Election Commission

The Election Commission of India (ECI) stands as the guardian of the democratic process in the world’s largest democracy. Established on January 25, 1950, under the provisions of the Constitution of India, the Election Commission plays a pivotal role in ensuring free, fair, and transparent elections across the nation. Its significance transcends mere administrative function; it embodies the very essence of democracy by upholding the principles of electoral integrity, impartiality, and inclusivity

The Constitution under Article 324 empowers the Election Commission of India with authority over the conduct of elections for parliamentary, state legislative, presidential, and vice-presidential offices. Operating as a national entity, the Commission oversees elections for both the Central and State governments. It’s essential to clarify that the Commission doesn’t handle municipal and panchayat elections, which are managed by separate State Election Commissions as mandated by the Constitution.

Appointment of ECI

From its establishment in 1950 until October 15, 1989, the Election Commission operated with a single member, the Chief Election Commissioner (CEC). However, following the lowering of the voting age to 18 on October 16, 1989, the president appointed two additional election commissioners to handle the increased workload. This transformed the Election Commission into a three-member body. However, in January 1990, the two additional posts were abolished, reverting the Commission to its original single-member structure.

A similar adjustment occurred in October 1993 when the president reinstated the two additional election commissioner positions, once again making the Election Commission a three-member body. The Chief Election Commissioner and the two other commissioners possess equal powers and receive the same emoluments, including salaries equivalent to those of Supreme Court judges.

In situations where there’s a disagreement among the Chief Election Commissioner and/or the other commissioners, the Commission settles the matter by a majority decision. Commissioners hold office for a term of six years or until they reach the age of 65, whichever comes first. They also retain the option to resign or be removed from office before the end of their term.

Composition of Election Commission

Article 324 of the Constitution outlines the composition of the Election Commission as follows:

The Chief Election Commissioner and other Election Commissioners are appointed by the President.
When additional Election Commissioners are appointed, the Chief Election Commissioner assumes the role of the Commission’s Chairman.
The President may appoint regional commissioners to aid the Commission, after consulting with it as necessary.
The President determines the tenure of office and service conditions for all commissioners.

Independence of the Election Commission

Article 324 of the Constitution of India ensures the independence and impartial functioning of the Election Commission.
The Chief Election Commissioner enjoys security of tenure and can only be removed from office in a manner similar to that of a Supreme Court judge, requiring a resolution passed by both Houses of Parliament with a special majority based on proved misbehavior or incapacity.
The Chief Election Commissioner is not subject to removal at the President’s pleasure but is appointed by the President.
The service conditions of the Chief Election Commissioner cannot be altered to his disadvantage after appointment.
Removal of any other Election Commissioner or Regional Commissioner can only occur upon the recommendation of the Chief Election Commissioner.
Despite constitutional safeguards, certain flaws exist:
The Constitution does not specify the qualifications (legal, educational, administrative, or judicial) required for Election Commission members.
The Constitution does not define the term of office for Election Commission members.
Retiring Election Commissioners are not barred from further government appointments.

Powers of Election Commission of India

Establishing electoral constituencies’ boundaries nationwide as per the Delimitation Commission Act enacted by Parliament.
Compiling and regularly updating electoral rolls to include all eligible voters.
Announcing election schedules and scrutinizing nomination papers.
Recognizing political parties and assigning them election symbols.
Resolving disputes regarding party recognition and symbol allocation.
Appointing officials to investigate electoral disputes.
Establishing a code of conduct for political parties and candidates during elections.
Planning media campaigns to publicize party policies during elections.
Providing advice to the President on MP disqualification matters and to Governors on MLA disqualification matters.
Canceling elections in cases of booth capturing, rigging, or other irregularities.
Requesting staff requisition from Governors or the President for election operations.
Overseeing election machinery nationwide to ensure fair conduct.
Advising the President on extending emergency period in states under Presidential rule after one year.
Registering political parties and granting them national or state party status based on electoral performance.
The Commission is supported by Deputy Election Commissioners, who are civil servants appointed by the Commission for a fixed term. They are assisted by secretaries, deputy secretaries, joint secretaries, and under-secretaries within the Commission’s secretariat.

Functions of Election Commission

Overseeing the entire electoral process for Parliament, State Legislatures, as well as the offices of the President and Vice-President of India.
Determining election schedules for both general and bye-elections to ensure timely and orderly conduct.
Selecting polling station locations, assigning voters, deciding counting center locations, and managing all related logistics.
Compiling and updating electoral rolls, including issuing Electronic Photo Identity Cards (EPIC) to voters.
Recognizing political parties and allocating election symbols, while also resolving disputes related to party recognition.
Setting limits on campaign expenditure per candidate for political parties and monitoring compliance.
Providing advice on post-election disqualification matters concerning sitting members of Parliament and State Legislatures.
Issuing the Model Code of Conduct for elections to ensure fair practices and prevent misuse of power by incumbents.

Importance of Election Commission

Since 1952, the Election Commission has effectively managed both national and state elections, actively encouraging greater public participation.
The Commission has instilled discipline among political parties by threatening derecognition for failure to maintain inner-party democracy.
It upholds constitutional values such as equality, equity, impartiality, independence, and the rule of law in overseeing electoral governance.
The ECI ensures elections are conducted with utmost credibility, fairness, transparency, integrity, accountability, autonomy, and professionalism.
In the electoral process, it promotes the participation of all eligible citizens within an inclusive and voter-friendly environment.
The Election Commission engages with political parties and other stakeholders to safeguard the integrity of the electoral process.
It educates stakeholders, including political parties, voters, election officials, candidates, and the general public, to enhance confidence and trust in the electoral system.

Challenges faced by Election Commission

Rising violence and electoral misconduct driven by financial influence have led to the criminalization of politics, a trend the ECI struggles to curb.
The Election Commission lacks sufficient authority to regulate political parties effectively, particularly in enforcing inner-party democracy and overseeing party finances.
The ECI’s independence from the Executive branch is diminishing, affecting its reputation and perceived impartiality.
Allegations regarding malfunctioning and hacking of Electronic Voting Machines (EVMs), as well as concerns about vote registration accuracy, undermine public trust in the Election Commission.

In conclusion, amidst the ongoing concerns regarding Electronic Voting Machines (EVMs), the Election Commission must prioritize building trust among the populace by expanding the implementation of Voter Verifiable Paper Audit Trail System (VVPATs) across constituencies. Additionally, the ECI faces the challenge of remaining vigilant against potential collusion within lower levels of civil and police bureaucracy, particularly favoring the ruling party.

Addressing recommendations from the 2nd Administrative Reforms Commission (ARC), establishing a collegium led by the Prime Minister for appointments to key positions within the Election Commission could enhance transparency and credibility in the electoral process. Moving forward, it is imperative for the ECI to navigate these challenges while upholding its commitment to ensuring free, fair, and transparent elections in the world’s largest democracy.