Indian Polity — Constitutional Bodies:E lection Commission and CAG
1. Election Commission of India (ECI)
Establishment
- Article 324 deals with the Election Commission and other aspects related to it.
Major Objective
- ECI administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice-President in the country.
- It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution provides for a separate State Election Commission.
Composition
- The Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other election commissioners, if any, as the President may from time-to-time fix.
- Presently, it consists of the CEC and two Election Commissioners (ECs).
Qualification
- There is no specific qualification mentioned in the Constitution.
Appointment and Tenure
- The President appoints CEC and Election Commissioners as per the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
- They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
- The law provides that a CEC and other ECs be appointed from amongst persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and who are persons of integrity with knowledge of and experience in the management and conduct of elections.
- A panel comprising the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister to be nominated by the Prime Minister, shall recommend the name for the appointment to be made by the President.
- CECs and ECs shall not be eligible for re-appointment.
- The salary and conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary. Under the 1991 Act, it was equivalent to the salary of a Supreme Court Judge.
Removal and Resignation
- They can resign anytime or can also be removed before the expiry of their term.
- The CEC can be removed from office only through a process of removal similar to that of a SC judge by Parliament, while ECs can only be removed on the recommendation of the CEC.
ELECTION COMMISSION — KEY FACTS
- Article: 324
- Composition: CEC + 2 ECs (presently)
- Appointment: President (on recommendation of PM + LoP + Cabinet Minister panel)
- Tenure: 6 years or 65 years of age (whichever earlier)
- Removal of CEC: Like Supreme Court judge
- Removal of ECs: On recommendation of CEC
- Salary: Equivalent to Cabinet Secretary (under 2023 Act)
- Not Concerned: Panchayat and Municipality elections (State Election Commission)
2. Comptroller and Auditor-General (CAG)
Establishment
- Article 148 provides for an independent office of the Comptroller and Auditor-General of India (CAG).
Major Objective
- He/She is the guardian of the public purse and controls the entire financial system of the country at both the levels — the Centre and the state.
- His/Her duty is to uphold the Constitution of India and laws of Parliament in the field of financial administration.
Appointment and Tenure
- The CAG is appointed by the President by warrant under his hand and seal.
- The salary is determined by Parliament by law.
- He holds office for a period of six years or up to the age of 65 years, whichever is earlier.
Removal and Resignation
- He can be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court.
- He can resign at any time from his office by addressing the resignation letter to the President.
- He or she is not eligible for further office under both central as well as state government.
CAG — KEY FACTS
- Article: 148
- Appointment: President (by warrant)
- Tenure: 6 years or 65 years of age (whichever earlier)
- Removal: Same grounds and manner as SC judge
- Resignation: To President
- Role: Guardian of public purse
- Not Eligible: For further office under Centre or State
- Salary: Determined by Parliament
3. Comparison — CEC vs CAG
| Feature | Chief Election Commissioner (CEC) | Comptroller and Auditor-General (CAG) |
|---|---|---|
| Article | 324 | 148 |
| Appointment | President (on recommendation of panel) | President (by warrant) |
| Tenure | 6 years or 65 years | 6 years or 65 years |
| Removal | Like SC judge | Like SC judge |
| Resignation | To President | To President |
| Salary | Equivalent to Cabinet Secretary | Determined by Parliament |
| Role | Conducts elections | Guardian of public purse |
| Re-appointment | Not eligible | Not eligible for further office |
KEY DIFFERENCES
- CEC: Appointed by President on recommendation of PM + LoP + Cabinet Minister panel (2023 Act)
- CAG: Appointed by President by warrant
- CEC Salary: Equivalent to Cabinet Secretary (2023 Act)
- CAG Salary: Determined by Parliament
- Both: 6 years / 65 years tenure, removal like SC judge
4. Summary: Constitutional Bodies at a Glance
| Aspect | Election Commission | CAG |
|---|---|---|
| Article | 324 | 148 |
| Composition | CEC + 2 ECs | Single member |
| Appointment | President (panel recommendation) | President (warrant) |
| Tenure | 6 years / 65 years | 6 years / 65 years |
| Removal | Like SC judge (CEC) | Like SC judge |
| Salary | Cabinet Secretary | Determined by Parliament |
| Re-appointment | Not eligible | Not eligible for further office |
Key Takeaways for UPSC
- Election Commission: Article 324 — CEC + 2 ECs — Appointed by President (panel of PM + LoP + Cabinet Minister) — 6 years / 65 years — CEC removal like SC judge — Salary: Cabinet Secretary
- CAG: Article 148 — Guardian of public purse — Appointed by President by warrant — 6 years / 65 years — Removal like SC judge — Not eligible for further office
- CEC and Other ECs Act, 2023: Changed appointment process and salary of CEC/ECs
- State Election Commission: Separate body for Panchayat and Municipality elections
- CAG: "Friend, Philosopher, and Guide" of Public Accounts Committee
High-Yield Interactive UPSC Quiz (Constitutional Bodies)
Q1. The Election Commission of India is established under which Article?
Correct Answer: B. The Election Commission of India is established under Article 324 of the Constitution.
Q2. The Election Commission is NOT concerned with elections to:
Correct Answer: D. The Election Commission is not concerned with elections to Panchayats and Municipalities. A separate State Election Commission conducts these elections.
Q3. What is the tenure of the Chief Election Commissioner?
Correct Answer: B. The Chief Election Commissioner has a tenure of six years, or up to the age of 65 years, whichever is earlier.
Q4. The CAG is appointed by:
Correct Answer: B. The Comptroller and Auditor-General (CAG) is appointed by the President by warrant under his hand and seal.
Q5. The CEC can be removed from office in the same manner as:
Correct Answer: B. The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge.
Q6. Election Commissioners can be removed on the recommendation of:
Correct Answer: C. Election Commissioners can only be removed on the recommendation of the Chief Election Commissioner.
Q7. Under the CEC and Other ECs Act, 2023, the salary of CEC is equivalent to:
Correct Answer: B. Under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, the salary of CEC and ECs is equivalent to that of the Cabinet Secretary.
Q8. The CAG holds office for a period of:
Correct Answer: B. The CAG holds office for a period of six years or up to the age of 65 years, whichever is earlier.
Q9. The CAG is considered the:
Correct Answer: B. The CAG is the guardian of the public purse and controls the entire financial system of the country at both the Centre and state levels.
Q10. The CAG is NOT eligible for further office under:
Correct Answer: C. The CAG is not eligible for further office under both central as well as state government.