Election Commission of India – (Article 324 – 329)

Election Commission of India is a permanent Constitutional Body. The Election Commission was established in
accordance with the Constitution on 25th January 1950.
• Sushil Chandra is the current and 24th Chief Election Commissioner of India.
• Rajiv Kumar and Anup Chandra Pandey are Election Commissioners
• Since its inception in 1950 and till 15 October 1989, the election commission was a one-member body with
only the Chief Election Commissioner (CEC) as its sole member.
• On 16 October 1989, the voting age was changed from 21 to 18 years.
• So, two more election commissioners were appointed by the president in order to cope with the increased
work of the election commission.
• Since then, the Election Commission was a multi-member body that consisted of 3 election commissioners.
• Later on, the two posts of election commissioners were eliminated in January 1990 and the Election
Commission was reverted to the previous position.
• This was repeated again later in October 1993 when the president appointed two more election
commissioners.
• Since then, the Election Commission functions as a multi-member body comprising of 3 commissioners.
• The chief and the two other election commissioners have the same powers and emoluments including salaries,
which are the same as a Supreme Court judge.
• In case of a difference of opinion amongst the Chief Election Commissioner and/or two other election
commissioners, the matter is decided by the Commission by a majority.
• The office is held by them for a term of 6 years or until they attain 65 years, whichever happens first. They can
also be removed or can resign at any time before the expiry of their term.
Powers of Election Commission of India
• Determining the Electoral Constituencies’ territorial areas throughout the country on the basis of the
Delimitation Commission Act of Parliament.
• Preparing and periodically revising electoral rolls and registering all eligible voters.
• Notifying the schedules and dates of elections and scrutinising nomination papers.
• Granting recognition to the various political parties and allocating them election symbols.
• Acting as a court to settle disputes concerning the granting of recognition to political parties and allocating
election symbols to the parties.
• Appointing officers for inquiring into disputes concerning electoral arrangements.
• Determining the code of conduct to be followed by the political parties and candidates during elections.
• Preparing a program for publicising the policies of all the political parties on various media like TV and radio
during elections.
• Advising the President on matters concerning the disqualification of MPs.
• Advising the Governor on matters concerning the disqualification of MLAs.

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 • Cancelling polls in case of booth capturing, rigging, violence and other irregularities.
• Requesting the Governor or the President for requisitioning the staff required for conducting elections.
• Supervising the machinery of elections throughout the country for ensuring the conduct of free and fair
elections.
• Advising the President on whether elections can be held in a state that is under the President’s rule, in order
to extend the period of emergency after 1 year.
• Registering political parties and granting them the status of national or state parties (depending on their poll
performance).
Functions of Election Commission
• To direct and control the entire process of conducting elections to Parliament and Legislature of every State
and to the offices of President and Vice-President of India.
• To decide the election schedules for the conduct of periodic and timely elections, whether general or bye-
elections
• To decide on the location of polling stations, assignment of voters to the polling stations, location of counting
centres, arrangements to be made in and around polling stations and counting centres and all allied matters
• To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)
• To grant recognition to political parties & allot election symbols to them along with settling disputes related
to it
• To sets limits of campaign expenditure per candidate to all the political parties, and also monitors the same
• To advise in the matter of post-election disqualification of sitting members of Parliament and State
Legislatures.
• To issue the Model Code of Conduct in the election for political parties and candidates so that no one indulges
in unfair practice or there is no arbitrary abuse of powers by those in power.
Composition of Election Commission
• The President appoints the Chief Election Commissioner and other election commissioners.
• When any other EC is so appointed, the CEC acts as the Election Commission’s Chairman.
• The President can also appoint regional commissioners to assist the Commission, if necessary, after consulting
with the Election Commission.
• The tenure of office and the conditions of service of all the commissioners shall be determined by the country’s
President.
Importance of Election Commission for India
• The Election Commission has been successfully conducting national as well as state elections since 1952. Now,
it plays an active role to ensure the greater participation of people.
• The Commission has brought discipline among the political parties with a threat of derecognizing if the parties
failed in maintaining inner-party democracy.

