The Election Commission of India

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An introduction to the Election Commission of India

The election commission of India is the authorized body that supervises the functioning process of the elections and has its charge. The Constitution of India provides this autonomous body with the responsibility of managing the process of the Lok Sabha elections, elections of the Rajya Sabha, State Legislation, President and the Vice President of India. The Election Commissioner of India is appointed by the President of India. The additional commissioner is also appointed by him accordingly.

The operational authority of the Election Commission

  • The Constitution of India provides the Election Commission of India to perform its operations.
  • The ‘Representation of People’s Act’ is enacted by the election commission.
  • According to the Supreme Court of India, it has also got the provisions of enacting the silent laws for dealing with certain situations that may arise while conducting elections.
  • The residuary power o the Constitution of India is present with the ECI in a proper manner.

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Functioning of the ECI and its Authoritative Acts

India is a democratic country and hence here it is important to hold elections in a periodical manner which is both free and fair for a democratic system in a country. The Election commission of India holds the elections in a safe manner. They generally issue a model code of conduct for all the political parties and the candidates who are contesting the elections in a proper manner. The 1971 elections first had this code of conducts. There are a few guidelines which both the political parties and the candidates need to follow during the period of elections. Still the reports of mishaps do come out where the candidates destroy the machinery. The code of conduct does not have any statutory basis and has got only the persuasive effect.

The Law of Registration

The parties have politically enacted the Law of Registration in the year 1989. In this law, the different political parties of the country gets themselves registered with the Election commission of India. This in turn allows the ECI to keep a track of all the political parties across the country.

Modernization with the use of Technology

The processes involved in the elections today have been improved with the use of the EVM or the Electronic Voting Machine. Besides improvising the efficiency it also reduces the malpractices.

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The State Election Commission

The State Election Commission gives direction and is in charge of the control of governing the local bodies. Articles 243K in the Constitution of India envisage it. The Act first came into action in the year 1993 on 24th April. The aim of this was to monitor the democracy at the grassroots level as it is in the state or national level.

Power of the State Election Commission

The State Election Commission has some unique authorities. They involve:

  • The Delimitations Commission which delimits the constituencies of the local government.
  • The power of the staff disciplinary management, duties of election and assigning of reserved posts and constituencies are with the SEC.
  • It also has the power of disqualifying the candidate contesting elections who fail to submit the election account.

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