UNIT 5

Election Commission

The Election Commission of India is an autonomous constitutional authority responsible for

Part XV of the Indian constitution deals with elections, and establishes a commission for
these matters. The Election Commission was established in accordance with the Constitution
on 25th January 1950. Article 324 to 329 of the constitution deals with powers, function,
tenure, eligibility, etc of the commission and the member.

The supervision of the Union and State election process in India is in the purview of the
Election Commission of India, an independent constitutional institution. The organisation is
responsible for overseeing elections for the President and Vice President of India as well as
the Lok Sabha, Rajya Sabha, and State Legislative Assemblies. Article 324 of the
Constitution grants the Election Commission authority to carry out its duties, and the
Representation of the People Act was subsequently passed.

The Constitution provides for the commission to have the authority to take necessary
measures where the laws that have been passed do not have enough provisions to address a
specific circumstance that may arise during the conduct of an election. The country's higher
courts, the Union Public Service Commission, and the Comptroller and Auditor General of
India are among the few institutions that operate with both autonomy and freedom. The
Election Commission is one of these few institutions because it is a constitutional body. It is
an ongoing constitutional entity

Structure of the Commission

Originally the commission had only one election commissioner but after the Election
Commissioner Amendment Act 1989, it has been made a multi-member body. The
commission consists of one Chief Election Commissioner and two Election Commissioners.
The secretariat of the commission is located in New Delhi. At the state level election
commission is helped by Chief Electoral Officer who is an IAS rank Officer.
The President appoints Chief Election Commissioner and Election Commissioners. They
have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy
the same status and receive salary and perks as available to Judges of the Supreme Court 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 for by Parliament.

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 Constitution
does not use the word ‘impeachment’, for the removal of the judges, CAG, CEC. 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

Functions

 Election Commission of India superintendents, direct and control the entire process of
conducting elections to Parliament and Legislature of every State and to the offices of
President and Vice-President of India.
 The most important function of the commission is to decide the election schedules for
the conduct of periodic and timely elections, whether general or bye-elections.
 It prepares electoral roll, issues Electronic Photo Identity Card (EPIC) It decides on
the location polling stations, assignment of voters to the polling stations, location of
counting centres, arrangements to be made in and around polling stations and
counting centres and all allied matters.
 It grants recognition to political parties & allot election symbols to them along with
settling disputes related to it.
 The Commission also has advisory jurisdiction in the matter of post election
disqualification of sitting members of Parliament and State Legislatures.
 It issues the Model Code of Conduct in election for political parties and candidates so
that the no one indulges in unfair practice or there is no arbitrary abuse of powers by
those in power. It sets limits of campaign expenditure per candidate to all the political
parties, and also monitors the same.
Importance of ECI for India

 The ECI has been successfully conducting national as well as state elections since
1952. In recent years, however, the Commission has started to play the more active
role to ensure greater participation of people.
 The Commission had gone to the extent of disciplining the political parties with a
threat of derecognizing if the parties failed in maintaining inner-party democracy. It
upholds the values enshrined in the Constitution viz, equality, equity, impartiality,
independence; and rule of law in superintendence, direction, and control over the
electoral governance.
 It conducts elections with the highest standard of credibility, freeness, fairness,
transparency, integrity, accountability, autonomy and professionalism.
 It ensures participation of all eligible citizens in the electoral process in an inclusive
voter-centric and voter-friendly environment.
 It engages with political parties and all stakeholders in the interest of the electoral
process.
 It creates awareness about the electoral process and electoral governance amongst
stakeholders namely, voters, political parties, election functionaries, candidates and
people at large; and to enhance and strengthen confidence and trust in the electoral
system of this country.

Major Challenges

 Over the years influence of money and criminal elements in politics has increased
along with violence and electoral malpractices resulting in criminalization of politics.
The ECI has been unable to arrest this deterioration.
 There has been rampant abuse of power by the state government who at times make
large-scale transfers on the eve of elections and posts pliable officials in key positions,
using official vehicles and buildings for electioneering, flouting the ECI’s 3/4 model
code of conduct. The ECI is not adequately equipped to regulate the political parties.
 The ECI has no power in enforcing inner-party democracy and regulation of party
finances. In the recent years, an impression is gaining ground that the Election
Commission is becoming less and less independent of the Executive which has
impacted the image of the institution.
 One of the major institutional drawback is non- transparency in election of CEC and
other two commissioners and is based on the choice of presiding government.
 There have been allegations of EVMs malfunctioning, getting hacked and not
registering votes which corrodes general masses trust from the institution.