Election Commission of India – Indian Polity Notes

Election Commission of India is a Constitutional Body, which was established with the purpose of conducting free and fair elections in the country.

It is a permanent body, and any amendment to its powers requires constitutional amendment under Article 368 of the Indian Constitution.

Article 324 of the Indian Constitution

• An Election Commission is an All-India Constitutional body, common to both Union and States.
• While the Election Commission doesn’t deal with the elections of the Panchayats and Municipalities, it ensures free and fair elections at the Union and State Level.
• The Election Commission has the power to direct, supervise, and control the elections to the Parliament (Lok Sabha & Rajya Sabha), State Legislatures, and the Office of President/Vice-President of India.

Election Commission of India – Important Articles

Article	Description
Article 324	Election Commission can supervise, direct, and control elections of the Parliament, State Legislature, President Office, and Vice-President Office
Article 325	No person can be denied to be included in, or claims to be included in a special, electoral roll on grounds of caste, sex, race, or religion.
Article 326	The basis for the elections to the House of the People (Lok Sabha) and the State Legislatures would be Adult Suffrage.
Article 327	According to this Article, the Parliament has the power to make provisions with respect to elections to the Legislatures.
Article 328	According to this article, the State Legislature has the power to make a provision with regards to the elections to the State Legislature.
Article 329	Article 329 states that there is bar to the courts interfering in the electoral matters.

Election Commission of India – Constitutional Appointment (History and Present)

From the inception of the Election Commission in 1950 till 15th October 1989, the Chief Election Commissioner (CEC) was the sole member of the Election Commission.

• With the 61st Constitutional Amendment Act of the Constitution, 1989, the voting age to the Lok Sabha and Legislative Assembly elections was reduced from the prior 21 years to 18 years.
• It was then that two more election commissioners were appointed by the President.
• After this, the Election Commission became a multi-member body, with the Chief Election Commissioner and two other Election Commissioners.
• The multi-member body became single-member again, when the two posts of election commissioners were eliminated in January 1990.
• Again, in October of 1993, the President appointed two more Election Commissioners.
• Since then, the Election Commission has remained a multi-member body with 3 commissioners.
• The Chief Election Commissioner (CEC) and the other two Election Commissioners (ECs) have the same powers and emoluments & salaries, as the Judge of the Supreme Court.
• In case of difference of opinion between the CEC and the other two ECs, the matter is decided by a majority.
• The term of office of the members is 6 years or 65 years of age, whichever is earlier.
• The secretariat of the commission is located in New Delhi.

Removal of the Members of the Election Commission of India

• The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge by Parliament.
• Other Election Commissioners cannot be removed from the office, except on the recommendation of the Chief Election Commission.

Composition of Election Commission of India

According to the Article 324, the following are the provisions with regards to the composition of Election Commission of India:

• The Chief Election Commissioner and Other Election Commissioners are appointed by the President.
• The Regional Commissioners are appointed as and when required to assist the Commission by the President. This is done after the consultation with the Election Commission.
• The tenure of office and conditions of service of the commissioners are decided by the President.

Powers, Functions, and Responsibilities of Election Commission of India

The Election Commission is a permanent Constitutional body which was established in accordance with the Indian Constitution provisions under Article 324, on 25th January 1950.

• The Election Commission of India has the power to supervise, direct, and control the entire electoral process with regards to the Union or State Elections.

With respect to the elections of the offices of the Parliament, State Legislature, President, and the Vice-President, the powers and functions are divided into:

• Administrative
  • Determines territorial areas of the Electoral Constituencies
  • Prepares electoral rolls
  • Schedules and notifies dates of elections
  • Grants recognition to political parties and their symbols
  • Established code of conduct in times of elections etc.
• Advisory
  • Advises the President and Governor on matters relating to disqualifications of MPs and MLAs
  • Advises the President on whether elections in a state with a President Rule for more than a year can be held
  • Advises Judiciary (SC & HC) in matters relating to post-election disputes
• Quasi-judicial
  • Settles disputes over recognition of political parties and their symbols.

Independence of the Election Commission

To make sure that the Election Commission is functioning in an independent and impartial manner, the Constitution of India under Article 324 has mentioned certain safeguard measures. These are as summarized:

• The Chief Election Commissioner (CEC) is provided with security of tenure.
  • This means that he can only be removed from his office in the same manner and grounds as the judge of the Supreme Court.
  • That is, for his removal, a resolution has to be passed to that effect by both the Houses of the Parliament with a Special Majority, on the grounds of proven misbehavior or incapacity.
  • After this, the CEC can be removed by the President.
• Thus, although the President appoints the CEC, he doesn’t hold the office during the pleasure of the President.
• Further, the service conditions of the CEC cannot be varied to his disadvantage after his appointment.
• The other Election Commissioners or Regional Commissioners can only be removed from office on the recommendation of the CEC.

Certain issues

• There are no prescribed qualifications – legal, education, judicial, or administrative for the members of the Election Commission.
• The Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any further appointment by the government.

What are the responsibilities and powers of the Election Commission of India?

