Election Commission of India (ECI)
Polity
The Election Commission of India is an independent constitutional body responsible for administering free and fair elections in India. It ensures democratic governance by conducting elections to the Parliament, State Legislatures, and the offices of President and Vice President. Its powers and functions are defined in Part XV (Articles 324–329) of the Constitution.
CONSTITUTIONAL PROVISIONS
- Article 324 provides for an independent ECI with powers of superintendence, direction, and control over elections.
- Initially a single-member body (1950–1989); since Election Commissioner Amendment Act, 1989, it is a multi-member body.
- An all-India body responsible for:
• Elections to Parliament
• Elections to State Legislatures
• Elections for President
• Elections for Vice President
COMPOSITION OF ECI
- Consists of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs) as determined by the President.
- President appoints the CEC and ECs.
- When multiple commissioners are appointed, the CEC acts as Chairperson.
- President may also appoint Regional Commissioners after consultation with the ECI.
- Service conditions and tenure are determined by the President.
- CEC and ECs enjoy the same status, salary, and perks as Supreme Court Judges.
- All decisions are taken collectively; disagreements are settled by majority.
FUNCTIONS / POWERS OF THE ECI
1. Administrative Powers
- Demarcate electoral constituencies (with Delimitation Commission).
- Prepare and update electoral rolls; enrol eligible voters.
- Fix election schedules and scrutinize nominations.
- Register political parties, allot symbols, and grant national/state party status.
- Supervise electoral machinery.
- Requisition staff for election duties from government departments.
2. Quasi-Judicial Powers
- Settle disputes related to party recognition and symbol allotment.
- Appoint officers to inquire into electoral disputes.
- Determine and enforce the Model Code of Conduct.
- Allocate broadcast/telecast time to political parties.
- Cancel polls in case of rigging, booth capturing, or large-scale malpractices.
3. Advisory Powers
- Advise the President on disqualification of MPs.
- Advise Governors on disqualification of MLAs.
- Advise President on whether elections can be held in states under President’s Rule.
IMPORTANCE OF AN INDEPENDENT ECI
- Ensures voter participation through programs like SVEEP.
- Maintains neutrality by disciplining political parties.
- Upholds constitutional values of equality, independence, and rule of law.
- Conducts elections with transparency and integrity.
- Builds voter awareness and participation.
ISSUES AND CHALLENGES
- Trust deficit due to controversies over EVM/VVPAT.
- Allegations of favouring ruling governments.
- Lack of statutory power to deregister political parties.
- Limited powers to act against hate speech, communal appeals.
- Weak control over inner-party democracy and finances.
- Non-transparent appointment process of CEC and ECs.
- Electoral Bonds undermine transparency in political funding.
CHALLENGES TO ELECTORAL DEMOCRACY
- Breakdown of norms of free and fair elections.
- Erosion of institutional integrity.
- Declining trust in electoral processes.
- Degradation of political discourse.
- Politicisation of ECI; no bar on post-retirement appointments.
CONSTITUTIONAL SAFEGUARDS FOR ECI INDEPENDENCE
- CEC has security of tenure; removed only like a Supreme Court Judge (via impeachment).
- Service conditions cannot be varied to CEC’s disadvantage.
- ECs and Regional Commissioners can be removed only on the recommendation of the CEC.
MEASURES TO STRENGTHEN THE ECI
- Law Commission (255th Report): Appointment of CEC and ECs by a collegium comprising PM, Leader of Opposition, and CJI.
- Provide constitutional protection to all ECs, not just CEC.
- Automatic elevation of senior-most EC as CEC.
- Independent secretariat for the ECI with autonomy over recruitment.
- ECI expenditure to be charged on Consolidated Fund of India (like UPSC).
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Subject: Polity
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