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10. The governor can appoint a commission to examine and
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report on any matter relating to the administration of the
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autonomous districts or regions. He may dissolve a district
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or regional council on the recommendation of the
|
commission.
|
Table 41.1 Tribal Areas at a Glance (2019)
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States Tribal Areas
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1. Assam 1. The North Cachar Hills District.
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2. The Karbi Anglong District.
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2. Meghalaya 1. Khasi Hills District.
|
2. Jaintia Hills District.
|
3. The Garo Hills District.
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3. Tripura Tripura Tribal Areas District.
|
4. Mizoram 1. The Chakma District.
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2. The Mara District.
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3. The Lai District.
|
Table 41.2 Articles Related to Scheduled and Tribal Areas at a
|
Glance
|
Article No. Subject-matter
|
244. Administration of Scheduled Areas and Tribal
|
Areas
|
244A. Formation of an autonomous state comprising
|
certain tribal areas in Assam and creation of local
|
legislature or Council of Ministers or both therefore
|
339. Control of the Union over the administration of
|
Scheduled Areas and the welfare of Scheduled
|
Tribes
|
Table 41.3 Parliamentary Laws Related to the Fifth and Sixth
|
Schedules of the Constitution
|
Sl. Acts Provisions
|
No.
|
1. Lushai Hills District Renamed the Lushai Hills District
|
(Change of Name) as the Mizo District. The Lushai
|
Act, 1954 Hills District was one of the six
|
autonomous districts in the tribal
|
areas of Assam specified in the
|
Sixth Schedule of the Constitution.
|
2. Government of Amended the Sixth Schedule of the
|
Union Territories constitution to include certain
|
(Amendment) Act, autonomous districts and
|
1971 autonomous regions of the Union
|
Territory of Mizoram.
|
3. Repealing and Repealed certain enactments and
|
Amending Act, 1974 amended certain other enactments.
|
It also substituted the words “cattle
|
pounds” for “cattle ponds” in the
|
Sixth Schedule of the Constitution.
|
4. Fifth Schedule to the Empowered the President of India:
|
Constitution (i) to increase the area of any
|
(Amendment) Act, Scheduled Area in a State after
|
1976 consultation with the Governor of
|
that state; and (ii) to rescind any
|
order made for the designation of
|
an area in any state to be a
|
Scheduled Area, or in consultation
|
with the Governor of the State
|
concerned, make fresh order
|
redefining the area which is to be a
|
Scheduled Area.
|
5. Sixth Schedule to Included certain modifications in the
|
the Constitution Sixth Schedule of the Constitution
|
(Amendment) Act, in its application to the States of
|
1988 Tripura and Mizoram. These (i)
|
provided that the Governors shall
|
act in their discretion in the
|
discharge of some of their
|
functions; (ii) made provisions
|
relating to the application of Acts of
|
Parliament and the State
|
Legislatures to autonomous
|
districts and autonomous regions;
|
and (iii) provided for a time-limit in
|
making over the share of royalties
|
to the District Councils.
|
6. Sixth Schedule to Included certain modifications in the
|
(Amendment) Act, in its application to the State of
|
1995 Assam. These (i) provided that the
|
District Council constituted for the
|
North Cachar Hills District shall be
|
called as the North Cachar Hills
|
Autonomous Council and the
|
District Council constituted for the
|
Karbi-Anglong District shall be
|
called as the Karbi-Anglong
|
Autonomous Council; (ii) made
|
provisions for the additional powers
|
of the North Cachar Hills
|
Autonomous Council and the Karbi-
|
Anglong Autonomous Council to
|
make laws; and (iii) made it
|
mandatory for the Governor to
|
consult the North Cachar Hills
|
Autonomous Council or the Karbi-
|
Anglong Autonomous Council, as
|
the case may be, in the exercise of
|
his discretionary powers.
