The Election Commission of India

The Election Commission of India (ECI), empowered by Article 324 of the Indian Constitution, oversees elections to Parliament, State Legislatures, and the offices of the President and Vice-President. Initially a single-member body, it transformed into a three-member commission in 1990, comprising a Chief Election Commissioner and two Election Commissioners. Its powers include administrative, advisory, and quasi-judicial functions such as delimitation of constituencies, voter education, and resolving disputes. Challenges like politicization of appointments, lack of financial autonomy, and issues with Electronic Voting Machines persist. Proposed reforms include establishing a collegium for appointments as per the Supreme Court’s 2023 ruling, ensuring constitutional protection for Election Commissioners, and enhancing their powers for disqualification and anti-defection. Upholding the ECI's integrity is crucial for maintaining democratic legitimacy.

Article 324 of the Indian Constitution vests the Election Commission with the power of superintendence, direction, and control over the conduct of elections to the Parliament, State Legislatures, and the offices of the President and Vice-President. According to the Constitution, the appointment of the CEC and ECs is to be made by the President, subject to the provisions of an Act of Parliament. During the debates in the Constituent Assembly, discussions arose regarding the role of the executive in appointing the CEC and ECs, as the President acts based on the advice of the Prime Minister. Dr. B.R. Ambedkar emphasized the importance of ensuring that the election machinery operates independently from government control. Ultimately, the members of the Constituent Assembly decided to grant Parliament the discretion to determine the appointment mechanism for the ECI.

In 1991, Parliament enacted the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, which set the salaries of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) equivalent to those of Supreme Court judges but left their appointment process to the President's discretion. In March 2023, the Supreme Court ruled that the Executive alone should not determine these appointments, emphasizing the need for the Election Commission of India (ECI) to operate independently. The Court mandated a selection process involving a committee comprising the Prime Minister, the Leader of the Opposition in Lok Sabha, and the Chief Justice of India. Following this, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Bill, 2023, was passed by the Parliament, aiming to repeal the 1991 Act and establish provisions for the appointment process and conditions of service for the CEC and ECs.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023:Provisions include

1. Appointment of Chief Election Commissioner and other Election Commissioners: The Chief Election Commissioner and other Election Commissioners will be appointed by the President through a formal warrant under his hand and seal.
2. Qualifications of Chief Election Commissioner and other Election Commissioners: The Chief Election Commissioner and other Election Commissioners must be selected from individuals who currently hold or have previously held a position equivalent to the rank of Secretary to the Government of India. They should also possess integrity, knowledge, and experience in managing and conducting elections.
3. Search Committee: A Search Committee, chaired by the Minister of Law and Justice and consisting of two other members not below the rank of Secretary to the Government of India, will prepare a panel of five individuals for consideration by the Selection Committee for the appointment of the Chief Election Commissioner and other Election Commissioners.
4. Selection Committee: The President will appoint the Chief Election Commissioner and other Election Commissioners based on the recommendation of a Selection Committee comprising:
   • The Prime Minister (Chairperson)
   • The Leader of the Opposition in the House of the People (Member)
   • A Union Cabinet Minister nominated by the Prime Minister (Member)
5. Term of Office:
   • Duration:
     • The Chief Election Commissioner and other Election Commissioners will serve a term of six years from the date they assume office or until they reach the age of sixty-five, whichever occurs earlier.
   • Non-Reappointment:
     • Neither the Chief Election Commissioner nor the other Election Commissioners are eligible for reappointment after completing their term.
   • Aggregate Term Limit:
     • In cases where an Election Commissioner is appointed as the Chief Election Commissioner, their total term of office, combining both roles, cannot exceed six years. This provision ensures a limit on the cumulative tenure of an individual serving as both an Election Commissioner and the Chief Election Commissioner
6. Salary: The Chief Election Commissioner and other Election Commissioners will receive a salary equivalent to that of a Judge of the Supreme Court. However, the salary, allowances, and other conditions of service for those holding office before the commencement of this Act will not be altered to their detriment.
7. Resignation and Removal:
   • The Chief Election Commissioner or an Election Commissioner may resign from their position at any time by submitting a written resignation to the President.
   • The Chief Election Commissioner can only be removed from office in a manner and on grounds similar to that of a Judge of the Supreme Court.
   • The removal of other Election Commissioners can only occur upon the recommendation of the Chief Election Commissioner.

