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How EC evolved, what rules it follows in case of disagreement
Why in news?
- Recently role of ECI have been in light related violation of Model Code of Conduct during election campaign.
- The ECI mainly has administrative functions in the preparation of electoral rolls and conduct of elections.
- The Commission has to exercise its powers and perform its functions under Article 324 in conformity with the provisions of Sections 9 to 11 of The Election Commission Act, 1991.
Background
- When ECI become a three-member body?(1) From January 26, 1950 until 1989 the ECI was a single-member body with only a Chief Election Commissioner (CEC).(2) ECI was expanded just ahead of the elections to the ninth Lok Sabha, against the backdrop of differences between PM Rajiv Gandhi and CEC R V S Peri Sastri.(3) On October 7, 1989, the government, through a notification issued by President R Venkataraman, created two positions in the ECI in addition to that of the CEC.(4) The three-member arrangement only lasted for 70 days after Lok Sabha elections of 1989.(5) Article 324 of the Constitution vests the “superintendence, direction and control of elections” in an Election Commission consisting “of the Chief Election Commissioner
- How did the ECI revert to become a one-member body?(1) Soon after coming to power, the National Front government of Prime Minister V P Singh rescinded the Presidential notification of October 7, 1989.(2) supreme court has observed that more heads were better than one in a body that had to perform important constitutional functions.(3) The Union government then enacted The Chief Election Commissioner and Election Commissioners (Conditions of Service) Act, 1991.(4) This act gave the CEC a status equal to that of a Supreme Court judge, and his retirement age was fixed at 65 years.(5) ECs were given the status of High Court judges, and their retirement age was fixed at 62 years.
- How did the ECI become a multi-member body again?(1) During P V Narasimha Rao as PM the Chief Election Commissioner and Election Commissioners (Conditions of Service) Act, 1991 was amended by an Ordinance.(2) Name of the law was changed to The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.(3) CEC and the ECs equal by giving all three the status of a Supreme Court judge, retiring at the age of 65 years.(4) New chapter titled ‘Transaction of Business’, containing Sections 9, 10 and 11, was introduced in the Act.(5) Transaction of Business containing Sections 9, 10 and 11 envisaged that the CEC and the ECs would act in such a manner that there was unanimity in their decision making.
Power and other provisions
- What is the nature of the powers of the Election Commission of India?(1) In Mohinder Singh Gill & Anr vs CEC case Supreme Court ruled that “Article 324 vests powers or duties which are essentially administrative, and marginally, even judicative or legislative”.(2) ECI mainly has administrative functions in the preparation of electoral rolls and conduct of elections.(3) The three Sections apply to all the items of business transacted by the Commission — whether administrative, judicative or legislative.
- What happens if any of the Election Commissioners dissent?(1) If some difference of opinion persists such dissent is recorded in the file.(2) All opinions carry equal weight, which means the CEC can be overruled by the two ECs.(3) In a case of judicative nature the dissenting member may like to record a separate opinion/order.(4) For example, separate opinions were recorded by the two ECs and the CEC in 2009 in the matter of alleged disqualification of Sonia Gandhi on the conferment of an honour by the government of Belgium.(5) Despite the existence of the provision to take decisions by majority since 1993, very rarely has dissent been recorded.
Source
Indian express.