FAQ                                                                                                                                                                   1  2

Q 1. Which authority conducts elections to the offices of the President and Vice-President of India ?

Ans. Election Commission of India (ECI)

Under Article 324(1) of the Constitution of India the Election Commission of India, interalia, is vested with the power of superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952 and the rules made thereunder.

Q 2. Which authority conducts elections to Parliament?

Ans. Election Commission of India (ECI)

The same Article 324 also vests in the Commission the powers of superintendence, direction and
control of the elections to both Houses of Parliament. Detailed provisions are made under the
Representation of the People Act, 1951 and the rules made thereunder.

Q 3. Which authority conducts elections to the State Legislative Assemblies and Legislative Councils

Ans. Election Commission of India (ECI)s

Article 324 (1) also vests in the Commission the powers of superintendence, direction and control
of the elections to both Houses of the State Legislature. Detailed provisions are made under the
Representation of the People Act, 1951 and the rules made thereunder.

Q 4. Which authority conducts elections to Corporations, Municipalities and other Local Bodies ?

Ans. The State Election Commissions (SECs)

The State Election Commissions constituted under the Constitution (Seventy-third and Seventy-fourth) Amendments Act, 1992 for each State / Union Territory are vested with the powers of conduct of elections to the Corporations, Muncipalities, Zilla Parishads, District Panchayats, Panchayat Samitis, Gram Panchayats and other local bodies. They are independent of the Election Commission of India.

Q 5. What is the present composition of the Election Commission?

Ans. A Three - Member Body

At present, the Election Commission of India is a three-member body, with one Chief Election
Commissioner and two Election Commissioners.

Q 6. Has the Election Commission been a multi-member body from the beginning?

Ans. No.

It was not a multi member body from the beginning. It was a single - member body when it was first set up in 1950 and up to 15th October, 1989 with only the Chief Election Commissioner. From 16th October, 1989 upto the 1st January, 1990, it became a three-member body with Shri R.V.S.Peri Sastri (C.E.C) and Shri S.S.Dhanoa and Shri V.S.Seigell as Election Commissioners. From 2nd January, 1990 to 30th September, 1993, it was a single-member Commission and again from 1st October, 1993 it has become a three-member Commission.

Q 7. What is the status Chief Election Commissioner and the Election Commissioners in terms of salaries and allowances etc.?

Ans. Equivalent to Supreme Court Judges.

The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India as provided for by the Chief Election Commissioner and other Election Commissioners (Conditions of Service )Rules, 1992

Q 8. What is the term of office of the Chief Election Commissioner? Is it different from the Election Commissions?

Ans. The Chief Election Commissioner or an Election Commissioner holds office for a term of six years from the date on which he assumes his office. However, where the Chief Election Commissioner or an Election Commissioner attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate his office on the the date on which he attains sixty-five years of age.

Q 9. When the Commissioner becomes a multi-member Commission, how are the decisions taken,
whether by majority or by consensus?

Ans. Section 10 of the Chief Election Commissioner and other Election Commissioners (Conditions
of Service) Amendment Act, 1993 is reproduced below :-
(1) The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.
(2) Save as provided in sub section (i) all business of the Election Commission shall, as far as possible, be transacted unanimously.
(3) Subject to the provisions of sub-section (ii), if the Chief Election Commissioner and other
Election Commissioners differ in opinion on any matter, such matter shall be decided by according
to the opinion of the majority.

Q 10. Who appoints the Chief Election Commissioners and Election Commissioners?

Ans. The President.

Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint the Chief Election Commissioner and the Election Commissioners.

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