Election Commission of India – Current Relevance of its Functions and Powers

18 Mar 2024 Election Commission of India – Current Relevance of its Functions and Powers

Source – The Hindu and PIB. 

General Studies – Indian Politics and Governance, Election Commission of India, Chief Election Commissioner, Election Commissioner, Appointment, Service Conditions and Tenure of Chief Election Commissioner Bill 2023, Ministry of Law and Justice, Selection Committee for Appointment of Election Commissioners, Leaders Opposition. 

 

Why in the News ?

 

• Recently the Election Commission of India has released the dates for the upcoming 18th Lok Sabha General Election 2024.
• According to Rajiv Kumar, Chief Election Commissioner of the Election Commission of India, the general elections for the upcoming Lok Sabha will be conducted in seven phases and in a total of 44 days.
• The counting of votes for the general elections for the 18th Lok Sabha will be completed on 04 June 2024.
• Recently, Election Commissioner of India Arun Goyal resigned from the post of Election Commissioner even before the announcement of the dates of Lok Sabha elections to be held in India in the year 2024.
• Anup Chandra Pandey, the second Election Commissioner of India, retired from his post on 14 February 2024.
• After meeting with Prime Minister Narendra Modi and Law Minister Arjun Meghwal to fill the vacancies of Election Commissioners arising out of the retirement of Election Commission of India Anup Chandra Pandey and resignation of Arun Goyal, senior Congress leader Adhir Ranjan Chowdhury said that ‘ The names of former IAS officers Gyanesh Kumar and Dr. Sukhbir Singh Sandhu have been finalized for the new election commissioners.
• Recently the Central Government has announced the names of two Election Commissioners. A three-member selection committee headed by Prime Minister Narendra Modi has appointed former IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu as the new Election Commissioners in the Election Commission. The Central Government has also issued a notification for this.
• Former IAS officer Gyanesh Kumar has been a 1988 batch IAS officer of Kerala cadre, while Dr. Sukhbir Singh Sandhu, former Chief Secretary of Uttarakhand, has been a 1988 batch IAS officer of Uttarakhand cadre.
• At present Chief Election Commissioner Rajiv Kumar was holding this post as the only member of the Election Commission of India.

 

 Introduction to Election Commission of India :

 

• The Election Commission of India was established on 25 January 1950.
• That’s why in India on 25th January is celebrated as  National Voters’ Day.
• The Election Commission of India is an autonomous constitutional authority/institution empowered under Article 324 of the Constitution of India to superintend, direct and prepare electoral rolls for elections to the Parliament of India, State Legislatures as well as to the offices of President and Vice-President of India. Provision has been made for the Election Commission in India to control and exercise control over it. Therefore, the Election Commission is the apex body responsible for the elections held at both the central and state levels.
• The Constitution of India makes a separate provision for the State Election Commission to conduct the election processes of Panchayat and Municipality or Municipal Corporation in the states of India. Therefore, the State Election Commission of the respective state is the responsible institution for the elections of Panchayats and Municipalities in the states.

 

Structure of Election Commission of India :

• The Election Commission of India, formed in 1950, originally had only one Election Commissioner, but as a result of the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
• The Election Commission also includes the Chief Election Commissioner (CEC) and other Election Commissioners, who are selected by the President from time to time.
• At present the Election Commission of India consists of a Chief Election Commissioner and two Election Commissioners.
• The Election Commission at the state level is assisted by the Chief Electoral Officer who is an IAS rank officer.

Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023

• This Bill replaces the Election Commission (Conditions of Service and Conduct of Business of Election Commissioners) Act, 1991.
• This includes provisions related to the appointment of the Chief Election Commissioner and other Election Commissioners, their salary and their removal.

Process of appointment according to this bill :

• The Chief Election Commissioner and other Election Commissioners of the Election Commission of India shall be appointed by the President of India on the recommendation of the Selection Committee.
• This selection committee will have the leader of the opposition in the Lok Sabha as a member and if no party in the Lok Sabha has been recognized as the leader of the opposition, then the leader of the largest opposition party in the Lok Sabha will be included in it.
• The recommendations of the selection committee will be valid even if there is a vacancy in this committee.
• The Bill proposes to establish a Search Committee to prepare a panel of five persons/members to consider the posts of the Chief Election Commissioner and other Election Commissioners.
• The search committee will be headed by the Cabinet Secretary and will also include two members not below the rank of Secretary and who should have knowledge and experience of election related matters.

