The Election Commission of India and the State Election Commission
Free and fair elections are the foundation of Indian democracy, and the body that conducts them at the national level is the Election Commission of India (ECI). The Constitution also provides for a separate State Election Commission (SEC) in every state to conduct elections to panchayats and municipalities. The two bodies are often confused, so it is important to understand their constitutional basis, composition, powers and the difference between them.
The Election Commission of India
The ECI is a constitutional body established under Article 324 of the Constitution. Article 324 vests in the Commission the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, the State Legislatures, and the offices of the President and the Vice-President of India. The Election Commission was actually set up on 25 January 1950, which is now celebrated every year as National Voters' Day. The first Chief Election Commissioner of India was Sukumar Sen.
Composition and Appointment
When it was created, the Election Commission was a single-member body consisting only of the Chief Election Commissioner. It became a multi-member body from 1 October 1993, and now consists of the Chief Election Commissioner (CEC) and two Election Commissioners. The President appoints the CEC and the other Election Commissioners. The Chief Election Commissioner can be removed only in the same manner as a judge of the Supreme Court, that is, for proved misbehaviour or incapacity and by a special majority in both Houses of Parliament. Other Election Commissioners are removed by the President on the recommendation of the CEC. The CEC and the Election Commissioners hold office for a term of six years or until attaining the age of 65 years, whichever is earlier. The conditions of service cannot be varied to their disadvantage after appointment.
Functions of the Election Commission
- Preparation, revision and maintenance of the electoral rolls.
- Conduct of elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies and Legislative Councils.
- Conduct of the elections of the President and the Vice-President.
- Registration and recognition of political parties.
- Allotment of election symbols to parties and candidates.
- Enforcement of the Model Code of Conduct during elections.
- Conduct of by-elections and the power to postpone or countermand an election.
- Advice on matters relating to the disqualification of candidates under the Constitution.
The Election Commission also works with the Delimitation Commission, which is constituted by an Act of Parliament and which redraws constituency boundaries. The use of Electronic Voting Machines (EVMs) was introduced experimentally in 1982 and on a large scale from 1999, and the VVPAT, that is the Voter Verifiable Paper Audit Trail, allows voters to verify that their vote was recorded correctly.
The State Election Commission
The State Election Commission is a separate constitutional body created by the 73rd and 74th Constitutional Amendment Acts. Article 243K provides for a State Election Commission for panchayats and Article 243ZA for municipalities. The State Election Commissioner is appointed by the Governor of the state and can be removed only in the manner and on the grounds applicable to a judge of a High Court. The State Election Commission conducts elections to panchayats and municipalities; it does not conduct elections to the State Legislative Assembly or to Parliament, which are the responsibility of the ECI. The ECI and the State Election Commission are therefore independent of each other.
Difference between the ECI and the State Election Commission
- Constitutional basis: the ECI is under Article 324; the State Election Commission is under Articles 243K and 243ZA.
- Scope: the ECI conducts national and state legislature elections; the State Election Commission conducts only local body elections.
- Appointment: the CEC and ECs are appointed by the President; the State Election Commissioner is appointed by the Governor.
- Removal: the CEC is removed like a Supreme Court judge; a State Election Commissioner is removed like a High Court judge.
Electoral Reforms and Important Amendments
Several constitutional amendments have shaped the electoral system. The 61st Amendment Act, 1988 lowered the voting age from 21 to 18 years. The 73rd and 74th Amendments created the State Election Commissions and introduced reservation in local bodies. The 52nd Amendment, 1985 dealt with the anti-defection law, and the 91st Amendment, 2003 limited the size of the Council of Ministers. The Representation of the People Acts of 1950 and 1951 provide the legal framework for elections, while the Anti-Defection Law and the Fugitive Economic Offenders provisions impact candidature.
The ECI and State Election Commission in Assam
In Assam, the Election Commission of India conducts the elections to the Lok Sabha and the Assam Legislative Assembly. The Assam State Election Commission conducts the elections to the Gaon Panchayats, Anchalik Panchayats, Zilla Parishads, Municipal Corporations, Municipal Boards and Town Committees. The Delimitation Commission has also redrawn Assam's assembly and parliamentary constituencies from time to time, most recently under the 2023 Delimitation Order. Candidates should note that the two commissions have clearly separated roles.
Significance for Competitive Examinations
Questions on the Election Commission and the State Election Commission appear frequently in APSC, ADRE, Assam Police, Gauhati High Court and other exams. Examiners ask the article that establishes the ECI, the date of its establishment, National Voters' Day, the first CEC, the composition and the year it became multi-member, the tenure and removal provisions, the article relating to the State Election Commission, the difference between the appointment and removal of the two bodies, the age of voting and the amendment that lowered it, and the mechanism of EVM and VVPAT.
How to Prepare This Topic
- Memorise Article 324 for the ECI and Articles 243K and 243ZA for the State Election Commission.
- Remember 25 January 1950 as the date of establishment and National Voters' Day, and Sukumar Sen as the first CEC.
- Learn that the ECI became multi-member in 1993 with the CEC and two Election Commissioners.
- Note the tenure of six years or 65 years and removal like a Supreme Court judge.
- Remember the 61st Amendment (1988) that lowered the voting age to 18.
- Practise the questions on this page and revise the FAQ answers.
Common Exam Traps
- The ECI is under Article 324, while the State Election Commission is under Article 243K for panchayats and 243ZA for municipalities.
- The first CEC was Sukumar Sen; the ECI was established on 25 January 1950.
- The CEC is removed like a Supreme Court judge, but a State Election Commissioner is removed like a High Court judge.
- The ECI does not conduct panchayat or municipal elections; that is the work of the State Election Commission.
- The voting age was lowered from 21 to 18 by the 61st Amendment, not the 44th or 73rd.
Frequently Asked Questions
Under which article is the Election Commission of India established?
The Election Commission of India is established under Article 324 of the Constitution. This article vests in the Commission the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, the State Legislatures and the offices of the President and the Vice-President.
What is the composition of the Election Commission and when did it become multi-member?
The Election Commission originally consisted only of the Chief Election Commissioner. It became a multi-member body on 1 October 1993 and now consists of the Chief Election Commissioner and two Election Commissioners. The CEC and the Election Commissioners are appointed by the President and hold office for six years or until the age of 65 years, whichever is earlier.
What is the State Election Commission and under which article is it created?
The State Election Commission is a constitutional body created by the 73rd and 74th Constitutional Amendment Acts. Article 243K provides for a State Election Commission for panchayats and Article 243ZA for municipalities. The State Election Commissioner is appointed by the Governor and conducts elections only to local bodies.
What is the difference between the ECI and the State Election Commission?
The ECI, under Article 324, conducts elections to Parliament, the State Legislatures and the offices of the President and the Vice-President. The State Election Commission, under Articles 243K and 243ZA, conducts elections to panchayats and municipalities. The CEC is appointed by the President and removed like a Supreme Court judge, while the State Election Commissioner is appointed by the Governor and removed like a High Court judge.
Which amendment lowered the voting age to 18 years?
The 61st Constitutional Amendment Act, 1988 lowered the voting age from 21 years to 18 years. It amended Article 326 of the Constitution, and the change came into force in 1989. The Election Commission uses the updated electoral rolls prepared on the basis of this provision.