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Election Commissioner of India

From Wikipedia, the free encyclopedia

Election Commissioner of India
since 14 March 2024
TypeElection Commissioner
StatusDeputy Head of the Election Commission of India
Reports toParliament of India
SeatNirvachan Sadan, New Delhi, India
AppointerPresident of India
Term length6 years or at the age of 65 (whichever is earlier)
Inaugural holder
  • V.S. Seigell
  • S. S. Dhanoa
Salary250,000 (US$3,000)
WebsiteElection 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

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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.[2] The Election Commission was once again made as a three member body on 1 October 1993.[3]

Role and powers

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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.[2] 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.[2]

Appointment and term of office

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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.[2]

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.[2] 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

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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 250,000 (US$3,000) plus allowances.[7][8][9]

Composition

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Composition of Election Commission
Designation Name Took office Left office
Chief Election Commissioner[10] Rajiv Kumar 15 May 2022 18 February 2025
Election Commissioners[1] Gyanesh Kumar 14 March 2024 26 January 2029
Sukhbir Singh Sandhu 14 March 2024 5 July 2028

List of Election Commissioners

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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 78 days
S. S. Dhanoa 16 October 1989 2 January 1990 78 days
G.V.G. Krishnamurty 1 October 1993 30 September 1999 5 years, 364 days
Ashok Lavasa 23 October 2018 31 October 2020 1 year, 313 days
Anup Chandra Pandey 9 June 2021 14 February 2024 2 years, 250 days
Arun Goel 19 November 2022 9 March 2024 1 year, 111 days

See also

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References

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  1. ^ a b "Gyanesh Kumar, Sukhbir Singh Sandhu take charge as Election Commissioners". The Indian Express. 15 March 2024. Retrieved 17 March 2024.
  2. ^ a b c d e "Election, FAQ". Government of India. Retrieved 1 December 2023.
  3. ^ "About ECI". Election Commission of India. Archived from the original on 4 January 2012. Retrieved 9 September 2017.
  4. ^ "SC refuses to stay new law on appointment of CEC and ECs, issues notice to Centre". The Economic Times. 13 February 2024. Retrieved 1 April 2024.
  5. ^ Ram, N. (31 January 2009). "Chief Election Commissioner Gopalaswami 'recommends' removal of Navin Chawla". The Hindu. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  6. ^ "President rejects Gopalaswami's report against Navin Chawla". The Hindu. 2 March 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  7. ^ a b "Election Commission (Condition Of Service Of Election Commissions And Transaction Of Business) Act, 1991". Vakil No. 1. Archived from the original on 23 January 2013. Retrieved 17 September 2012.
  8. ^ "THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958 with amendments" (PDF). India Code. 8 June 2024. Retrieved 8 June 2024.
  9. ^ "THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) ACT, 2023" (PDF). India Code. 8 June 2024. Retrieved 8 June 2024.
  10. ^ "Rajiv Kumar formally takes over as 25th Chief Election Commissioner". The Times of India. 19 May 2022. Retrieved 1 December 2023.
  11. ^ "Former Election Commissioners". Election Commission of India. Retrieved 25 November 2022.
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