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 • It supports the values preserved in the Constitution viz, equality, equity, impartiality, independence; and rule
of law in superintendence, direction, and control over the electoral governance.
• ECI helps in conducting elections with the highest standard of credibility, fairness, transparency, integrity,
accountability, autonomy and professionalism.
• In the electoral process, it ensures the participation of all eligible citizens in an inclusive voter-centric and
voter-friendly environment.
• The Election Commission of India engages with political parties and all stakeholders in the interest of the
electoral process.
• It creates awareness about the electoral process and electoral governance amongst stakeholders (political
parties, voters, election functionaries, candidates and people at large) to enhance and strengthen confidence
and trust in the electoral system of this country.
Challenges faced by Election Commission
• Increased violence and electoral malpractices under influence of money have resulted in political
criminalization, which ECI is unable to arrest.
• Election Commission is not adequately equipped to regulate the political parties. It has no power in enforcing
inner-party democracy and regulation of party finances.
• ECI is becoming lesser independent of the Executive which has impacted its image.
• Allegations of EVMs malfunctioning, getting hacked and not registering votes, corrodes the trust of the general
masses in ECI.
The Andhra Pradesh State Election Commission
• The Andhra Pradesh State Election Commission was constituted in September 1994 under the provisions of
Article 243K read with Article 243ZA of the Constitution of India.
• Under Article 243K and 243ZA of the Constitution of India, superintendence, direction and control of
preparation of electoral rolls for conduct of all elections to Panchayat Raj bodies and Municipal bodies in the
State shall be vested in a State Election Commission consisting of a State Election Commissioner to be
appointed by the Governor.
• The powers and functions of the State Election Commission under Article 243K and 243ZA of the Constitution
of India are identical to those vested in the Election Commission of India constituted under Article 324 of the
Constitution of India in their respective domains.
• The Election Commission of India is vested with the responsibility of conducting elections to House of People
and State Legislative Assemblies whereas the State Election Commission with the conduct of elections to Rural
and Urban Local Bodies in the State.

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 National Commission for Backward Classes (NCBC)
What is NCBC?
• 102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for
Backward Classes (NCBC).
• It has the authority to examine complaints and welfare measures regarding socially and educationally
backward classes.
• Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.
Background
• In 1992, Supreme Court had directed the government to create a permanent body to entertain, examine and
recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and
protection.
• In pursuant to these directions’ parliament passed National Commission for Backward Classes Act in 1993 and
constituted the NCBC.
• 102nd Constitution Amendment bill of 2017 was introduced in Parliament to safeguard the interests of
backward classes more effectively.
• Parliament has also passed a separate bill to repeal the National Commission for Backward Classes Act, 1993,
thus 1993 act became irrelevant after passing the bill.
• The bill got the President assent in August 2018 and provided the constitutional status to NCBC.
Structure of NCBC
• The Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members
appointed by the President by warrant under his hand and seal.
• The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members is
determined by President.
Powers and Functions
• The commission investigates and monitors all matters relating to the safeguards provided for the socially and
educationally backward classes under the Constitution or under any other law to evaluate the working of such
safeguards.
• It participates and advises on the socio-economic development of the socially and educationally backward
classes and to evaluate the progress of their development under the Union and any State.
• It presents to the President, annually and at such other times as the Commission may deem fit, reports upon
the working of those safeguards. The President laid such reports before each House of Parliament.
• Where any such report or any part thereof, relates to any matter with which any State Government is
concerned, a copy of such report shall be forwarded to the State Government.
• NCBC has to discharge such other functions in relation to the protection, welfare and development and
advancement of the socially and educationally backward classes as the President may, subject to the
provisions of any law made by Parliament, by rule specify.

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 National Commission for Scheduled Castes
Key Points
• NCSC is a constitutional body that works to safeguard the interests of the scheduled castes (SC) in India.
• Article 338 of the constitution of India deals with this commission
• It provides for a National Commission for the Scheduled Castes and Scheduled Tribes with duties to investigate
and monitor all matters relating to safeguards provided for them, to inquire into specific complaints and to
participate and advise on the planning process of their socio-economic development etc.
• Initially, the constitution provided for the appointment of a Special Officer under Article 338.
• The special officer was designated as the Commissioner for Scheduled Castes and Scheduled Tribes.
• In 65th Amendment, 1990 the one-member system was replaced with a multi-member National Commission
for Scheduled Castes (SC) and Scheduled Tribes (ST).
• By 89th Amendment, 2003, the erstwhile National Commission for SC and ST was replaced by two separate
Commissions from the year 2004 which were: National Commission for Scheduled Castes (NCSC) and National
Commission for Scheduled Tribes (NCST)- under Article 338-A
Structure of NCSC
NCSC consists of:
• Chairperson.
• Vice-chairperson.
• Three other members.
• They are appointed by the President by warrant under his hand and seal.
Functions
• Monitoring and investigating all issues concerning the safeguards provided for the SCs under the constitution.
• Enquiring into complaints relating to the deprivation of the rights and safeguards of the SCs.
• Taking part in and advising the central or state governments with respect to the planning of socio-economic
development of the SCs.
• Regular reporting to the President of the country on the implementation of these safeguards.
• Recommending steps to be taken to further the socio-economic development and other welfare activities of
the SCs.
• Any other function with respect to the welfare, protection, development and advancement of the SC
community.
• The Commission is also required to discharge similar functions with regard to the Anglo-Indian Community as
it does with respect to the SCs.
• Till 2018, the commission was also required to discharge similar functions with regard to the other backward
classes (OBCs). It was relieved from this responsibility by the 102nd Amendment Act of 2018.
Other Constitutional Provisions for Upliftment of the Schedule Caste
• Article 15(4) refers to the special provisions for their advancement.