• The Election Commission of India (ECI) initially operated with a single Chief Election Commissioner.
• However, with the enactment of "The Election Commissioner Amendment Act, 1989" on 1 January 1990, the ECI transitioned into a multi-member body.
• It now comprises a three-member commission consisting of a Chief Election Commissioner and two Election Commissioners, typically individuals with backgrounds as retired officers from the Indian Administrative Service (IAS).
• Decisions within the Commission are reached through a majority vote, where all Election Commissioners hold equal influence in the decision-making process.

Powers and Functions of the Election Commission of India (ECI) are categorized into three main categories: Administrative, Advisory, and Quasi-Judicial.

• Delimitation of Electoral Constituencies: The Election Commission determines the territorial areas of electoral constituencies across the country in accordance with the Delimitation Commission Act passed by Parliament.
• Preparation and Revision of Electoral Rolls: It is responsible for preparing and periodically revising electoral rolls, ensuring the inclusion of all eligible voters and the removal of ineligible entries.
• Notification of Election Dates and Scrutiny of Nomination Papers: The Election Commission notifies the dates and schedules of elections and conducts the scrutiny of nomination papers submitted by candidates.
• Code of Conduct for Elections: It formulates a code of conduct to be followed by political parties and candidates during the election period, ensuring fair and ethical campaigning practices.
• Registration of Political Parties and Allotment of Symbols: The Election Commission registers political parties for participation in elections and assigns them election symbols. It also grants national or state party status based on their performance in polls.
• Voter Education and Electoral Participation: The Election Commission conducts voter education programs aimed at increasing electoral awareness and participation among citizens. Successful initiatives like the Systematic Voters' Education and Electoral Participation (SVEEP) have contributed to higher voter turnouts, as evidenced by the record-breaking 2019 Lok Sabha election with a turnout of 67.11%.

• Advising the President and Governor on Disqualification Matters: The ECI provides advice to the President and Governors regarding the disqualification of sitting members of Parliament and state legislatures, respectively. This advice holds significant weight and is binding on the President or Governor.
• Advising the President on Elections during President's Rule: The Election Commission advises the President on whether elections can be conducted in a state under President's rule, especially when there's a need to extend the period of emergency after one year.
• Providing Opinion to the Higher Judiciary on Disqualification: In cases related to disqualification under the Representation of the People Act, 1951, the Election Commission offers its opinion to the higher judiciary. This includes providing insights into the grounds for disqualification and the duration for which it should last.

• Settling Disputes on Recognition and Election Symbols: The ECI acts as a quasi-judicial body to resolve disputes related to the recognition of political parties and the allotment of election symbols to them.
• Disqualification for Failure to Submit Election Expenses: The Election Commission holds the power to disqualify a candidate who fails to submit a proper account of their election expenses within the stipulated timeframe and in accordance with legal requirements.
• Adjudication of Model Code of Conduct Violations: It is tasked with deciding on matters concerning violations of the Model Code of Conduct (MCC) by political parties and candidates during the election period. The ECI ensures adherence to ethical standards and fair campaign practices.
• Cancellation of Polls in Case of Irregularities: In instances of rigging, booth capturing, violence, or any other irregularities that undermine the integrity of the electoral process, the Election Commission has the authority to cancel the polls.

The Election Commission of India (ECI) has undertaken several initiatives to enhance the electoral process and ensure its integrity. Some of these initiatives include:

• Electoral Photo Identity Cards (EPICs):
  • Introducing EPICs to provide voters with a unique identification card containing their photograph, ensuring authentication and preventing impersonation during elections.


• Electronic Voting Machines (EVMs):
  • Implementation of EVMs to replace traditional paper ballots, enhancing the reliability, accuracy, and efficiency of the voting process while reducing the likelihood of electoral fraud.


• Declaration of Assets and Criminal Cases:
  • Making it mandatory for candidates to declare their assets and disclose any pending criminal cases against them while filing nomination forms, promoting transparency and accountability in electoral contests.


• Guidelines for State-Owned Electronic Media:
  • Issuing new guidelines for broadcasting on state-owned electronic media to ensure fair and unbiased coverage of election-related events, preventing undue influence or bias in favor of any political party or candidate.


