Make your own free website on Tripod.com

A Model of New Constitution For India

ELECTION COMMISSIONS OF BHARAT AND STATES
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

Enter subhead content here

 

PART  XI

ELECTION COMMISSIONS OF BHARAT AND STATES

Election Commission of Bharat

231.            There shall be an Election Commission of Bharat comprising of the Chief Election Commissioner and Four other Election Commissioners of Bharat.

232.            (1) Chief Election Commissioner and Four other Election Commissioners of Bharat shall be appointed, minimum for three years, and maximum for five years, by the President by warrant under his hand and seal on the basis of the recommendations by a Committee comprised of the Prime Minister, Leader of the Opposition in the Lok Sabha, from the five names for each office forwarded by the National Judicial Commission, after satisfaction on merit.

(2) In case Committee comprised of the Prime Minister and Leader of the Opposition in the Lok Sabha could not agreed for a single name, the President shall appoint one of them as the Chief Election Commissioner or the Election Commissioner of Bharat purely in considerations of the merit.

(3) The age of a person, to be appointed as a judge of Supreme Court, shall not be more than 60 years, at the time of appointment and shall not hold such office after attainment of the age of 65 years.

(1)     A person shall not be qualified for appointment as a Chief Election Commissioner or Election Commissioner of Bharat, unless he is Origin born Bharatiya, and to be qualified to be appointed as a Judge of Supreme Court, provided he never have any connections with any ideology of any political party.

(2)     Chief Election Commissioner or Election Commissioner of Bharat can be removed by the Full Bench of National Judicial Commission, on the basis of enquiry and investigation made by a judicial committee constituted for the purpose, consisting of one Supreme Court Judge and two Chief Justices of different High Courts.

(3)     Chief Election Commissioner or Election Commissioner of Bharat shall not contest any election of any office referred under this Constitution and shall not plead or act in any Court or accept any other job or assignment, in India or abroad, at least for five years from his retirement or resignation or removal.

(4)     Every person Chief Election Commissioner or Election Commissioner of Bharat shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following manner: -

" I,   A.B., having been appointed Chief Election Commissioner or Election Commissioner of Bharat swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws."

(8)  Violation of the Oath taken by a Chief Election Commissioner or Election Commissioner of Bharat  evident his incompetence to continue as a Supreme Court Judge.

 

233.    Salaries. etc., of Chief Election Commissioner or Election Commissioner of Bharat.

The justified salaries, all privileges, allowances and pension for the Chief Election Commissioner or Election Commissioner of Bharat, shall be equal as of the Supreme Court Judge.

 

234.  Powers of the Election Commission of Bharat.

An appeal shall lie to the Supreme Court from any Judgment, decree or final order of a High Court in the territory of Bharat, whether in a civil, criminal or other proceeding, that the case involved a substantial question of law as to the interpretation of this Constitution.

 

Election Commission of State(s)

235.            There shall be an Election Commission in each State

comprising of the Three Election Commissioners of the State(s).

 

236. Amongst three Election Commissioners in a State, one by rotation shall act as Chairman of the State Election Commission.

 

237. Three Election Commissioners in the each State shall be appointed by the Governor of the respective State from a penal of five names for each office forwarded by the Election Commission of Bharat.

 

238.                                   The age of a person, to be appointed as an Election Commissioner of a State, shall not be more than 55 years, at the time of appointment and shall not hold such office after attainment of the age of 60 years.

 

239.      A person shall not be qualified for appointment as a Election Commissioner of a State, unless he is Origin born Bharatiya, and to be qualified to be appointed as a Judge of High Court, provided he never have any connections with any ideology of any political party.

 

240.   Election Commissioner of a State can be removed by the Full Bench of State Judicial Commission, on the basis of enquiry and investigation made by a judicial committee constituted for the purpose, consisting of two Chief Justices and one Judge from different High Courts.

 

241.   Election Commissioner of State, shall not contest election for any office referred under this Constitution and shall not plead or act in any Court or accept any other job or assignment, in India or abroad, at least for five years from his retirement or resignation or removal.

 

242.  Every person having appointed as the Chief Election Commissioner or Election Commissioner of Bharat, before he enters upon his office, shall make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following manner: -

" I,   A.B., having been appointed Election Commissioner of ………………….(name of the State) swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws."

 

243.            Violation of the Oath taken by a Chief Election Commissioner or Election Commissioner of Bharat evident his incompetence to continue as a Supreme Court Judge.

 

DUTIES OF THE ELECTION COMMISSIONS OF BHARAT AND OF THE STATES.

 

244. (1) The free and fair elections for any office referred under this Constitution shall be duty of the Election Commission of Bharat.

(2)   Election Commissions of the States shall function under direct supervision of the Election Commission of India.

(1)                The Election Commission of Bharat shall not take any    

Policy decision, if two Election Commissioners put on speaking objections against it.

(5)     The administrative matters should be divided amongst all

Members of the Election Commission of Bharat, under a Policy decision of the Commission and every member of the Election Commission of Bharat shall act accordingly.

 

Appeal against order of the Election Commission of Bharat.

245.       Appeal can be filed before Supreme Court of India against

a order of the Election Commission of Bharat, within 60 days from such order.

 

Appeal against any order of the Election Commission of a State.

246.  Appeal against any order of the Election Commission of a State shall be filed before the Election Commission of Bharat, within 60 days from such order, which shall be disposed off and appropriate speaking order should be passed by the Election Commission of Bharat, in expedite manner.

 

Election Petitions Before the Election Commission of Bharat.

247.  (1) A Election Petition in respect to any Election for the office of the President, Vice-President, Member of Lok Sabha or Rajya Sabha, or Office Bearers of a National Political Party shall be presented before the Election Commission of Bharat, within 30 days from the date of respective Election.

(2)        Within 15 days from the date of receipt of any Election Petition, the Election Commission of Bharat shall produce all related documents with regards to the respective Election Petition and its own finding along with original Election Petition before the Supreme Court of India for its disposal.

 

Election Petition before the Election Commission of a State.

248.  (1) A Election Petition in respect to any Election for the State Legislature, or Office Bearers at State Political Party or of a National Political Party at the State Level, shall be presented before the Election Commission of Bharat, within 30 days from the date of respective Election.

(2)Within 15 days from the date of receipt of any Election Petition, the Election Commission of State shall produce all related documents with regards to the respective Election Petition, its own finding along with original Election Petition before the High Court of respective State for its disposal.

Enter supporting content here

TRUTH SHALL PREVAIL