Election Commission of India

11 Mar 2024 Election Commission of India

Source – The Hindu and PIB.

General Studies – Indian Politics and Governance, The Election Commission of India, functions and powers, Tenure and removal process, Current challenges before the Election Commission in India, Supreme Court.

Why in the News ?

• Recently Election Commissioner of India Arun Goyal had 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, The President of India Draupadi Murmu has also accepted his resignation on 09 March 2024 and the Law Ministry of India has announced this by issuing a notification.
• Anoop Chandra Pandey, the second Election Commissioner of India, retired from his post on 14 February 2024.
• The Election Commission of India is likely to appoint two Election Commissioners by March 15, 2024, to fill the vacancies arising from the retirement of Election Commissioner Anup Chandra Pandey and resignation of Arun Goyal.
• At present Chief Election Commissioner Rajiv Kumar holds this post as the only member of the Election Commission of India.
• The appointments of the two Election Commissioners are likely to be made by March 15 after a high-level meeting is held on March 13 or 14, depending on the convenience of the Election Commission of India selection committee members.

 Introduction of Election Commission of India :

• The Election Commission of India was established on 25 January 1950.
• That’s why 25th January is celebrated as National voters day in India
• 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.
• To conduct the election processes of Panchayat and Municipality or Municipal Corporation in the states of India. The Constitution of India provides for a separate State Election Commission. Therefore, in the elections of Panchayats and Municipalities in the states. The State Election Commission of the concerned state is the responsible institution.  

Structure of Election Commission of India :

• In the Election Commission of India formed in 1950 originally there was only one Election Commissioner but Election Commissioner Amendment Act 1989 As a result, it has been made a multi-member organization.
• The Election commission In main Election Commissioner (CEC) and other Election Commissioners, who are selected by the President from time to time, are also included in it.
• Presently in the Election Commission of India there is 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.

Tenure of Election Commissioner :

• The Constitution of India does not have any clear instructions 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 happens earlier, he can continue in this post only till then. This tenure is counted from the date of assuming charge.
• They have the same status as the judges of the Supreme Court  of India  and get the same salary and allowances as them.
• 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 and are protected by Article 324 of the Constitution of India.
• 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 : India’s the Election Commission It 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 : To ensure that eligible citizens in India can exercise their right to vote,Election Commission of India Facilitates the voter registration process. 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 In India determines the schedule of elections, which includes announcement of 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 an ideal 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 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 : To monitor the conduct of elections in India, The Election Commission of India Deploys election observers. 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: In India recognizing the importance of a democratic and active citizenry, The Election Commission of India Organizes voter education and awareness programs. 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, Provides 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 Prioritizes the security of the electoral process, cooperating with law enforcement agencies. 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 TN 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.
• It is important to put in place safeguards that ensure that ethical and competent individuals hold leadership positions in public institutions, including the Election Commission. This will help in maintaining the credibility and effectiveness of the Commission.
• The Second Administrative Reforms Commission (ARC) report 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 State Deputy Speaker. 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.

Practice Questions for Preliminary Exam :

Q.1. Consider the following statements regarding the Election Commission of India.

1. It is the responsible institution related to the elections of Panchayats and Municipalities in the states.
2. The Chief Election Commissioner of India has equal status to the judges of the Supreme Court of India and receives the same salary and allowances.
3. The Election Commission of India was established on 25 May 1950.
4. Impeachment requires a resolution passed by a two-thirds majority in both the Lok Sabha and the Rajya Sabha of India to remove the Chief Election Commissioner of India from his office.

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

(A). Only 1 and 3 

(B). Only 1 and 4

(C). Only 2 and 3

(D). Only 2 and 4

Answer – (D)

Practice Questions for Main Exam :

Q.1. Underlining the various powers received by the Election Commission of India, discuss what are the challenges before the Election Commission of India to conduct fair and transparent elections in India and what can be the solution? Present a logical explanation. 

Akhilesh Kumar Shrivastava

Qualified Preliminary and Main Examination ( Written ) and Shortlisted for Personality Test (INTERVIEW)  three times Of UPSC CIVIL SERVICES EXAMINATION in the year of 2017, 2018 and 2020. Shortlisted for Personality Test (INTERVIEW) of 64th and 67th BPSC CIVIL SERVICES EXAMINATION.

M. A  M. Phil and Ph. D From (SLL & CS) JAWAHARLAL NEHRU UNIVERSITY, NEW DELHI.