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Election Commission of India: Roles, Authority and Reforms

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Role and Evolution of the Election Commission of India

Election Commission of India is an independent constitutional body responsible for administering the free and fair election system and process of both the Union and State elections of India, in order to uphold the true spirit of democracy.

  • Article 324 – 329, Part XV: deals with the powers, function, tenure, eligibility, etc. of the commission and the members.
  • Article 324: provides for an independent Election Commission for the ‘superintendence, direction and control of the electoral roll and conduct of the elections’ in India.

Election Commission is an all India body that conducts the elections to:

  • PARLIAMENT
  • STATE LEGISLATURE – ARTICLE 168-212 (PART VI-STATE)
  • Office of PRESIDENT
  • Office of VICE – PRESIDENT

Though in its inception it was a single member body from 1950 to 1989 and from 1990 to 1993, thereafter once again it became the multi-member body and has remained to cope with the increased work of the Election Commission.

Objectives and Mandate

  • To uphold the spirit of democracy and values enshrined in the Constitution.
  • To conduct free and fair elections.
  • To ensure participation of all eligible citizens in the electoral process.
  • To engage with political parties and all stakeholders in the interest of the electoral process.
  • To promote awareness about the electoral process and electoral governance.

Composition and Authority

Since its inception, the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.

  • Composition: The Election Commission consists of the chief election commissioner and such number of other election commissioners, determined by the President.
  • Appointment: The President appoints Chief Election Commissioner and Election Commissioners.
  • The President may also appoint regional commissioners after consultation with the election commission.
  • Chief Election Commissioner: acts as the chairman of the election commission when other election commissioners are appointed.
  • Conditions of Service and Tenure: shall be determined by the PRESIDENT OF INDIA.
  • Equal Status and Remuneration: The Chief Election Commissioner and the two other Election Commissioners enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
  • Collective Decision-Making Authority: The Chief Election Commissioners and the two Election Commissioners have equal powers to take all decisions relating to elections as a collective body.
  • Resolution of Differences: In case of difference of opinion, the matter is decided by the Commission by majority.

Key Functions and Duties

  • Determines the territorial area of the electoral constituencies in accordance with the Delimitation Commission Act.
  • Prepares electoral rolls and revises them from time to time.
  • Notifies the schedule of the election.
  • Receives and scrutinizes the nomination papers from all the candidates in the elections.
  • Registers political parties, providing election symbols and grants recognition to them.
  • Provides the status of national or state parties to the political parties on the basis of their performance.
  • Resolves disputes regarding recognition of political parties and allotment of symbols.
  • Ensures that the Model Code of Conduct (MCC) is followed by all parties and candidates.
  • Advises the President and Governor on matters relating to the disqualification of members.
  • Supervises election machinery in order to ensure free and fair elections.
  • Cancels polls in the event of irregularities and wrongdoings during an election.

Independence 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 on the basis of a resolution passed by both Houses on grounds of ‘Proved misbehaviour or incapacity’.
  • The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
  • Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.

Challenges and Criticisms

  • Absence of Prescribed Qualifications: The Constitution has not prescribed legal, educational, administrative or judicial qualifications for members.
  • Undefined Term Limits: The Constitution has not specified the term of the members of the Election Commission.
  • Post-Retirement Appointments: Retiring commissioners are not debarred from further government appointments.
  • Increase in Electoral Malpractices: Influence of money, criminal elements, and freebies (e.g. Namo TV, ASAT mission biopics) have increased.
  • Abuse of Power by State Governments: Large-scale transfers on the eve of elections and misuse of official resources flouting MCC.
  • Inadequate Regulation: Not equipped to enforce inner-party democracy and regulation of party finances.
  • Erosion of Independence: Growing impression of the ECI becoming less independent of the Executive.
  • Lack of Transparency: Selection process of CEC and commissioners is based on the choice of the presiding government.
  • EVM & Bonds: Concerns over EVM malfunctions/hacking and the Opaque Electoral Bond System defeat transparency principles.

Criteria for Recognition as a National Party

A party is recognized if it fulfills at least one of the following:

  • Secures six percent of valid votes in any four or more states AND wins four seats in the Lok Sabha.
  • Wins two per cent of seats in the Lok Sabha (from at least three states).
  • Is recognized as a state party in four states.
Aam Aadmi Party (AAP)

Recognised as national party in 2023 (Delhi, Punjab, Goa, Gujarat). Secured 12.92% votes in Gujarat and 6.8% in Goa.

National People’s Party (NPP)

Recognised in 2019. First from North East. State party in Arunachal, Manipur, Nagaland & Meghalaya.

Note: National recognition of NCP, TMC, and CPI has been withdrawn. The EC has no power to de-register political parties.

Role in Shaping Electoral Reforms (Part XV)

  • Article 324-329: One general electoral roll for every territorial constituency used for both center and state.
  • Equality of Franchise: Abolished communal representation and separate electorates.
  • Adult Franchise: 61st Amendment Act 1988 reduced voting age from 21 to 18 years.
Criteria Conditions to Vote
1Citizen of India
218 years of age
3Not disqualified (Non-residence, Unsound Mind, Crime, Corrupt/Illegal practice)

Representation of the People Acts (RPA)

The conduct of free and fair elections is the sine-qua-non of democracy. ECI is the watchdog of these processes.

RPA, 1950

  • Allocation of seats and delimitation of constituencies.
  • Qualification of voters.
  • Methodology of preparation of electoral rolls.
  • Manner of filling seats in Council of States.

RPA, 1951

  • Methodology for conduct of elections to Houses of Parliament and Legislatures.
  • Qualifications and disqualifications for membership.
  • Corrupt practices and offences.
  • Decisions on doubts and disputes.
  • Registration of Political Parties and By-elections.

Recent Cases related to RPA 1951:

  • 1. Hate Speech: Delhi Election {RPA Section 123(3A)}.
  • 2. Electoral Bonds: Only parties registered under Section 29A are eligible to receive bonds (transparency mechanism).
  • 3. Paid News: Section 10A and Section 77 used to contain paid news menace.