Election Commission of India is a permanent Constitutional Bod | Military Choice

Election Commission of India is a permanent Constitutional Body. Originally the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners.

Appointment of Commissioners: The power to appoint the CEC and the ECs lies with the President of India under Article 324(2) of the Constitution, which states that “the President shall fix the number of ECs in a manner he sees fit, subject to the provisions of any law made by Parliament”. Thus, Article 324(2) left it open for the Parliament to legislate on the issue.

Procedure: But, in the absence of any Parliamentary law governing the appointment issue, the ECs are appointed by the government of the day, without pursuing any consultation process. There is no concept of collegium and no involvement of the opposition.

Tenure of Commissioners: They have tenure of six years, or up to the age of 65 years, whichever is earlier. The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

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