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• Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services
under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.
• Article 17 abolishes Untouchability.
• Article 46 requires the State ‘to promote with special care the educational and economic interests of the
weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to
protect them from social injustice and all forms of exploitation.
• Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall
be taken into consideration, consistently with the maintenance of efficiency of administration, in the making
of appointments to services and posts in connection with the affairs of the Union or of a State.
• Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the
Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the
States.
• Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities,
reservation for SC and ST in local bodies has been envisaged and provided.

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 National Commission for Scheduled Tribes
Key Points
1. Formation:
NCST was set up with effect from 19th February, 2004 by amending Article 338 and by inserting a new article
338A in the Constitution through the 89th Constitution Amendment Act, 2003. Hence, it is a constitutional body.
2. Objective:
Article 338A inter-alia gives powers to the to NCST oversee the implementation of various safeguards provided
to STs under the Constitution or under any other law for time being in force or under any other order to the
Government and to evaluate the working of such safeguards.
3. Composition:
It consists of a Chairperson, a Vice-Chairperson and 3 other Members who are appointed by the President by
warrant under his hand and seal.
• At least one member should be a woman.
• The Chairperson, the Vice-Chairperson and the other Members hold office for a term of 3 years.
• The members are not eligible for appointment for more than two terms.
• The Chairperson has been given the rank of Union Cabinet Ministers, the Vice Chairperson has the rank of a
Minister of State and other Members have the rank of a Secretary to the Government of India.
Duties and Functions
• To investigate and monitor all matters relating to the safeguards provided for the STs under the Constitution
or under any other law for the time being in force or under any order of the Government.
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the STs.
• To participate and advise in the planning process of socio-economic development of the STs and to evaluate
the progress of their development.
• To present to the President, annually and at such other times as the Commission may deem fit, reports upon
the working of those safeguards.
• To make in such reports, recommendations as to the measures that should be taken by the Union or any State
for effective implementation of those safeguards and other measures for the protection, welfare and socio-
economic development of the Scheduled Tribes.
• To discharge such other functions in relation to the protection, welfare and development and advancement
of the Scheduled Tribes as the President may subject to the provisions of any law made by Parliament by rule
specify.

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 National Commission for Women
• The National Commission for Women was set up in 1992 under the National Commission for Women Act,
1990.
• This body was established to review the constitutional and legal safeguards for women.
• It recommends the remedial legislative measures, facilitates redressal of grievances and advises the
government on all policy matters affecting women.
• It enjoys all the powers of a civil court.
Composition of National Commission for Women
• The Commission must consist of a minimum number of members which includes a chairperson, a member
secretary, and the other five members.
• Chairperson: The central government should nominate the chairperson.
• Five members: The five members are also to be nominated by the central government from amongst the
person of ability, integrity, and standing. They should possess experience in various fields like law or legislation,
trade unionism, management of industry potential of women, women’s voluntary organization, education,
administration, economic development, and social good-being.
• Member Secretary: The Central Government also nominates member secretary. He/ she should be either an
expert in the field of management, an organization, or an officer who is a member.
The Commission shall perform all or any of the following functions:
1. Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided
for the women under the Constitution and other laws
2. Presentation of Reports: Table reports to the Central Government, every year and at such other times as the
Commission may deem fit, reports upon the working of those safeguards
3. Recommendations: Make in such reports and recommendations for the effective accomplishment of those
safeguards for enhancing the conditions of the women by the Union or any State.
4. Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws
relating to the women with the relevant authorities
5. Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of
women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the
welfare for women society.
6. Special Studies and Investigation: It conducts special studies or investigation on the concerning issues or
circumstances emerging out of segregation and outrages against ladies and recognizes the limitations in order
to suggest techniques for their expulsion
7. Research: Undertake the promotional and educational research so as to propose ways of ensuring due
representation of women in all fields and identifies the factors responsible for impeding the support services
and technologies for reducing drudgery and professional health hazards and for escalating their efficiency.
8. Evaluation: assess the progress of the development of women society under the Union and State.
9. Funding: fund litigation, relating issues affecting a large body of women.
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 10. Reporting: make periodical reports on any issue pertaining to women and in particular various difficulties
under which women toil.
Drawbacks of National Commission for Women
• It has no actual legislative powers. It only has the powers to suggest amendments and submit reports which
are not obligatory on a state or Union Governments.
• It does not have the power to choose its own members. The power selecting members is vested with the
Union Government and the nature of the country’s volatile political scenario tends the commission to be
politicized.
• It is reliant on financial assistance from the Union Government and this could compromise the independence
of the Commission.
List of Women-Specific Legislation
There are multiple laws that have been passed for the safety and rights of women in India. Given below is a list of few
such laws:
• The Immoral Traffic (Prevention) Act, 1956
• The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)
• The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
• The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013
• The Criminal Law (Amendment) Act, 2013
• Protection of Women from Domestic Violence Act, 2005
• The Indecent Representation of Women (Prohibition) Act, 1986