What makes the election commission independent and how?

Ans: Election Commission (EC) is obliged to conduct Free & Fair election related to Parliament, State Assemblies, office of the President and Vice-President. As the task assigned to it is vital, so Independence of the Commission is paramount to perform its duties up to the mark and up to the expectation of the people.

The following Provisions ensure its independence:

 Constitutional Power: EC is a constitutional body and under Article 324 it has been assigned with Superintendence, Direction and Control of Elections.

 Security of tenure: EC enjoys security of tenure. It simply means, it can’t be manipulated or intimated as per the wish of Executive or Govt. of the Day. The Chief Election Commissioner can be removed only on the ground of proved misbehavior or incapacity by a special majority of both the houses of parliament separately.

 The salary of Chief Election Commissioner is Charged (not Voted in the parliament) on the consolidated fund of India.

 His salaries, allowances and pensions cannot be reduced except during a financial emergency.

 He is ineligible to hold any office of profit under the State after his retirement. Further, he is also ineligible to hold any office of profit under the State after his retirement. This provision ensures that he can’t be lured by the Govt. with any future employment under the state.

 Prohibition of Court’s Interference in Electoral Matters: Even the Judiciary is not empowered to interfere in ordinary electoral matter.

The above provisions ensures Independence of the Election Commission


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