Changes in the salary and conditions of the Chief Election Commissioner and other Election Commissioners in this bill :

• According to the Chief Election Commissioner and other Election Commissioners Bill 2023, the salary and service conditions of the Chief Election Commissioner and other Election Commissioners will be the same as that of the Cabinet Secretary.
• Under the 1991 Act, their salary was equal to the salary of a judge of the Supreme Court of India.

 

Tenure of Election Commissioner :

 

• There is no clear direction in the Constitution of India regarding the tenure of Election Commissioners, but as per the Election Commission Act of 1991 amending the Constitution of India, the tenure of the Chief Election Commissioner of Election Commissioner in India is for a maximum of six years or till the age of 65 years, whichever is earlier. You can remain on this post only till the earlier date. This tenure is counted from the date of assuming charge.
• They have equal status to the judges of the Supreme Court of India and receive the same salary and allowances.
• The Chief Election Commissioner in India is generally a member of the Indian Civil Service, often from the Indian Administrative Service. Those who get rights from Article 324 of the Constitution of India and their rights are protected.
• The Election Commission of India is one of the few constitutional authorities/institutions in India that function autonomously. Other such institutions include the Comptroller and Auditor General of India (CAG), the High Court and the Supreme Court and the Union Public Service Commission.

Process for removal of the Chief Election Commissioner of India and the Election Commissioner :

• The Chief Election Commissioner of India can be removed from his post in the same way as a judge of the Supreme Court.
• Removal of the Chief Election Commissioner of India from his office by impeachment requires a resolution passed by the Parliament of India with a two-thirds majority in both the Lok Sabha and the Rajya Sabha.
• Their removal can be done only on the basis of misbehavior, favoritism towards any political party or if they are proved incapable of completing their work.
• It is important to note that no Chief Election Commissioner has ever been impeached in India.
• Other Election Commissioners appointed as members of the Election Commission of India may be removed by the President of India on the recommendation of the Chief Election Commissioner.
• However, this provision has never been implemented in India yet.
• Before the Lok Sabha elections in 2009, Chief Election Commissioner N Gopalaswami had recommended the removal of Election Commissioner Naveen Chawla. The reason behind this recommendation was the potential conflict of interest due to Chawla’s upcoming appointment as Chief Election Commissioner and his alleged biased political party dealings. However, President of India Pratibha Patil opined that such a recommendation was not binding on the President and she rejected it. Following Gopalaswami’s retirement the following month, Chawla took over as Chief Election Commissioner and supervised and conducted the 2009 Lok Sabha general elections.

Powers of Election Commission of India :

 

 

The powers of the Election Commission of India can be mainly classified into three categories –

1. Administrative powers
2. Advisory powers
3. Quasi – Judicial powers

 

Administrative powers of Election Commission of India :

• The Election Commission of India is empowered to function in accordance with the Delimitation Commission Act and determine the territorial boundaries of electoral constituencies for various elections.
• It has the power to register and deregister any political party or entity.
• It is authorized to promulgate ‘Model Code of Conduct’ for election campaigns in India and ensure its implementation.
• This commission has the power to monitor election expenses of political parties, thereby ensuring a level playing field for all parties, irrespective of their size and spending capacity.
• It may appoint officers from various departments of the Civil Service of India as election observers and expenditure observers.

Advisory powers of Election Commission of India :

• The Election Commission of India has the power to advise the President of India in the matter of determining the qualifications and disqualifications of Members of Parliament and the conditions for elections thereto.
• This Commission also advises the Governors of the concerned State on the disqualification of members of the State Legislatures.
• It advises the High Courts and the Supreme Court on matters relating to post-election disputes between candidates and political parties in general elections in India.
• Post-election disputes related to the election of the President and Vice President are referred to the Supreme Court. Disputes relating to Parliament and State Legislatures are referred to the High Courts.

Quasi – Judicial powers of the Election Commission of India :

• The Election Commission of India has the authority to settle disputes related to the recognition given to political parties and candidates in India.
• It has powers to act as a court for cases relating to disputes arising out of allocation of election symbols to political parties and candidates.
• Elections related to the elections of Panchayats and Municipalities held in the states are conducted under the supervision of the State Election Commission. State election commissions are advised by and accountable to the Election Commission of India.

The powers of the Election Commission are enshrined in various articles of the Indian Constitution, including :

 

Article 324 :  It gives the ECI the responsibility to directly monitor, control and direct national and state-level elections.

