242 years, 250 days
Arun Goel 19 November 20229 March 20241 year, 111 days

See also

Related Research Articles

<span class="mw-page-title-main">Prime Minister of India</span> Head of the executive branch of the Government of India

The prime minister of India is the head of government of the Republic of India. Executive authority is vested in the prime minister and his chosen Council of Ministers, despite the president of India being the nominal head of the executive. The prime minister has to be a member of one of the houses of bicameral Parliament of India, alongside heading the respective house. The prime minister and their cabinet are at all times responsible to the Lok Sabha.

<span class="mw-page-title-main">President of India</span> Head of state of India

The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.

<span class="mw-page-title-main">Rajya Sabha</span> Upper house of the Parliament of India

The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. As of 2023, it has a maximum membership of 250, of which 238 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service. The total allowed capacity is 250 according to article 80 of the Indian Constitution. The current potential seating capacity of the Rajya Sabha is 245, after the Jammu and Kashmir (Reorganisation) Act, 2019, the seats came down to 245. The maximum seats of 250 members can be filled up at the discretion and requirements of the house of Rajya Sabha.

<span class="mw-page-title-main">Government of India</span> Legislative, executive and judiciary authority of India

The Government of India, also known as the Central Government, is the national authority of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories.

<span class="mw-page-title-main">Vice President of India</span> Second-highest constitutional office of India

The vice president of India is the deputy to the head of state of the Republic of India, i.e. the president of India. The office of vice president is the second-highest constitutional office after the president and ranks second in the order of precedence and first in the line of succession to the presidency. The vice president is also the ex officio chairman of the Rajya Sabha.

India has a parliamentary system as defined by its constitution, with power distributed between the union government and the states. India's democracy is the largest democracy in the world.

<span class="mw-page-title-main">Member of the Legislative Assembly (India)</span> Member of a State Legislature in India

A Member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly and the Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non-Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature

<span class="mw-page-title-main">Chief Election Commissioner of India</span> Constitutional post to the Government of India

The Chief Election Commissioner of India (CEC) heads the Election Commission of India, a body constitutionally empowered to conduct free and fair elections. An election commissioner is appointed by the President of India on the recommendation of a three member selection committee headed by the Prime Minister of India and senior most election commissioner is appointed as chief election commissioner. The term of a CEC can be a maximum of six years or till he/she attains sixty five years of age. The Chief Election Commissioner is usually a member of the Indian Civil Service and mostly from the Indian Administrative Service.

<span class="mw-page-title-main">Central Vigilance Commission</span> Apex Indian governmental body created in 1964 to address governmental corruption

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. In 2003, the Parliament enacted a law conferring statutory status on the CVC. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, advising various authorities in central Government organizations in planning, executing, reviewing, and reforming their vigilance work.

<span class="mw-page-title-main">Navin Chawla</span> Retired Indian civil servant and 16th Chief Election Commissioner of India

Navin Chawla is a retired Indian civil servant and writer, who served as 16th Chief Election Commissioner of India. Four phases of the Indian general election to the Lok Sabha, the lower house of the Indian Parliament, were executed under his supervision in April and May 2009.

<span class="mw-page-title-main">2009 Indian general election</span>

General elections were held in India in five phases between 16 April 2009 and 13 May 2009 to elect the members of the fifteenth Lok Sabha. With an electorate of 716 million, it was the largest democratic election in the world until being surpassed by the 2014 general election.

<span class="mw-page-title-main">Ministry of Parliamentary Affairs (India)</span> Ministry of Government of India

The Ministry of Parliamentary Affairs is an Indian government ministry. It is headed by the Union Cabinet Minister of Parliamentary Affairs.

<span class="mw-page-title-main">1951–52 Indian general election</span>

General elections were held in India between 25 October 1951 and 21 February 1952, the first after India attained independence in 1947. Voters elected the 489 members of the first Lok Sabha, the lower house of the Parliament of India. Elections to most of the state legislatures were held simultaneously.

<span class="mw-page-title-main">Lokpal</span> Ombudsman agency of India

A Lokpal is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. The Lokpal has jurisdiction over central government to inquire into allegations of corruption against its public functionaries and for matters connected to corruption. The Lokpal and Lokayuktas Act was passed in 2013 with amendments in parliament, following the Jan Lokpal movement led by Anna Hazare in 2010. The Lokpal is responsible for enquiring into corruption charges at the national level while the Lokayukta performs the same function at the state level. The age of Lokpal on the date of assuming office as the chairperson or a member should not be less than 45 years.

<span class="mw-page-title-main">N. Gopalaswami</span>

N. Gopalaswami, served as 15th Chief Election Commissioner of India (CEC) and has been awarded the Padma Bhushan in 2015. He is a 1966 batch Indian Administrative Services officer belonging to the Gujarat cadre. He took over the charge of CEC on 30 June 2006 and retired in April 2009. He is currently the president of Vivekananda Educational Society which runs a group of schools in and around Chennai. He was appointed as the Chairman of Kalakshetra for a term of five years starting from 22 October 2014, until 2019.

<span class="mw-page-title-main">Elections in Bihar</span> Overview of the procedure of elections in the Indian state of Bihar

Elections in the state of Bihar, India are conducted in accordance with the Constitution of India. The Assembly of Bihar creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India.

<span class="mw-page-title-main">Appointments Committee of the Cabinet</span> Indian national government committee

The Appointments Committee of the Cabinet (ACC) appoints several top posts within the Government of India.

<span class="mw-page-title-main">Election Commission of India</span> Election regulatory body of India

The Election Commission of India (ECI) is a constitutional body established by the Constitution of India empowered to conduct free and fair elections in India. The Election commission is headed by a Chief Election Commissioner and consists of two other Election Commissioners.

One Nation, One Election is a proposal under consideration by the Government of India to synchronise elections for the Lok Sabha and all state assemblies. It intends to hold these elections simultaneously, either on a single day or within a specific time frame.

The Chief Election Commissioner and Other Election Commissioners Act, 2023 is an Act of the Parliament of India to replace the existing Election Commission Act, 1991.

References

  1. 1 2 "Gyanesh Kumar, Sukhbir Singh Sandhu take charge as Election Commissioners". The Indian Express . 15 March 2024. Retrieved 17 March 2024.
  2. 1 2 3 4 5 "Election, FAQ". Government of India. Retrieved 1 December 2023.
  3. "About ECI". Election Commission of India. Archived from the original on 4 January 2012. Retrieved 9 September 2017.
  4. "SC refuses to stay new law on appointment of CEC and ECs, issues notice to Centre". The Economic Times . 13 February 2024. Retrieved 1 April 2024.
  5. Ram, N. (31 January 2009). "Chief Election Commissioner Gopalaswami 'recommends' removal of Navin Chawla". The Hindu . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  6. "President rejects Gopalaswami's report against Navin Chawla". The Hindu . 2 March 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  7. 1 2 "Election Commission (Condition Of Service Of Election Commissions And Transaction Of Business) Act, 1991". Vakil No. 1. Archived from the original on 23 January 2013. Retrieved 17 September 2012.
  8. "The High Court and Supreme Court Judges Salaries and Conditions of Service Amendment Bill 2008" (PDF). PRS India. Archived from the original (PDF) on 22 August 2017. Retrieved 17 September 2012.
  9. "Rajiv Kumar formally takes over as 25th Chief Election Commissioner". The Times of India . 19 May 2022. Retrieved 1 December 2023.
  10. "Former Election Commissioners". Election Commission of India . Retrieved 25 November 2022.