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SARITHA
ELECTION COMMISSION OF INDIA
The ECI is a self-governing constitutional authority that regulates the election process in India in
accordance with the Indian Constitution. The ECI was established on 25th Jan 1950, with the goal of
managing our country’s electoral process. The ECI is in charge of overseeing elections from the President
to such State Legislative Assembly. According to Article 324 of said Indian Constitution, the Election
Commission of India has supervisory and directing responsibility for the whole process of election to the
legislatures and legislatures of each and every state with India’s president and vice-president.
What is the Election Commission of India?
About:
The Election Commission of India (ECI) is an autonomous constitutional authority responsible for
administering Union and State election processes in India.
It was established in accordance with the Constitution on 25th January 1950 (celebrated as National
Voters' Day). The secretariat of the commission is in New Delhi.
The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India,
and the offices of the President and Vice President in the country.
It is not concerned with the elections to panchayats and municipalities in the states. For this, the
Constitution of India provides for a separate State Election Commission.
Constitutional Provisions:
o Part XV (Article 324-329): It deals with elections and establishes a commission for these
matters.
o Article 324: Superintendence, direction and control of elections to be vested in an
Election Commission.
o Article 325: No person to be ineligible for inclusion in, or to claim to be included in a
special, electoral roll-on grounds of religion, race, caste or sex.
o Article 326: Elections to the House of the People and to the Legislative Assemblies of
States to be based on adult suffrage.
o Article 327: Power of Parliament to make provision with respect to elections to
Legislatures.
o Article 328: Power of Legislature of a State to make provision with respect to elections
to such Legislature.
o Article 329: Bar to interference by courts in electoral matters.
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Structure of ECI:
Originally, there was only a single election commissioner on the commission, but thanks to the
ECI Amendment Act 1989, it is now a multi-member body
The commission was made by 1 chief election commissioner with 2 election commissioners
The election commission is assisted at the state level by the Chief Electoral Officer, who is an IAS
level Officer
They have a set six-year term, or until they reach the age of 65, whichever comes first
They have the same status, salary, and benefits as Supreme court judges of India
Removal from office:
Judges of the High Courts and the Supreme Court, as well as the CEC and the CAG, may be
removed from office by a resolution passed by Parliament on the basis of “proven misbehavior or
incapacity”
The term “impeachment” is not used in the Constitution to refer to the removal of judges, CAGs, and
CECs
The word “Impeachment” is exclusively used to remove the President, which needs a special
majority of two-thirds of the entire strength of both chambers and is not used anywhere
Appointment and tenure of commissioners:
The President of India appoints a chief election commissioner and election commissioners
6-year tenure for both election chief commissioners and commissioners and it’s up to 65 years
The elected commissioner is the only person who has the authority to dismiss the election
commissioner
Only the president, with the agreement of parliament, has the authority to dismiss the chief
election commissioner
Powers of ECI:
The powers of Election commissioners of India can be categorized into 3 types followed Administrative
Powers, Advisory Powers, and Quasi-judicial Powers
Administrative powers:
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The vital task of supervising, directing, and controlling the conduct of elections encompasses a wide
range of authorities, responsibilities, and activities; these are basically the administrative powers upon
the ECI Article 324 confers several tasks on the Commission, which could be powers or obligations,
mostly administrative, but also judicial or legislative in nature.
Advisory Powers:
In cases where a person is accused and convicted of any corrupt practices during an election, the
President of India makes the decision whether the same person must be disqualified from competing in
upcoming elections or not, and, if so, for how long. Before making a judgment in the event of such an
incident, the President obtains the advice of the ECI and may act in accordance with that advice
depending on the circumstances.
Quasi-Judicial Powers:
The Election Commission is also required by law to conduct another crucial job. All organizations or
groupings of persons calling themselves political parties and prepared to run for office under the name
and flag of a political party must register with ECI. The Supreme Court has ruled that the Election
Commission’s job of registering political parties is a quasi-judicial function done by ECI.