|
7. Sixth Schedule to Included certain modifications in the
|
the Constitution Sixth Schedule of the Constitution
|
(Amendment) Act, in its application to the State of
|
2003 Assam. This was done to meet the
|
aspirations of the Bodos in Assam
|
and in pursuance of the
|
Memorandum of Settlement signed
|
between the Central Government,
|
the Government of Assam and
|
Bodo Liberation Tigers (BLT) on
|
10–02-2003 for a durable solution
|
to the Bodo issues. In this context,
|
the Act made the following
|
provisions : (i) specified the
|
Bodoland Territorial Areas District in
|
autonomous selfgoverning body
|
known as the Bodoland Territorial
|
Council (BTC) within the state of
|
Assam; (iii) vested the council with
|
legislative, administrative and
|
financial powers in respect of
|
specified subjects; and (iv) provided
|
for adequate safeguards for the
|
non-tribals in the BTC area.
|
NOTES AND REFERENCES
|
1. At present (2019), ten states of India have scheduled
|
areas. These are: Andhra Pradesh, Telangana,
|
Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh,
|
Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
|
2. M.P. Jain, Indian Constitutional Law, Wadhwa, Fourth
|
Edition, 1987, p. 236.
|
3. Ibid, p. 237.
|
4. Presently (2019), there are a total of ten tribal areas.
|
See Table 41.1.
|
5. The power of direction, in this regard, lies either with the
|
president or governor. Thus, in the case of Assam, it lies
|
with the Governor, both in respect of acts of Parliament
|
or state legislature. In the case of Meghalaya, Tripura
|
and Mizoram, it lies with the president in respect of acts
|
PART-VII
|
CONSTITUTIONAL BODIES
|
42. Election Commission
|
43. Union Public Service Commission
|
44. State Public Service Commission
|
45. Finance Commission
|
46. Goods and Services Tax Council
|
47. National Commission for SCs
|
48. National Commission for STs
|
49. National Commission for BCs
|
50. Special Officer for Linguistic Minorities
|
51. Comptroller and Auditor General of India
|
42 Election Commission
|
T
|
he Election Commission is a permanent and an
|
independent body established by the Constitution of India
|
directly to ensure free and fair elections in the country.
|
Article 324 of the Constitution provides that the power of
|
superintendence, direction and control of elections to parliament,
|
state legislatures, the office of president of India and the office of
|
vice-president of India shall be vested in the election commission.
|
Thus, the Election Commission is an all-India body in the sense
|
that it is common to both the Central government and the state
|
governments.
|
It must be noted here that the election commission is not
|
concerned with the elections to panchayats and municipalities in
|
the states. For this, the Constitution of India provides for a
|
COMPOSITION
|
Article 324 of the Constitution has made the following provisions
|
with regard to the composition of election commission:
|
1. The Election Commission shall consist of the chief election
|
commissioner and such number of other election
|
commissioners, if any, as the president may from time to
|
time fix.
|
2. The appointment of the chief election commissioner and
|
other election commissioners shall be made by the
|
president.
|
3. When any other election commissioner is so appointed, the
|
chief election commissioner shall act as the chairman of the
|
election commission.
|
4. The president may also appoint after consultation with the
|
election commission such regional commissioners as he
|
may consider necessary to assist the election commission.
|
5. The conditions of service and tenure of office of the election
|
commissioners and the regional commissioners shall be
|
determined by the president.
|
Since its inception in 1950 and till 15 October 1989, the election
|
commission functioned as a single member body consisting of the
|
Chief Election Commissioner. On 16 October 1989, the president
|
appointed two more election commissioners to cope with the
|
increased work of the election commission on account of lowering
|
of the voting age from 21 to 18 years.2 Thereafter, the Election
|
Commission functioned as a multimember body consisting of
|
three election commissioners. However, the two posts of election
|
commissioners were abolished in January 1990 and the Election
|
Commission was reverted to the earlier position. Again in October
|
1993, the president appointed two more election commissioners.
|
Since then and till today, the Election Commission has been
|
functioning as a multi-member body consisting of three election
|
commissioners.
|
The chief election commissioner and the two other election
|
commissioners have equal powers and receive equal salary,
|
allowances and other perquisites, which are similar to those of a
|
judge of the Supreme Court.3 In case of difference of opinion
|
amongst the Chief Election Commissioner and/or two other
|
election commissioners, the matter is decided by the Commission
|
by majority.
