Election Commission of India: Guardian of Democracy and Electoral Integrity

Election Commission of India (ECI)

The Election Commission of India, a constitutional body, stands as a corner stone of Indian democracy. Through free, fair and transparent Elections in India, it ensures that the voice of the Indian populace is heart through the ballot.

Know About Election Commission of India (ECI)

• The Election Commission of India (ECI) is a permanent and independent established by the Constitution of India to ensure free and fair elections in the country.
  • Since it is established directly under the provisions of the Constitution, it is a Constitutional Body.
• The ECI is an All-India body in the sense that it is common to both the Central and the State governments.
• The Constitution vests the Election Commission of India (ECI) with the power of superintendence, direction, and control of elections to
  • Parliament – Lok Sabha and Rajya Sabha
  • State Legislatures – State Legislative Assembly and State Legislative Council (if exist)
  • Office of President of India
  • Office of Vice-President of India
• It is to be noted that the ECI is not concerned with conducting elections to Panchayats and Municipalities in the States.
  • For this purpose, the Constitution of India provides for a separate State Election Commission in each State.

Composition of Election Commission of India

Article 324 of the Constitution has made the following provisions about the composition of the Election Commission of India:

• It shall consist of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may from time to time fix.
• The appointment of CEC and other ECs shall be made by the President.
• When any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as the Chairman of the ECI.
• The President may also appoint after consultation with the ECI such Regional Commissioners (RCs) as he may consider necessary to assist the ECI.
• The conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be determined by the President (subject to any related law made by the Parliament).

Appointment of Members of ECI

In Anoop Baranwal vs Union of India Case (2023), the Supreme Court gave the following directions to ensure the independence and neutrality of the Election Commission:

• Appointment of the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) shall be made on the recommendations of a three·member committee consisting of the following:
  • The Prime Minister,
  • The Leader of the Opposition in the Lok Sabha and
  • The Chief Justice of India.
• The grounds for removal of the other Election Commissioners should be the same as that of the Chief Election Commissioner i.e., on the like grounds as a Judge of the Supreme Court subject to the recommendation of the Chief Election Commissioner.

In response to Anoop Baranwal vs Union of India Case Judgement, the Government of India passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Salient Features ofChief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023:

• The Chief Election Commissioner and the Election Commissioners are appointed by the President of India on the recommendation of a three-membered Selection Committee consisting of:
• The Prime Minister of India
• A Union Minister nominated by the Prime Minister
• The Leader of Opposition (LoP) in the Lok Sabha
• A Search Committee headed by the Cabinet Secretary suggests five names to the Selection Committee. The Selection Committee is not bound to these name suggestions and may consider any person other than those suggested by the Search Committee.

Term of Members of ECI

According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner and the Election Commissioners hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier.

Resignation of Members of ECI

According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner and the Election Commissioners can resign at any time by writing to the President.

Removal of Members of ECI

Removal of the Chief Election Commissioner

• The Chief Election Commissioner can be removed in the same manner and on the same grounds as a judge of the Supreme Court.
  • In other words, he/she can be removed by the President on the basis of a resolution passed to that effect by both Houses of Parliament with a Special Majority, either on the grounds of proved misbehaviour or incapacity.

Removal of Election Commissioner and Regional Commissioners

• Any other Election Commissioner or a Regional Commissioner is removed from office on the recommendation of the Chief Election Commissioner.
  • Thus, the protection of security of tenure, which is available to the Chief Election Commissioner, is not available to the other Election Commissioners.

Salary and Allowances of the Members of the ECI

• According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner (CEC) and two Election Commissioners (ECs) receive equal salaries, allowances, and other prerequisites that are similar to those of the judge of the Supreme Court.

