Election Commissioner of India explained

Election Commissioner of India should not be confused with Chief Election Commissioner of India.

Post:Election Commissioner
Body:India
Flag:Flag of India.svg
Flagsize:110px
Flagcaption:Flag of India
Insignia:Emblem_of_India.svg
Reports To:Parliament of India
Seat:Nirvachan Sadan, New Delhi, India
Appointer:President of India
Incumbent:Gyanesh Kumar
Sukhbir Singh Sandhu[1]
Incumbentsince:14 March 2024
Termlength:6 years or at the age of 65 (whichever is earlier)
Inaugural:Sukumar Sen
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.

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. The Election Commission was once again made as a three member body on 1 October 1993.[2]

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.[3] 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.[3]

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.[3]

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.[3] 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 plus allowances.[7] [8] [9]

Composition

Composition of Election Commission! Designation !! Name !! Took office !! Left office
scope=rowChief Election Commissioner[10] 15 May 2022 18 February 2025
scope=row rowspan=2 Election Commissioners14 March 202426 January 2029
14 March 20245 July 2028

List of Election Commissioners

Former election commissioners who have not held the office of CEC[11] ! Name !! Took office !! Left office !! Span
V.S. Seigell 16 October 1989 2 January 1990
S. S. Dhanoa 16 October 1989 2 January 1990
G.V.G. Krishnamurty 1 October 1993 30 September 1999
23 October 2018 31 October 2020
9 June 2021 14 February 2024
19 November 2022 9 March 2024

See also

Notes and References

  1. News: 15 March 2024. Gyanesh Kumar, Sukhbir Singh Sandhu take charge as Election Commissioners. 17 March 2024. The Indian Express.
  2. Web site: About ECI. Election Commission of India. live. 9 September 2017. https://web.archive.org/web/20120104151315/http://eci.nic.in/eci_main1/the_setup.aspx . 4 January 2012 .
  3. Web site: Election, FAQ. Government of India. 1 December 2023.
  4. News: SC refuses to stay new law on appointment of CEC and ECs, issues notice to Centre. 13 February 2024. 1 April 2024. The Economic Times.
  5. News: Chief Election Commissioner Gopalaswami 'recommends' removal of Navin Chawla. Ram. N.. 31 January 2009. The Hindu. live. 9 September 2017. https://web.archive.org/web/20181225052938/https://www.thehindu.com/todays-paper/Chief-Election-Commissioner-Gopalaswami-lsquorecommendsrsquo-removal-of-Navin-Chawla/article16363593.ece . 25 December 2018 .
  6. News: President rejects Gopalaswami's report against Navin Chawla. 2 March 2009. The Hindu. live. 9 September 2017. https://web.archive.org/web/20181225053030/https://www.thehindu.com/todays-paper/President-rejects-Gopalaswamirsquos-report-against-Navin-Chawla/article16628274.ece . 25 December 2018 .
  7. Web site: Election Commission (Condition Of Service Of Election Commissions And Transaction Of Business) Act, 1991. Vakil No. 1. 17 September 2012. dead. https://web.archive.org/web/20130123122252/http://vakilno1.com/bareacts/Laws/Election-Commission-Condition-Of-Service-Of-Election-Commissions-And-Transaction-Of-Business-Act-1991.htm. 23 January 2013.
  8. Web site: 8 June 2024 . THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958 with amendments . 8 June 2024 . India Code.
  9. Web site: 8 June 2024 . THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) ACT, 2023 . 8 June 2024 . India Code.
  10. News: Rajiv Kumar formally takes over as 25th Chief Election Commissioner. 1 December 2023. 19 May 2022. The Times of India.
  11. Web site: Former Election Commissioners. Election Commission of India. 25 November 2022.