• Computerized Electoral Rolls:
  • Transitioning from manual to computerized electoral rolls to streamline voter registration processes, improve accuracy, and facilitate easier updates and revisions.


• Enforcement of Model Code of Conduct (MCC):
  • Implementing measures for better enforcement of the Model Code of Conduct (MCC), including the introduction of initiatives like cVIGIL, a mobile application enabling citizens to report violations of the MCC in real-time.


• Systematic Voter Education and Electoral Participation (SVEEP):
  • Launching the SVEEP program to educate voters, enhance electoral awareness, and promote higher voter turnout, contributing to the strengthening of democratic processes.


• Voting from home:
  • The Election Commission of India (ECI) has introduced a special initiative to enable senior citizens and disabled voters aged 80 and above to vote from their homes

• ECI does not provide any financial assistance to political parties for any campaign.
• ECI has no say in the selection or nomination of candidates. This is the internal matter of Political Parties.
• It does not offer any advising facilities to the Political Parties.
• It does not get engaged in publicity or promotion of any party or candidate.
• It does not provide any luxury facilities at polling stations beyond what is required to ensure a safe and secured voting environment.

• Issues with the 2023 Act
  • Appointment Issues: The process of appointing Election Commissioners as prescribed in the 2023 Act is susceptible to politicization, as the government, with its majority in the Selection Committee, holds significant influence over appointments.
  • This is against the Supreme Court (2023) ruling in which the Selection Committee was meant to comprise the Prime Minister, the Chief Justice of India, and the Leader of Opposition in Lok Sabha
  • CECs and ECs also perform quasi-judicial functions. Limiting these posts to senior bureaucrats may exclude other suitable candidates.


• Security of Tenure:
  • Election Commissioners lack the same level of security of tenure as the Chief Election Commissioner (CEC), leaving them potentially vulnerable to external pressures or arbitrary removal.


• Post-Retirement Appointment:
  • The Constitution does not prohibit retiring Election Commissioners from accepting lucrative positions in the government or joining political parties after retirement, which could raise concerns about conflicts of interest and impartiality.


• Financial Autonomy:
  • The Election Commission's budget is not drawn from the Consolidated Fund of India, limiting its financial independence and autonomy.


• Upholding Credibility:
  • Recent controversies, including allegations of widespread violations of the Model Code of Conduct and concerns regarding the timing of elections, have raised doubts about the Election Commission's credibility and impartiality.


• EVMs: ECI faces following challenges regarding EVMs:
  • Demonstrating to voters and political parties that EVMs are secure and not tampered with.
  • Addressing concerns about the technological adequacy and security of current EVMs.
  • VVPATs(Voter Verifiable Paper Audit Trail) are complex and susceptible to failure with minor mishandling, such as in the Meghalaya Assembly by-polls where over 33% of VVPATs failed due to unsuitable paper for the humid climate.


• Inability to Curb Malpractices:
  • The Election Commission lacks sufficient powers to effectively combat the criminalization of politics and the pervasive influence of money and muscle power during elections. It lacks the authority to deregister political parties, even in cases of severe violations.


• Inadequate Capacity:
  • The Election Commission faces challenges related to inadequate capacity, including reliance on various government departments for office finances, legal expertise, security personnel, and staffing. This dependence may hinder its ability to carry out its functions effectively and independently.

Moving forward, several key reforms and measures can be undertaken to strengthen the functioning and independence of the Election Commission of India (ECI):

• Collegium for Appointment:
  • Establish a collegium comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India for the appointment of Election Commissioners. This would ensure a more transparent and consensus-based selection process, reducing the potential for politicization.


• Constitutional Protection for Election Commissioners:
  • Provide constitutional protection for all three Election Commissioners, similar to the Chief Election Commissioner, to safeguard their independence and insulate them from undue influence or pressure.


• Seniority Convention for CEC Elevation:
  • Institutionalize the convention where the most senior Election Commissioner is automatically elevated as the Chief Election Commissioner.


• Independent Secretariat and Recruitment Rules:
  • Grant the ECI autonomy by establishing an independent secretariat, allowing it to frame its own recruitment rules, and empowering it to shortlist and appoint officers independently.


