History & Civics [3 Mark Question Answer]

The Election Commission’s independence is secured by the following provisions:

1. The Chief Election Commissioner shall not be removed from office except in a like manner as a judge of the Supreme Court. The other commissioners can not be removed from office except on the recommendation of the Chief Election Commissioner.
2. Their conditions of service shall not be varied to their disadvantage after their appointment.
3. It is the duty of the President or the Governor of a State to make available to the Commission such staff as may be necessary for the conduct of elections.

Terms of Office and Conditions of Service of the Chief Election Commissioner and other Commissioners.

1. The Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years. However, if the Chief Election Commissioner or an Election Commissioner has attained the age of 65 years, he shall vacate office on the date on which he attains the said age.
2. The Chief Election Commissioner and other Commissioners are paid a salary equal to the salary of a judge of the Supreme Court e., Rs. 30,000 per month. On retirement, they are entitled to a pension.
3. If the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.

The nomination of Candidates and the Scrutiny of Nominations: In order to be chosen as a member of the Rajya Sabha or the State Legislative Council, a person must be not less than 30 years of age. For election to the Lok Sabha or the State Legislative Assembly, a person should have attained the age of 25 years. A person is disqualified for being a member of any House on a number of grounds, such as being of unsound mind or holding an office of profit.
On the date fixed for scrutiny, the Returning Officer examines the nomination papers. He may reject any nomination if the candidates are not qualified for being chosen to fill the seat.

The Commission takes the following measures to ensure free and fair elections:

1. The Commission sends central observers to sensitive constituencies.
2. The Commission prescribes the code of conduct for the election campaigns.
3. The Commission creates conditions for a free and fair poll. Recent amendments to the Representation of the People Act provide severe punishment for booth-capturing.

Allotment of Symbols: The National and State level parties can have a reserved symbol for all the candidates nominated by them. The independent candidates can select any symbol out of a list of ‘Free Symbols’.
The purpose behind allotting symbols is that illiterate masses can not read the names of the candidates of their parties. It is easy for them to identify the symbols for electing candidates of their choice. Secondly ‘reserved symbols’ become so popular that the parties do not have to do canvassing for their candidates.

The Election Commission has given a wide range of power as Representation of the People (Amendment) Act, 1996. The functions and power of the Election Commission with respect to the conduct of elections to are given below:

1. Preparation of Electoral Rolls and Photo Identity Cards.
2. Registration and Recognition of Political Parties.
3. Allotment of Symbols etc.

For election to the Lok Sabha, the Security Deposit was raised in 1996 from Rs. 500 to Rs. 10,000 for the general candidates and from Rs. 250 to Rs. 5,000 for candidates belonging to SCs and STs. For Assembly elections, it was raised from Rs. 250 to Rs. 5,000 for the general candidates and from Rs. 125 to Rs. 2,500 for candidates belonging to SCs and STs. The security deposit of such candidates as having obtained less than one-sixth of the total number of votes is forfeited.

It was the Scheme of Communal Electorates that falls under the Indian Councils Act of 1909 introduced by the British Government. The Act provided for separate representation of the Muslim Community at the Center as well as in Provincial Legislatures. The Government of India Act, 1919 extended this privilege to the minorities such as the Sikhs, the Anglo-Indians, Europeans, and the Indian Christians. In due course of time, the Constitution of India abolished Communal Electorates.

People Elect their Rulers: It is through elections that Parliament and the State legislatures are constituted. The party or the parties which get the verdict in their favor form the government. The elected members of Parliament and State Legislative Assemblies elect the President of India. The Prime Minister and other ministers are appointed by the President. They are held responsible to the Lok Sabha. Thus it is through elections that various government structures are established and made functional.

Elections in a democracy are conducted according to the following principles:

1. Universal Adult Franchise,
2. The Secret Ballot, and
3. Electoral choice offered by competition between political parties or between many candidates.