Article 325 : This article stipulates that the inclusion and exclusion of names in the electoral roll should be on the basis of Indian citizenship. It states that no citizen of India above voting age should be excluded from the rolls or included in the special electoral roll on the basis of race, caste, religion or sex.

Article 326 :  This article establishes universal adult suffrage as the basis for election to all levels of elected government.

Article 327 : It outlines the responsibilities of the ECI and the Parliament with respect to the conduct of national elections.

Article 328 : It defines the roles and responsibilities of state legislatures in relation to state-level elections.

Article 329 : It prohibits the court’s intervention in election-related matters unless specifically asked to provide its views.

 

Major roles and responsibilities of the Election Commission of India :

 

The Election Commission of India plays an important role in the democratic processes of the country. Following are some of the major roles and responsibilities of the Election Commission of India –

1. To ensure a fair electoral process : The Election Commission of India is entrusted with the responsibility of conducting elections at various levels including national, state and local elections. It is responsible for monitoring the entire election process from announcement of election dates to declaration of results.
2. Voter Registration : The Election Commission of India facilitates the voter registration process to ensure that eligible citizens can exercise their right to vote in India. It conducts voter registration drives and updates voter lists and issues voter identity cards to eligible persons.
3. Ensuring independence and impartiality :  With the aim of ensuring fair and balanced representation, The ECI delimits electoral boundaries. It periodically reviews and revises constituency boundaries based on population changes, attempting to maintain approximately the same number of voters in each constituency.
4. Announcing election schedule : The Election Commission of India schedules elections in India, which includes announcing the dates for filing of nominations, voting and counting of votes. It ensures that the entire electoral process is conducted within a reasonable time frame.
5. Implementing Model Code of Conduct : To maintain ethical standards and fair practices during elections in India, the Election Commission of India enforces a Model Code of Conduct. This code regulates the conduct of political parties and candidates, preventing abuse of power or unfair advantage.
6. Ensuring electoral laws and rules : The Election Commission of India makes and enforces the electoral laws and rules that govern the conduct of elections. It strives to ensure transparency, fairness and adherence to the Constitution and relevant law throughout the electoral process.
7. Deploying election observers : The Election Commission of India deploys election observers to monitor the conduct of elections in India. These observers oversee polling stations, observe the vote counting process and report any irregularities or violations to the ECI.
8. Scheduling voter education and awareness programs : Recognizing the importance of a democratic and active citizenry in India, the Election Commission of India organizes voter education and awareness programmes. These programs aim to increase awareness among citizens about the importance of voting and their rights as voters, with the aim of ultimately increasing voting percentage and promoting informed decision making.
9. Granting recognition to political parties : The Election Commission of India grants recognition to political parties in India based on specific criteria. It ensures that recognized parties comply with financial disclosure requirements, adhere to the code of conduct and meet other eligibility criteria to participate in elections.
10. To provide election monitoring and enforcement and election security : The Election Commission of India gives priority to the security of the electoral process, collaborating with various law enforcement agencies in India. It takes measures to prevent electoral malpractices, maintain law and order during elections and provide a safe environment for voters.
11. Protecting democratic values : The Election Commission of India is entrusted with the important responsibility of conducting elections at various levels including State Assemblies, Parliament, President, Vice President and local governing bodies. Therefore, its primary objective is to maintain democratic values ​​by ensuring that the electoral process is conducted in a fair, transparent and democratic manner.
12. Technological Advancements : The Election Commission of India has adopted technological advancements to streamline the electoral process and ensure accuracy and efficiency. Electronic Voting Machines (EVMs) have revolutionized voting, providing a secure and reliable way to cast and count votes during elections in India.

• India was an early adopter of electronic voting, implementing it nationwide during parliamentary elections in 2014. This was a significant achievement given India’s large and diverse population, which also includes many rural areas with illiterate citizens.

• The importance of the office of the Chief Election Commissioner in the Indian political process became widely recognized during the tenure of  T. N . Seshan from 1990 to 1996. Seshan is famous for his determined efforts to tackle corruption and manipulation in Indian elections.