Role of ECI:
ECI is critical in the organization of elections. The ECI’s most important job is to conduct free elections
and fair elections in accordance with the regulations and the Model Rules of Ethics which is a code of
ethics. It is in response to monitoring political parties’ and candidates’ acts and activities.
The function of ECI:
ECI is in charge of ensuring a free and fair election
It makes certain that parties follow the Code Of Ethical Conduct
Regulates and registers political parties based on their eligibility to run in elections
All parties are encouraged to set a cap on campaign spending per candidate, which is monitored
All political parties are required to file yearly accounts to the Election commission of India in
order to collect the tax advantage on contributions
Ensures that almost all political parties produce audited financial reports on a regular basis
The Election Commission’s primary responsibilities are as follows
Supervise, control, and conduct all parliamentary and state legislative elections
Establish general election regulations
Make electoral rolls
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Determine the allocation of constituencies on a geographical basis
Give political parties credit
Election emblems should be assigned to political parties and candidates
Limitations:
The Constitution has not prescribed the qualifications (legal, educational, administrative or
judicial) of the members of the Election Commission.
The Constitution has not specified the term of the members of the Election Commission.
The Constitution has not debarred the retiring election commissioners from any further
appointment by the government.
Voting Procedure:
The voting is done by 3 methods according to area condition and person’s disability.These are EVM,
postal voting, and Electors with disabilities. EVM is nothing but Electronic Voting Machines which are
now used to take benefits of voting on a large scale.
CONSTITUTIONAL VALUES-II MS.SARITHA
In India, Public Service Commissions (PSCs) are constitutional bodies responsible for recruiting
candidates for government jobs, ensuring a fair and transparent process. The Union Public Service
Commission (UPSC) recruits for All India Services and Central Civil Services, while State Public Service
Commissions (SPSCs) recruit for state-level government jobs.
History of Public Service Commissions
Public Service Commission can be divided into three types in India such as Union Public Service
Commissions, State Public Service Commissions, and the Joint Public Service Commissions. The president
of India has the power to appoint the chairman and the members of the Union Public Service
Commissions. The Union Public Commissions of this county is a central agency. The State Public Service
Commissions were established under the provision of Indian constitution. The Public Service
Commission started its journey on 1st October 1926. The first chairman of the Public Service
Commission was Sir Ross Barker. According to the Lee Commission, among all the members of the
public service commissions, 40 percent should be British, 40 percent should be Indian and 20 percent
can be promoted from provincial services. The first chairman of the Public Service Commission in
independent India was H.B Gundappa Gowda in 1951. The government of India appointed a total of 13
chairmen and 67 members in the Public Service Commissions. Bengal Public Service Commission was
established in 1937. The first chairman of the public service commission of this state was Smt. Piyali
Sengupta.
There is no rule for the structure of the union public service commission in the Indian constitution. The
president of India has the power to make the structure of the union public service commission. The
president of India usually appoints around 9 to 11 members including the chairman for the union public
service commission. The members of the union public service commission have been appointed for 5
years. The members of the state public service commission have been appointed for 6 years. The
members of the UPSC and the SPSC can be removed only by the president of India and the Supreme
Court of India. Members cannot be employed after being removed. Regulations of public service
commission’s that should be changed have to be laid before the Parliament of India or the State
legislature.
Here's a more detailed explanation:
Key Functions of Public Service Commissions:
Recruitment:
PSCs conduct examinations and interviews to select candidates for various government positions.
Advisory Role:
They advise the President and Governor of states on matters related to recruitment rules.
Ensuring Merit-Based Recruitment:
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PSCs prioritize merit and qualifications in recruitment processes.
Maintaining Good Governance:
They play a crucial role in upholding the principles of fair and transparent recruitment, contributing to
efficient public administration.
What are Public Service Commissions?
1. As per Article 312 of the Indian Constitution, the Parliament is entitled to create one or more
All India services (including an All India Judicial Service) common to the Union and the States.
o The recruitment to all these services is made by the Union Public Service Commission
(UPSC).
o For administrative services at the state level, the recruitment is made by the State
Public Service Commission (SPSC).
