Constitutional bodies are institutions or organisations that are established by the constitution of a country and are responsible for carrying out specific functions related to governance and administration. These institutions are established to guarantee that specific vital government functions are conducted autonomously and without bias. They are often granted special powers and autonomy to carry out their duties and are usually headed by individuals who are appointed through a transparent and rigorous process.

Examples of constitutional entities comprise Election Commissions, the Comptroller and Auditor General, the Union Public Service Commission, and the Attorney General, among others. These organizations typically enjoy protection from political influence and possess a considerable degree of independence to fulfill their duties. The constitution of a nation usually delineates the powers, roles, and structure of these entities.

Election Commission of India

The Election Commission of India (ECI) is a constitutional authority that operates independently and is tasked with overseeing the administration of electoral processes across India. Founded in 1950, the ECI is responsible for conducting fair and transparent elections for the Lok Sabha, Rajya Sabha, State Legislatures, as well as for the offices of the President and Vice-President of India. It functions under the authority of the Constitution of India, committed to upholding democratic principles and maintaining the integrity of the electoral system in the country. The Constitution of India under Part-XV (Article 324-329) provides for the permanent and independent body called Election Commission of India.

Constitution and composition of Election Commission of India

The Election Commission of India was founded on January 25, 1950, in accordance with constitutional provisions.

• Constitutional provision: According to Article 324, the Constitution states that the election commission must be made up of a chief election commissioner and any other commissioners as designated by the President over time. 
• Multi-member body: Initially, the commission consisted of only one election commissioner, but in 1989, it was expanded to a multi-member organization with a chief election commissioner and two additional election commissioners. Although two posts were eliminated in 1990, two more election commissioners were appointed again in 1993 by the President. Since that point, the election commission has functioned as a multi-member body.

It is essential to note that the number of election commissioners can be altered by presidential notification, rather than through parliamentary legislation.

Appointment and Tenure of Election Commissioners in India

• Appointment by President: The chief election commissioner (CEC) and other election commissioners (ECs) are appointed by the President of India.
• Tenure: They serve a term of six years or until they reach the age of sixty-five, whichever comes first.

The Constitution itself does not provide any qualifications for the post of election commissioners.  Article 324 stipulates that the President will determine the terms of service and tenure of commissioners through rules. 

Removal of Election Commissioners in India

• For CEC: Chief election commissioner shall not be removed from his/her office except in the manner and on the like grounds as judge of Supreme Court. i.e. on the resolution passed to that effect by both houses of parliament with a special majority and on grounds of ‘proved misbehaviour or incapacity’.
• For ECs : For election commissioners, they can only be removed from office based on the Chief Election Commissioner’s recommendations. No specific grounds for their removal are provided by constitution.

Salaries, Allowances and Equal Authority of Election Commissioners in India

• Equal salaries: In accordance with the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, both the Chief Election Commissioner and other election commissioners will receive an equal salary along with allowances and benefits similar to those given to a Supreme Court judge.
• Equal powers: The legislation also established that the Chief Election Commissioner and other election commissioners will possess equal authority. In case of difference of opinion amongst the chief election commissioner and other election commissioners, the matter will be decided by majority.

Powers and Functions of Election Commission of India

The Constitution of India grants the Election Commission the responsibility for the oversight, direction, and management of the entire electoral process for elections to Parliament, State Legislatures, and for the offices of President and Vice-President. The powers and functions of the commission are as follows:

Administrative functions of the Election Commission of India

• Electoral roll: According to Article 325 and 326 of constitution of India, no person shall be ineligible for inclusion in electoral roll on basis of religion, race, caste or sex and elections should be on the basis of universal adult suffrage. Hence, it is the duty of the election commission to prepare, maintain and periodically update electoral rolls.
• Elections related functions : The commission’s powers and responsibilities include several functions related to elections, such as announcing election dates, declaring results, reviewing nomination papers, monitoring the functioning of EVMs, organizing polling places, determining counting center locations, and managing arrangements for polling and counting stations. 
• Delimitation of constituencies: The Election Commission of India defines the geographical boundaries of electoral constituencies across the country based on the Delimitation Commission Act of Parliament.
• Functions related to political parties: Election Commission register political parties, grant recognition to political parties, confer them status of national/state parties and provide election symbols to them. It also ensures a fair environment for political parties by strictly enforcing the Model Code of Conduct. The Commission also holds periodic consultation with parties related to elections, compliance of model code of conduct and new measures to ensure inner party democracy.

Advisory functions of the Election Commission of India

In addition to its administrative duties, the Election Commission also has advisory responsibilities, such as:

• Disqualification of members: Under article 103 of the constitution, the election commission has advisory jurisdiction on matters of disqualification of members of Parliament and state legislatures mentioned in article 102 and article 191 respectively. It advises the President and Governor on such matters.
• Extension of President’s rule: Providing certification to extend President’s Rule (concerning constitutional failure) declared under Article 356 beyond one year, which is necessary when elections cannot be held in a specific state..
• Corrupt practices: In cases of persons found guilty of corrupt practices, which come before Supreme Court and high courts, Election Commission is referred for its opinion.

Quasi-Judicial Functions of the Election Commission of India

The commission also performs some quasi-judicial functions like:

• Recognition of parties: It acts as a court for settling disputes related to granting of recognition to splinter groups within political parties and allotting symbols to them. Recently, the commission alloted the ‘Bow and Arrow’ symbol to the Shinde-faction within the Shiv Sena party. The commission, in this case, was deciding on a dispute between two factions of the Shiv Sena party.
• Cancellation of polls: It can cancel the polls in the events of rigging, booth capturing, violence and other irregularities. For instance, the commission in 2016 cancelled polling in two legislative assembly seats in Tamil Nadu due to excessive use of money for bribing the voters.
• Disqualification of candidates: The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within time and in the manner prescribed by law. For instance, the commission banned 88 candidates in Kerala from contesting elections for three years due to their failure to lodge electoral expenses within stipulated time.