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Election Commission of India

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Introduction

The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering election processes in India at national, state and district levels. It was established on January 25, 1950 (celebrated as National Voters' Day since 2011).

UPSC Note: The Election Commission operates under Article 324 of the Constitution and is considered one of the most powerful election commissions in the world due to its wide-ranging powers and independence.

Key Features:

Constitutional Provisions

Article 324: Superintendence, direction and control of elections

Vests the power of superintendence, direction and control of elections in the Election Commission:

  • To Parliament
  • To State Legislatures
  • To the office of President and Vice-President

Scope: Includes preparation of electoral rolls, delimitation of constituencies, and all other necessary measures for conducting elections.

Other Relevant Articles:

  • Article 325: No person to be ineligible for inclusion in electoral roll on grounds of religion, race, caste or sex
  • Article 326: Elections to Lok Sabha and State Assemblies to be on basis of adult suffrage
  • Article 327: Power of Parliament to make provisions relating to elections
  • Article 328: Power of State Legislature to make provisions relating to elections
  • Article 329: Bar to interference by courts in electoral matters
  • Article 243K: Election to Panchayats (State Election Commission)
  • Article 243ZA: Election to Municipalities (State Election Commission)

Composition of Election Commission

Member Appointment Tenure Removal
Chief Election Commissioner (CEC) Appointed by President 6 years or 65 years of age (whichever earlier) Same as Supreme Court Judge (impeachment)
Election Commissioners (ECs) 6 years or 65 years of age (whichever earlier) On recommendation of CEC

UPSC Note: The Election Commission was a single-member body until 1989 when two Election Commissioners were appointed for the first time. The multi-member system was made permanent in 1993 after being introduced and revoked twice earlier.

Current Structure:

Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991

Provides for conditions of service and term of office of Election Commissioners and transaction of business by the Commission.

Powers and Functions

Administrative Powers:

Advisory Powers:

Quasi-Judicial Powers:

Model Code of Conduct: Though not legally enforceable, it is strictly followed during elections. Contains guidelines for:

  • General conduct of parties and candidates
  • Meetings and processions
  • Poll day activities
  • Behavior of ruling party

Electoral Reforms Implemented by ECI:

Statutory Provisions

Representation of the People Act, 1950

Deals with:

  • Allocation of seats in Parliament and State Legislatures
  • Delimitation of constituencies
  • Preparation of electoral rolls
  • Qualification of voters

Representation of the People Act, 1951

Deals with:

  • Conduct of elections
  • Administrative machinery for elections
  • Election offenses and disputes
  • Corrupt practices and electoral offenses
  • Disqualifications for membership

Other Relevant Laws:

  • Delimitation Act, 2002: For readjustment of constituencies
  • Electoral Bonds Scheme, 2018: For political funding
  • Right to Information Act, 2005: Makes political parties accountable (though parties resist)
  • Anti-Defection Law (10th Schedule): ECI advises Speaker/Chairman on disqualification

Reforms and Amendments

15th Amendment Act, 1963

Empowered ECI to conduct elections to offices of President and Vice-President.

19th Amendment Act, 1966

Abolished election tribunals and transferred their powers to High Courts.

61st Amendment Act, 1988

Reduced voting age from 21 to 18 years (Article 326).

73rd & 74th Amendment Acts, 1992

Created State Election Commissions for local body elections.

Proposed Reforms:

Landmark Cases Related to Election Commission

Mohinder Singh Gill v. Chief Election Commissioner (1978)

Held: Article 324 is a plenary provision vesting whole responsibility for free and fair elections in ECI. ECI can cancel entire poll if necessary.

T.N. Seshan v. Union of India (1995)

Held: Upheld the constitutional validity of multi-member Election Commission. CEC doesn't have overriding powers over other ECs.

Union of India v. Association for Democratic Reforms (2002)

Held: Voters have right to know candidates' criminal, financial and educational background.

People's Union for Civil Liberties v. Union of India (2013)

Held: Introduced NOTA (None of the Above) option in EVMs.

Anoop Baranwal v. Union of India (2023)

Held: CEC and ECs shall be appointed by President on advice of committee consisting of PM, LoP and CJI (until Parliament makes law).

UPSC Mains Question: "The Election Commission of India is considered the guardian of free and fair elections, but its independence has often been questioned." Critically examine this statement in light of recent controversies and judicial interventions.

Challenges Faced by Election Commission