2. The Union Public Service Commission (UPSC) is the central recruiting agency in India.
o It is an independent constitutional body.
The provisions regarding the composition of UPSC, appointment and removal of
its members and the powers and functions of UPSC are provided in Part XIV of
the Indian Constitution under Article 315 to Article 323.
3. Parallel to the UPSC at the Centre, there is a State Public Service Commission (SPSC) in the
state.
o The provisions regarding the composition of SPSC, appointment and removal of its
members and the powers and functions of SPSC are provided in Part XIV of the Indian
Constitution under Article 315 to Article 323.
What are the Constitutional Provisions?
Article 315: Constitution of Public Service Commissions (PSC) for the Union and for the States of
India.
Article 316: Appointment and term of office of members of UPSC as well as SPSC.
Article 317: Removal and suspension of a member of both the UPSC or SPSC.
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Article 318: Power to make regulations for the conditions of service of members and staff of the
Commission.
Article 319: Prohibition of holding the office by members of Commission upon ceasing to be
such members.
Article 320: States the functions of Public Service Commissions.
Article 321: Power to extend the functions of Public Service Commissions.
Article 322: Expenses of Public Service Commissions.
Article 323: Reports of Public Service Commissions.
What is the Composition of Union Public Service Commission?
Appointment of Members: The Chairman and other members of the UPSC are appointed by
the President of India.
Term of Office: Any member of the UPSC shall hold office for a term of six years or till the age
of 65 years, whichever is earlier.
Reappointment: Any person who has once held the office as a member of a Public Service
Commission is ineligible for reappointment to that office.
Resignation: A member of the Union Public Service Commission may resign from his/her office
by submitting the written resignation to the President of India.
Removal/Suspension of Members: The Chairman or any other member of UPSC shall only be
removed from his/her office by order of the President of India.
o The President can suspend the Chairman or any other member from his/her office in
respect of whom a reference has been made to the Supreme Court.
Conditions for Removal: The Chairman or any other member of UPSC may be removed if
he/she:
o is adjudged an insolvent.
o engages during his/her term of office in any paid employment outside the duties of
his/her office.
o is, in the opinion of the President, unfit to continue in office by reason of infirmity of
mind or body.
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Regulating the Conditions of Service: In the case of the UPSC, the President of India shall:
o Determine the number of members of the Commission and their conditions of service.
o Make provisions with respect to the number of members of the staff of the Commission
and their conditions of service.
Restriction of Power: The conditions of service of a member of UPSC shall not be amended
after his/her appointment that may lead to his/her disadvantage.
Power to Extend Functions: The Legislature of a State may provide for the exercise of additional
functions by the UPSC or the SPSC as respects the services of the Union or the State and also as
respects the services of any local authority or other body corporate constituted by law or of any
public institution.
Expenses of UPSC: The expenses of the UPSC including salaries, allowances and pensions of the
members or staff of the Commission are charged on the Consolidated Fund of India.
Submission of Reports: The UPSC shall present an annual report to the President of India
containing the work done by the Commission.
o The President shall provide a memorandum explaining the cases where the advice of
the Commission was not accepted.
The reasons for such non-acceptance are presented before each House
of Parliament.
What is State Public Service Commission?
Appointment of Members: The Chairman and other members of the SPSC are appointed by
the Governor of the State.
Term of Office: A member of the SPSC shall hold office for a term of six years or till the age of 62
years, whichever is earlier:
Reappointment: Any person who has once held the office as a member of a Public Service
Commission is ineligible for reappointment to that office.
Resignation: A member of a State Public Service Commission may resign from his/her office by
submitting the written resignation to the Governor of the State.
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Removal/Suspension of Members: The Chairman or any other member of SPSC shall only be
removed from his/her office by order of the President of India.
o The Governor of the state shall suspend the Chairman or any other member from
his/her office in respect of whom a reference has been made to the Supreme Court.
o The conditions for removal of members are the same as those of the UPSC.