 

Importance of Election Commission of India :

 

 

• The Election Commission of India has played a vital role in successfully conducting national and state elections since 1952. Today, it actively works towards promoting greater participation of people in the electoral process. The Commission has effectively established discipline among political parties by threatening to revoke recognition if they fail to maintain internal party democracy. It upholds the constitutional values ​​of equality, equity, fairness, independence and rule of law in its monitoring, direction and control over electoral governance.
• The Election Commission ensures that elections are conducted with the highest standards of credibility, fairness, transparency, integrity, accountability, autonomy and professionalism. It strives to create an inclusive and voter-centric environment while ensuring participation of all eligible citizens. The Commission engages with political parties and all stakeholders to serve the best interests of the electoral process. It also plays an important role in raising awareness about the electoral process and governance among stakeholders including political parties, voters, election officials, candidates and the general public. These efforts are aimed at increasing trust and confidence in India’s electoral system.

 

Current challenges before the Election Commission in India :

 

 

• The Election Commission of India is struggling to stem the rise in violence and electoral malpractices fueled by monetary influence, resulting in the criminalization of politics.
• The Commission lacks sufficient authority and resources to effectively regulate political parties, including enforcing intra-party democracy and regulating party finances.
• There are concerns about the Election Commission’s declining independence from the executive, which has negatively impacted its reputation.
• Allegations of electronic voting machines (EVMs) malfunctioning, hacking or failing to register votes have significantly eroded public confidence in the Election Commission.

 

Conclusion/ Way forward :

 

• The Election Commission of India is instrumental in ensuring the integrity of elections and maintaining democratic principles. Through its efforts to conduct fair elections, promote voter awareness and education of the importance of their vote, and implement anti-corruption measures, it plays an important role in empowering Indian citizens and strengthening the country’s democratic structure. . Therefore, to fulfill its underlying objectives, it should make the public aware and educated about the democratic electoral processes of India.
• The Election Commission of India is an important constitutional body entrusted with the responsibility of supervising, managing and controlling the electoral process in India. Therefore, it should ensure that India’s electoral process is conducted in a fair and neutral manner.
• The Election Commission should remain alert and closely monitor any collusion within the lower levels of the civil and police bureaucracy that may favor the ruling party. This will help in maintaining the integrity and fairness of the electoral process.
• To regain public confidence amid the ongoing controversies over electronic voting machines (EVMs), the Commission should increase deployment of Voter Verifiable Paper Audit Trail System (VVPAT) in more constituencies.
• The mandate of the Commission and the procedures facilitating its functioning need to be provided with strong legal backing. This will increase its effectiveness and ensure smooth conduct of elections.
• We will also have to ensure such safeguards that only ethical and competent individuals hold leadership positions in the Election Commission and other public institutions in India. This will help in maintaining the credibility and relevance of the Commission.
• The report of the Second Administrative Reforms Commission (ARC) recommended the establishment of a collegium headed by the Prime Minister, which would include the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Law Minister and the Deputy Speaker of the State. As a member of the assembly. This collegium will make recommendations to the President for the appointment of the Chief Election Commissioner and Election Commissioners. This proposal should be considered to enhance the selection process for these posts and ensure competent leadership within the Commission.
• While the Election Commission of India is right to defend electronic voting machines, it needs to do more to ensure public trust in these machines.
• In the light of the recent judgment of the Supreme Court of India in the conflict between the claim of right to privacy of those making donations through electoral bonds and the right to information of the voter, the evasive attitude of the ECI is completely inappropriate.
• The Election Commission of India should know that when it comes to assessing India, the world’s largest democratic system, all eyes are on it, because in a democracy, fairness and transparency of voting by the public is of utmost importance. It is necessary so that India’s democratic system can survive and we can become their leader and guide in teaching democratic values ​​to the world as an inclusive and democratic country. Only then can the victory of democracy be truly ensured. We should also not forget that India was the first country in the world to have a republican system.

 

Practice Questions for Preliminary Exam :

Q.1. Consider the following statements regarding the Chief Election Commissioner and Other Election Commissioners Bill, 2023.

1. The salary and service conditions of the Chief Election Commissioner and other Election Commissioners will be the same as that of the Chief Justice of the Supreme Court In this bill.
2. The search committee will be chaired by the Prime Minister and will also include two members not below the rank of Cabinet Secretary In this bill.
3. The Election Commission of India was established on 25 May 1950.
4. This Bill replaces the Election Commission (Conditions of Service and Conduct of Business of Election Commissioners) Act, 1991.

Which of the above statement / statements is/ are correct?

(A) Only 1 and 3

(B) Only 2 and 4

(C) Only 3

(D) Only 4

 

Answer – (D)

 

Practice Questions for Main Exam :

Q.1. Underlining the current challenges faced by the Election Commission of India, Discuss whether the powers given to the Election Commission of India are relevant in solving the current challenges? give a logical answer.