Powers and Functions of ECI

The powers and functions of the Election Commission of India can be classified into three categories as explained below

Administrative Functions

• to determine territorial areas of electoral constituencies based on the Delimitation Commission Act of Parliament.
• to prepare and periodically revise electoral rolls and to register all eligible voters.
• to notify the dates and schedules of elections and to scrutinize nomination papers.
• to grant recognition to political parties and allot election symbols to them.
• to determine the Model Code of Conduct (MCC).
• to prepare a roster for publicity of policies of political parties on radio and TV.
• to cancel polls in the event of rigging, booth capturing, etc.
• to request the President or Governor to requisition the staff necessary for conducting elections.
• to supervise the machinery of elections throughout the country to ensure free and fair elections.
• to register political parties for elections and grant them the status of national or state parties based on their poll performance.

Advisory Functions

• to advise the President on matters relating to disqualifications of members of Parliament.
• to advise the Governor on matters relating to disqualifications of members of the State Legislature
• to advise the President whether elections can be held in a State under the President’s Rule.

Quasi-Judicial Functions

• to act as a court for settling disputes related to granting recognition to political parties and allotment of election symbols to them.
• to appoint officers to inquire into disputes relating to electoral arrangements.

Critical Analysis

Election Commission of India is one of the most favorite institution of India as CSDS survey in 2019 found that many people who voted in the general Election because they believed that ECI has done something remarkable for sustenance of democracy in India and it is their duty to go for voting in order to further strengthen the roots of democracy.

Even Election Commission of India showed its strong character and conducted free and fair Elections since the very beginning. After Mohinder Singh Gill v/s Chief Election Commissioner Case, ECI never looked back.

However, in recent years, ECI has also come under serious criticism.

P. Thiaga Rajan in his article Election Commission of India: Malafide or merely incompetent? argues that Election Commission of India is also liable to suffer from political interference due to issues with appointment procedure. The ECI’s power to enforce its decisions & punish offenders is limited.

Saba Naqvi & T. K. Raja Lakshmi argue that ECI has become a politically biased institution which was visible during 2024 Election as ECI sent more notices to opposition parties for violations and censuring them more severely vis-à-vis ruling party. Many a times Election Commission of India has gone soft on PM Modi’s communal utterances.

The Election Commission of India (ECI) stands as a bulwark of democracy, ensuring the sanctity of electoral processes and upholding the democratic ideals enshrined in the Constitution. With its unwavering commitment to free and fair elections, the ECI plays a pivotal role in fostering political participation, safeguarding the rights of citizens, and strengthening the democratic fabric of the nation. Necessary steps should be taken to enhance its independence and give more teeth to it.

Conclusion

The Election Commission of India (ECI) is a cornerstone of Indian democracy, ensuring the integrity of elections and fostering trust in the democratic process. While it has consistently demonstrated its commitment to free and fair elections, challenges such as political interference and limited enforcement powers highlight the need for reforms to further enhance its independence and effectiveness. Strengthening the ECI will not only reinforce India’s democratic fabric but also ensure greater accountability and transparency in the electoral process.

Preferred UPSC Questions

GS Paper II (Governance, Constitution, Polity):

• Analyze the constitutional provisions under Article 324 that empower the Election Commission of India.
• How does the appointment process of Election Commissioners ensure the independence of the Election Commission of India? Critically evaluate.
• Discuss the significance of the Supreme Court’s judgment in the Anoop Baranwal vs. Union of India case for the functioning of the ECI.

GS Paper I (Society):

• Examine how the Election Commission of India contributes to fostering participatory democracy and addressing voter apathy in India.
• Evaluate the societal impact of free and fair elections on India’s pluralistic society.

GS Paper III (Internal Security):

• Discuss the role of the Election Commission of India in preventing electoral malpractice and ensuring security during elections.
• How does the ECI contribute to maintaining the integrity of the democratic process amidst challenges like fake news and social media manipulation?

GS Paper IV (Ethics, Integrity, and Aptitude):

• Highlight the ethical dilemmas faced by the Election Commission of India in ensuring impartiality during elections.
• Examine the importance of transparency and accountability in the ECI’s functioning for upholding democratic values.