Why in News?
The Election Commission of India told the Supreme Court that it should be given the power to make rules under the electoral law, instead of the Centre.
FACTS FOR PRELIMS
According to the EC Rulemaking authority under the Representation of the People Act 1950 and Representation of the People Act, 1951, should be conferred on the Election Commission, instead of on the Central government, which should, however, be consulted by the Election Commission while framing any rule.
Article 324 of the Constitution provides that the power of superintendence, direction, and control of election to parliament, state legislature, the office of the President of India and the office of Vice President shall be vested in the election commission.
The EC consists of Chief Election Commissioner and such number of other election commissioners, as the President may from time to time fix.
Since 1993 the EC has been functioning as a multi-member body comprising of three election commissioners.
Appointment and Tenure
They are appointed by the President. They hold office for a term of 6 yrs or until they attain the age of 65 yrs.
The Chief election commissioner is provided with a security of tenure. He cannot be removed from office except in the 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 the 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.
Any other election commissioner, cannot be removed from office except on the recommendation of the Chief Election Commissioner.