• Financial Autonomy:
  • Charge the expenditures of the ECI upon the Consolidated Fund of India, similar to other constitutional bodies like the UPSC. This would ensure financial autonomy and reduce dependence on external sources, strengthening the ECI's independence.


• Enhanced Powers for Disqualification and Anti-Defection:
  • Empower the ECI with more authority concerning the disqualification of members post-election and in cases of anti-defection, as recommended by the National Commission to Review the Working of the Constitution (NCRWC).


• Legislative Reforms:
  • Amend the Representation of the People Act, 1951 to include provisions addressing the misuse of money in elections, similar to those related to booth capturing (section 58 A).
  • Additionally, provide the Election Commission with the authority to deregister political parties engaged in grave violations, thereby ensuring accountability and integrity in the political process.

• Introduction
  • The Model Code of Conduct (MCC) has been instrumental in maintaining the integrity of electoral processes in India since its inception.
  • Over the years, the Election Commission of India (ECI) has continuously refined and enforced the MCC to ensure fair and ethical conduct during elections.


• Historical Development
  • In 1960, during the Kerala elections, the ECI introduced a code , which was circulated to all political parties.
  • Subsequent milestones include the comprehensive code established in 1979 and the effective utilization of the MCC in 1991.
  • Notable advancements occurred in 2014 with the issuance of guidelines on election manifestos following a directive from the Supreme Court.


• MCC provisions
  The Model Code of Conduct (MCC) encompasses several key provisions to uphold the integrity of electoral processes in India. These include:
  • Prohibition of the utilization of government resources or machinery for electoral purposes, ensuring a level playing field.
  • Prevention of electoral offenses, malpractices, and corrupt activities such as intimidation, bribery, or coercion.
  • Imposition of restrictions on the party in power from making significant new promises during elections and fostering mutual respect among political parties.
  • the MCC empowers the Election Commission to designate observers tasked with identifying and reporting any issues or violations encountered during the electoral process


• Role of the ECI in MCC Enforcement
  • The ECI plays a pivotal role in upholding the MCC, ensuring that no official machinery is misused and electoral offenses are prevented.
  • Mechanisms such as joint task forces and flying squads, alongside initiatives like the cVIGIL app, facilitate the reporting and investigation of malpractices.
  • The ECI takes strict action against politicians who breach the MCC, such as banning advertisements criticized for violating its principles.
  • It supervises election manifestos, requiring parties to indicate feasible means to achieve their promises.


• Challenges: Despite its significance, the MCC faces challenges such as its reliance on moral force and limitations in addressing violations on social media and freebies.
  • There is a need for legal backing to enhance the efficacy of the MCC. The recommendation made by the 2013 Parliamentary Standing Committee and Dinesh Goswami committee provide avenues for creating deterrence against MCC violations.
  • Without legal backing, the enforcement of the MCC risks delays and inefficiencies, highlighting the urgency for reforms.


• The ECI's Stance on legal backing for MCC
  • The ECI has expressed reluctance towards providing legal backing to the MCC, citing potential challenges and drawbacks.
  • One of the primary concerns raised by the ECI is the likelihood of overburdening the judicial system with cases related to MCC violations.
  • Given the already overburdened nature of the judicial system and with the typical duration of an election cycle being around 45 days, there is a limited timeframe for addressing electoral disputes. The ECI fears that legalizing the MCC could lead to significant delays in the resolution of electoral disputes.
  • Additionally, certain provisions of the MCC are already enforceable under existing laws such as the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), providing a legal framework for addressing electoral malpractices

• Recent steps taken by the ECI to enhance the effectiveness of the MCC include the introduction of the cVIGIL app, which allows citizens to report violations.
• Additionally, the ECI has started collecting details of social media accounts of candidates to monitor and regulate online campaigning.
• Joint task forces have been established to coordinate efforts between enforcement agencies, further bolstering MCC enforcement.

The Election Commission of India stands as a bulwark of democracy, ensuring the sanctity of the electoral process and upholding the principles of free and fair elections. However, amidst evolving challenges and complexities, there is an urgent need for institutional reforms to fortify the Election Commission and preserve its credibility and autonomy. Only through concerted efforts and proactive reforms can the Election Commission continue to fulfill its constitutional mandate and safeguard the democratic foundations of the nation.