|
They hold office for a term of six years or until they attain the
|
age of 65 years, whichever is earlier. They can resign at any time
|
INDEPENDENCE
|
Article 324 of the Constitution has made the following provisions
|
to safeguard and ensure the independent and impartial
|
functioning of the Election Commission:
|
1. The chief election commissioner is provided with the security
|
of tenure. He cannot be removed from his office except in
|
same manner and on the same grounds as a judge of the
|
Supreme Court. In other words, he can be removed by the
|
president on the basis of a resolution passed to that effect
|
by both the Houses of Parliament with special majority,
|
either on the ground of proved misbehaviour or incapacity.
|
Thus, he does not hold his office till the pleasure of the
|
president, though he is appointed by him.
|
2. The service conditions of the chief election commissioner
|
cannot be varied to his disadvantage after his appointment.
|
3. Any other election commissioner or a regional commissioner
|
cannot be removed from office except on the
|
recommendation of the chief election commissioner.
|
Though the constitution has sought to safeguard and ensure
|
the independence and impartiality of the Election Commission,
|
some flaws can be noted, viz.,
|
1. The Constitution has not prescribed the qualifications (legal,
|
educational, administrative or judicial) of the members of the
|
Election Commission.
|
2. The Constitution has not specified the term of the members
|
of the Election Commission.
|
3. The Constitution has not debarred the retiring election
|
POWERS AND FUNCTIONS
|
The powers and functions of the Election Commission with regard
|
to elections to the Parliament, state legislatures and offices of
|
President and Vice-President can be classified into three
|
categories, viz,
|
1. Administrative
|
2. Advisory
|
3. Quasi-Judicial
|
In detail, these powers and functions are:
|
1. To determine the territorial areas of the electoral
|
constituencies throughout the country on the basis of the
|
Delimitation Commission Act of Parliament.4
|
2. To prepare and periodically revise electoral rolls and to
|
register all eligible voters.
|
3. To notify the dates and schedules of elections and to
|
scrutinise nomination papers.
|
4. To grant recognition to political parties and allot election
|
symbols to them.
|
5. To act as a court for settling disputes related to granting of
|
recognition to political parties and allotment of election
|
symbols to them.
|
6. To appoint officers for inquiring into disputes relating to
|
electoral arrangements.
|
7. To determine the code of conduct to be observed by the
|
parties and the candidates at the time of elections.
|
8. To prepare a roster for publicity of the policies of the political
|
parties on radio and TV in times of elections.
|
9. To advise the president on matters relating to the
|
disqualifications of the members of Parliament.
|
10. To advise the governor on matters relating to the
|
disqualifications of the members of state legislature.
|
11. To cancel polls in the event of rigging, booth capturing,
|
violence and other irregularities.
|
13. To supervise the machinery of elections throughout the
|
country to ensure free and fair elections.
|
14. To advise the president whether elections can be held in a
|
state under president’s rule in order to extend the period of
|
emergency after one year.
|
15. To register political parties for the purpose of elections and
|
grant them the status of national or state parties on the basis
|
of their poll performance5 .
|
The Election Commission is assisted by deputy election
|
commissioners. They are drawn from the civil service and
|
appointed by the commission with tenure system. They are
|
assisted, in turn, by the secretaries, joint secretaries, deputy
|
secretaries and under secretaries posted in the secretariat of the
|
commission.
|
At the state level, the Election Commission is assisted by the
|
chief electoral officer who is appointed by the chief election
|
commissioner in consultation with the state government. Below
|
this, at the district level, the collector acts as the district returning
|
officer. He appoints a returning officer for every constituency in the
|
district and presiding officer for every polling booth in the
|
constituency.
|
VISION, MISSION AND PRINCIPLES6
|
Vision
|
The Election Commission of India strives to be an Institution of
|
Excellence by enhancing active engagement, participation; and
|
deepening and strengthening electoral democracy in India and
|
globally.
|
Mission
|
The Election Commission of India maintains independence,
|
integrity and autonomy; ensures accessibility, inclusiveness, and
|
ethical participation of stakeholders; and, adopts highest
|
standards of professionalism for delivering free, fair, and
|
transparent elections to strengthen the trust in electoral
|
democracy and governance.
|
Guiding Principles
|
The Commission has laid down for itself guiding principles of good
|
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