Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission:
- 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.
- The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
- Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.
- Election Commission has complete authority on how, where, and when to conduct an election without any interference from the executive, whether it is general election or by-election.
Some Flaws In Ensuring Independence Of ECI
- Appointment:
- The Constitution has not prescribed any qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
- At present, the appointment is done unilaterally by the government of the day, which raises the potential for partisan appointments, thus diluting its credibility.
- 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
