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POLITY

Topic covered: Parliament and State Legislatures

Context

• The election for 17^thLokSabha concluded. National Democratic Alliance won the election.

Election in India

• India is a federation with a parliamentary system governed under the Constitution of India, which defines the power distribution between the union, or central, government and the states.
• The President of India is the ceremonial head of state, who is elected indirectly for a five-year term by an electoral college comprising members of national and state legislatures.
• The Prime Minister of India is the head of government and exercises most executive power. Appointed by the president, the prime minister is by convention supported by the party or political alliance having a majority of seats in the LokSabha or lower house of parliament.

Election Commission of India

• The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India.
• The body administers elections to the LokSabha, RajyaSabha, state Legislative Assemblies, state legislative Councils, and the offices of the President and Vice President of the country.
• Part XV of the Indian constitution deals with elections, and establishes a commission for these matters.
• Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the members.

Articles related to Elections

• Article 324- this article deals with superintendence, direction and control of elections to be vested in an Election Commission.
• Article 325 – This article directs no person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
• Article 326 – Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
• Article 327 – Power of Parliament to make provision with respect to elections to Legislatures.
• Article 328 – Power of Legislature of a State to make provision with respect to elections to such Legislature.
• Article 329 – Bar to interference by courts in electoral matters.

 Procedure of Removal

• Judges of High Courts and Supreme Court, CEC, Comptroller and Auditor General (CAG) may be removed from office through a motion adopted by Parliament on grounds of ‘Proven misbehaviour or incapacity’.
• Removal requires special majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
• The term ‘Impeachment’ is only used for removing the President which requires the special majority of 2/3rd members of the total strength of both the houses which is not used elsewhere.