Regulating the Conditions of Service: In the case of the SPSC, the Governor of the State
performs the same duties that are performed by the President of India in case of UPSC.
Restriction of Power: The conditions of service of a member of SPSC shall not be amended after
his/her appointment that may lead to his/her disadvantage.
Power to Extend Functions: The conditions for the power to extend functions are the same as
those of the UPSC.
Expenses of SPSC: The expenses of the SPSC are charged on the Consolidated Fund of the State.
Submission of Reports: The SPSC shall present the annual report of its work to the Governor of
the State.
o The Governor shall also provide a memorandum explaining the cases where the advice
of the Commission was not accepted.
The reasons for non-acceptance are presented before the Legislature of the
State.
What are the Eligible Appointments After End of Term of Service?
Chairman (UPSC): The Chairman of the UPSC shall be ineligible for any further
employment either under the Government of India or under the Government of a State.
o Chairman (SPSC): The Chairman of a SPSC shall be eligible for appointment as the
Chairman or any other member of the UPSC or SPSC, but not for any other employment
either under the Government of India or under the Government of a State.
Other Members (UPSC): A member of UPSC (other than the Chairman) shall be eligible for
appointment as the Chairman of UPSC or a SPSC
o He/She is not eligible for any other employment either under the Government of India
or under the Government of a State.
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Other Members (SPSC): A member of the SPSC (other than the Chairman) shall be eligible for
appointment as the Chairman or any other member of the UPSC or the SPSC.
o He/She is not eligible for any other employment either under the Government of India
or under the Government of a State.
What are the Functions of UPSC and SPSC?
Conducting Exams: It shall be the duty of the Union and the State Public Service Commissions to
conduct examinations for appointments to the services of the Union and the services of the
State respectively.
Assistance to SPSC: It shall be the duty of the UPSC to assist the States upon their request in
framing and operating schemes of joint recruitment for any services for which candidates
possessing special qualifications are required.
Consultations with the PSCs: The UPSC and SPSC shall be consulted:
o On all matters relating to methods of recruitment to civil services and for civil posts.
o In making appointments to civil services and posts and in promotions and transfers from
one service to another depending upon the suitability of candidates.
o On all disciplinary matters affecting a person serving under the Government of India or
the Government of a State.
o It shall be the duty of a Public Service Commission to advise on any matter referred to
them by the President of India or the Governor of the State.
What is Joint State Commission?
Constitution: As per Article 315 of the Indian Constitution, two or more States may agree that
there shall be one Public Service Commission for that group of States.
o The resolution to such an agreement shall be passed by each House of the Legislature
of each of the States.
Only then, the Parliament may by law provide for the appointment of a Joint
State Public Service Commission (JSPSC).
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Appointment of Officers: The Article 316 of the Indian Constitution states that the Chairman
and other members of JSPSC shall be appointed by the President of India.
o A member of Joint Commission shall hold the office for a term of six years or till the age
of 62 years, whichever is earlier
Resignation: Under Article 317, a member of a JSPSC may submit a written resignation to the
President of India to resign his/her office.
o The President is empowered to suspend the Chairman or any other member of the
Commission from his/her office after a reference about the same has been made to the
Supreme Court.
Powers: As per the Article 318 the President of India is empowered to:
o Determine the number of members of the Commission and their conditions of service
o Make provision with respect to the number of members and their conditions of service:
Reports: As per Article 323, it shall be the duty of the JSPSC to present the annual report to the
Governor of each of the States which have together formed the Commission.
o The Governor of each of the states is responsible for providing a memorandum
explaining the cases the advice of the Commission was not accepted
o The reasons for nonacceptance are laid before the Legislature of each of the States.
Why is UPSC important?
The full form of UPSC is Union Public Service Commission. You can only enter the administrative services
through the exam conducted by UPSC. So, UPSC plays an important role in recruiting the best candidates
as leaders of the country. UPSC also advises, solves issues, and maintains transparency in the
government. It also helps the state governments in times of crisis. UPSC thus plays a central role in the
working of the government. As students, you must know about history as well as the making of UPSC.