The following are the responsibilities and powers of the Election Commission of India:

• The Election Commission determines the Electoral Constituency territorial areas throughout India on the basis of Delimitation Commission Act.
• It prepares and revised the Electors rolls and list of registered voters.
• It notifies the dates and schedules of the upcoming elections.
• It scrutinizes nomination papers of the candidates.
• It grants recognition to various political parties.
• It allocates election symbols to the various political parties.
• It enquires all kinds of disputes arising in the electoral arrangements and appoints officers for this purpose.
• It ensures that the Code of Conduct is followed by the political parties and candidates during elections.
• It also plans and executes promotional campaigns and programs for publicizing policies of the political parties in the media.
• Advise the President on matters concerning the disqualification of MPs.
• Advise the Governor on matters concerning the disqualifications of MLAs.
• Takes actions like canceling polls in cases of unfair election practices like booth capturing.
• The Election Commission can request the President or Governor to provide for requisite staff for conducting elections.
• It supervises the election machinery and ensures free and fair elections.
• It surveys the situation on ground in case of a state with Presidential rule, and advises the President on whether elections can be held in the state.
• It grants the political parties the status of National or State Political party, on the basis of poll performance.

Functions of Election Commission of India

1. Direct and control the election process of Parliament, State Legislature, President and Vice-President
2. Decide election schedules – general or bye-elections
3. Decide polling station locations
4. Assign voters to polling stations
5. Decide on location of counting centres
6. Prepare electoral roll
7. Issue Electronic Photo Identity Card (EPIC)
8. Grant recognition to political parties
9. Allocate symbols to political parties
10. Settle election related disputes
11. Set limit of campaign expenditure per candidate to all political parties and monitor the same
12. Advise post-election disqualification terms of sitting MPs/MLAs
13. Issues Model Code of Conduct to be followed
14. Ensure free and fair election with no abuse of power

Importance of Election Commission of India

• Ensures greater participation of people in the elections
• Bring discipline among political parties
• Support values preserved by the Indian Constitution like equality, impartiality
• Conduct transparent, free, fair, voter-friendly elections
• Create awareness about electoral process among the population
• Enhance trust in the political process among stakeholders like voters, political parties, electoral functionaries and candidates

Initiatives taken by the Election Commission of India

• C-Vigil: To maintain integrity of the election process
• SVEEP: Systematic voter’s education and electoral awareness program.
• ECI’s Media Certification and Monitoring Committee: to curb misinformation and hate speech by candidates

Measures announced by Election Commission in 2019 to ensure impartial elections

• Directed State Bodies to appoint nodal officers to keep a check on fakenews menace during the times of elections
• Implemented Code of Ethics on internet platforms in collaboration with Internet and Mobile Association of India (IAMAI)
• Increased transparency by identity and location verification of political advertisers
• Disclosure of candidates social media accounts and expenditure
• Pre-Certification of political ads by the ECI’s Media Certification and Monitoring Committee

Election Commission of India – Recent Developments

According to the Supreme Court ruling, serving bureaucrats shouldn’t be appointed as Election Commissioners.

• This is to ensure that independence of the office of Election Commissioners is maintained.

Supreme Court’s Ruling:

• Independent persons and not government employees should be appointed as Election Commissioner.
• Directed the State government to comply with the constitutional scheme of independent and fair election commissions.
• Before being appointed as a member of the State Election Commission, if the person is already employed by the Government, they have to resign from the position first

What are some challenges faced by the Election Commission?

1. Risk of electoral violence, malpractices, money-backed influence on results have increased the criminalization of politics
2. Lack of power to regulate internal party democracy among the different political parties
3. Lack of resources to keep a check on party finances
4. Influence of the executive from the party in power
5. Controversies among EVM Malfunctioning in the recent times

Some issues jeopardizing the independence of the Election Commission

1. Appointment Issues: No prescribed qualification for members of the Election Commission, and since the appointment of Election Commission is done by the Government in power, it questions credibility of the Commission being non-partisan.
2. Security of tenure: No specific term of the members of the Election Commission, and other Election Commissioners not having the same security of tenure like the Chief Election Commissioner.
3. Further Appointments: No debar of the Election Commissioners from holding post-retirement appointments
4. Financial autonomy: Budget of the Election Commission is not charged on the Consolidated Fund of India which reduces its independence and autonomy.
5. Conflict with Parliament: Even though the Election Commission has absolute power under Article 324, it still has to comply with the acts made by the Parliament.
   1. Example: While the Election Commission can register political parties under Section 29A of the Representation of People’s Act, 1951 (RPA), it has no power to de-recognize it.

Way Forward

• Constitutional protection to all members of the Election Commission
• Senior most Election Commissioner should be automatically elevated to the position of Election Commissioner.
  • This would ensure reduced executive’s interference towards the independent functioning of the commission.
• Independent secretariat in charge of the Election Commission.
• Expenditure of the Election Commission be charged on the Consolidated Fund of India like UPSC.
• More powers to ECI to be able to disqualify members post-election and in case of defection
• Fulfilling the demand for Section 58A in RPA to deal with money-power in elections.
• The idea of a collegium consisting of Prime Minister, Leader of Opposition, and Chief Justice of India for the appointment of the Election Commissioners can be debated upon.
  • It was a recommendation given by the Law Commission in the 255th report.

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