During the interview, you may be asked about UPSC. So, it is always safe to know and understand how
the entire system works. Furthermore, there is no harm in having extra knowledge. It will further add to
your current awareness. Also, UPSC has appointed Central Public Information Officers and Appellate
Authorities. This was done to provide details to public under RTI Act.
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Affirmative action refers to a set of policies and practices within a government or organization seeking to
increase the representation of particular groups based on their gender, race, sexuality, creed or
nationality in areas in which they are underrepresented such as education and employment
In India, affirmative action, also known as "preferential treatment" or "protective discrimination," is a
set of policies and practices designed to address historical discrimination and promote social justice by
providing preferential treatment to marginalized communities, particularly Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs). These policies aim to increase
representation in areas like education and employment where these groups are underrepresented.
Examples of Affirmative Action in India:
Reservations in Government Jobs:
A significant percentage of government jobs are reserved for SCs, STs, and OBCs, ensuring their
representation in the public sector.
Reservations in Educational Institutions:
A certain percentage of seats in government-run educational institutions are reserved for these
categories, promoting access to higher education for marginalized groups.
Reserved Constituencies:
Parliamentary and state legislative constituencies are reserved for SCs and STs, ensuring their political
representation in government.
What is the nature of Affirmative Action?
The nature of affirmative action policies varies from region to region and exists on a spectrum from a
hard quota to merely targeting encouragement for increased participation. Some countries use a quota
system, whereby a certain percentage of government jobs, political positions, and school vacancies must
be reserved for members of a certain group; an example of this is the reservation system in India.
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Historically and internationally, support for affirmative action has sought to achieve goals such as
bridging inequalities in employment and pay, increasing access to education, promoting diversity, and
redressing apparent past wrongs, harms, or hindrances.
Affirmative action refers to policies and programs designed to address past and present discrimination
by providing preferential treatment to historically disadvantaged groups, such as minorities and women,
in areas like education and employment. The goal is to create more equitable opportunities and address
systemic inequalities.
Key aspects of affirmative action:
Focus on disadvantaged groups:
Affirmative action aims to level the playing field for groups that have faced systemic discrimination in
the past.
Preferential treatment:
This can involve giving preference to qualified applicants from these groups in hiring and admissions, but
it does not necessarily mean unqualified individuals are chosen over more qualified ones.
Addressing systemic inequalities:
The purpose is to not only prevent discrimination but also to proactively address the consequences of
past discrimination.
Examples:
This can include programs like scholarships, grants, and hiring quotas for certain groups.
Debate and controversy:
Affirmative action is a subject of ongoing debate, with arguments both for and against its effectiveness
and ethical implications.
Historical context:
United States:
Affirmative action in the U.S. emerged from the Civil Rights movement and was formalized through
executive orders and legal rulings, according to Wikipedia.
India:
India has its own version of affirmative action, often called the "reservation system," which is aimed at
addressing caste-based discrimination.
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How is Affirmative Action Categorized in India
Affirmative actions in India can be categorized into 3 main dimensions, which are given below.
1. Appointment and promotion in government services.
2. Reservations in public education institutions.
3. Reservation of seats in Central and State legislatures.
Who Does Affirmative Action apply to?
Affirmative action refers to the set of policies of the Governments to support members of disadvantaged
groups that have historically faced discrimination in the areas of education, employment, housing and
respect in the society. The main goals of affirmative action are to bridge inequalities in access to
education, employment, equal pay, better standards of living.
What is an Example of Affirmative Actions?
In the Government-run education institutions, the Indian government provides reservations for SC, ST
and OBC students. To give them better political representation, constituencies are reserved for SC and
ST’s in proportion to their population. Reservation is provided in Public Sector Undertakings (PSU’s), civil
services, statutory bodies. Reservation is not provided in defence and judiciary.
What are the Implementation Issues of Affirmative Actions?
1. Quality of representation in legislature – Studies has indicated lower participation in the
legislative proceedings.
2. Data on justice-related matters showed that they were facing discrimination.
3. There is no time limit on reservation policies.
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