Election Commission of India (ECI)

Election Commission of India (ECI) 

Introduction

• Election Commission of India (ECI): A permanent and independent constitutional body established under the Constitution of India to ensure free and fair elections across the country.

• Article 324: Vests the power of superintendence, direction, and control of elections to Parliament, State Legislatures, the Office of the President, and the Office of Vice-President in the Election Commission of India.

• All-India Body: ECI is common to both the Central and State governments, but not responsible for conducting elections to Panchayats and Municipalities—these are overseen by separate State Election Commissions.

Composition

• Article 324 Provisions

  • ECI consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may decide from time to time.

  • Appointment of CEC and other ECs is made by the President.

  • If other ECs are appointed, the CEC functions as the Commission’s Chairman.

  • President can also appoint regional commissioners as needed.

  • Service conditions and tenure are determined by the President.

• Evolution of Composition

  • 1950–1989: Single-member body (CEC only).

  • 1989: Two more ECs added, later abolished in 1990. (find out why??)

  • 1993 onward: Permanent three-member body (CEC plus two ECs).

  • All members have equal powers, salary, and emoluments (equal to Supreme Court judges). Decisions are made by majority in case of differences.

• Tenure: Six years or till age 65, whichever is earlier. Can resign anytime or be removed before term expiry.

Independence

• Security of Tenure

  • CEC cannot be removed except on grounds and via the process applicable to Supreme Court judges (resolution with special majority in both Houses of Parliament).

  • Service conditions cannot be varied to his disadvantage post-appointment.

  • ECs and Regional Commissioners cannot be removed except upon the recommendation of the CEC.

• Safeguards and Flaws

  • No prescribed qualifications (educational, legal, administrative, judicial) for members.

  • Term not specified in Constitution (fixed by statute).

  • No bar on post-retirement appointment for CEC/ECs.

  • Recent developments: Chief Election Commissioner and Other Election Commissioners Act, 2023 aims for greater autonomy and reforms in selection, tenure, and security.

Powers & Functions

ECI’s powers and functions are grouped into Administrative, Advisory, and Quasi-Judicial categories:

Administrative Functions

• Determines territorial areas of electoral constituencies (Delimitation Commission Act).

• Prepares and revises electoral rolls, registers eligible voters.

• Notifies election dates and schedules, scrutinizes nomination papers.

• Grants recognition and election symbols to political parties.

• Appoints officers for inquiry into electoral disputes and arrangements.

• Determines and enforces Model Code of Conduct (MCC).

• Cancels polls in cases of rigging, violence, booth capturing, etc.

• Supervises election machinery to ensure free and fair conduct.

• Registers parties as national or state parties based on poll performance.

Advisory Functions

• Advises the President about disqualification of MPs.

• Advises the Governor about disqualification of MLAs.

• Advises the President on extending emergency and holding elections in states under President’s Rule after one year.

Quasi-Judicial Functions

• Acts as a court for settling disputes regarding recognition and symbol allotment to political parties.

• Resolves disputes related to electoral arrangements and processes.

Additional Powers

• Requests President/Governor to requisition staff for election conduct.

• Supervises machinery and officers countrywide for effective election management.

• Prepares programs for party policy publicity in media during elections.

• Sets campaign expenditure limits and monitors compliance.

Model Code of Conduct (MCC)

• Purpose: Ensures level playing field, manages conduct of parties/candidates during elections.

• Scope: Covers issues like communal speeches, bribing, intimidation, rallies, use of government machinery, appointment/transfer of officials, manifesto guidelines, and public expenditure.

• Enforcement: ECI has multi-pronged measures—transfer of officials, monitoring, advisories, strict protocols on government schemes and appointments during election period.

Technology and Reforms

• ECINET: Upcoming digital platform integrating 40+ election apps into one user-friendly interface for electors, officials, and stakeholders.

• VVPAT & EVMs: Secure, tamper-proof systems (stand-alone, encrypted, regularly audited) with multiple transparency and verification measures.

• Use of Technology: SVEEP initiatives, digital voter portals, facial recognition integration with voter IDs, blockchain trials (e-voting in Bihar), online services for registration and complaint resolution.

• Recent Initiatives (2025): Multi-constituency remote voting machines (RVMs) piloted, improved urban voter turnout, real-time voter updates, increased transparency in political financing, use of AI to monitor social media.

Organizational Structure

• Deputy Election Commissioners: Appointed from Civil Services, assist ECI.

• Secretarial Staff: Includes various grades—Secretaries, Joint, Deputy, Under Secretaries.

• State Level: Chief Electoral Officer (appointed by CEC with state government consultation).

• District Level: Collector acts as District Returning Officer, who appoints constituency and polling booth officers.

Recent Challenges & Directions

• Challenges: Autonomy concerns, electoral malpractices, fake news/deepfakes, low voter turnout, lack of independent staff, operational hurdles.

• ECI’s Focus Areas: Ensuring inducement-free elections, strict financial compliance, inclusivity (SVEEP), enhanced transparency, and fostering voter awareness.

Summary Table: Key Features of Election Commission of India

State Election Commission (SEC)

Constitutional Provisions

• Article 243K: Provides for establishment of State Election Commission for conducting elections to Panchayats.

• Article 243ZA: Provides for establishment of State Election Commission for conducting elections to Municipalities.

• Constitutional Mandate: Each state shall have a separate and independent State Election Commission to superintend, direct, and control the preparation of electoral rolls and conduct of elections to Panchayats and Municipalities.

Composition and Appointment

• Single Member Body: Each SEC consists of a State Election Commissioner.

• Appointment: State Election Commissioner is appointed by the Governor of the respective state.

• Qualifications: No specific qualifications prescribed in the Constitution (similar to ECI).

• Independence: SEC is independent of both ECI and state government in conducting local body elections.

Powers and Functions

• Electoral Roll Preparation: Preparation and revision of electoral rolls for Panchayat and Municipal elections.

• Election Conduct: Superintendence, direction, and control of elections to all tiers of Panchayati Raj Institutions and Urban Local Bodies.

• Delimitation: Delimitation of constituencies for local body elections.

• Election Schedule: Notification of election schedules, dates, and programmes.

• Model Code Implementation: Implementation of Model Code of Conduct during local elections.

• Dispute Resolution: Resolution of election-related disputes at local level.

Security of Tenure

• Removal Process: State Election Commissioner can be removed only in the same manner and on same grounds as a Judge of High Court.

• Service Conditions: Service conditions cannot be varied to disadvantage after appointment.

• Term: Usually till age of superannuation (varies by state).

Challenges and Issues

• Resource Constraints: Limited financial and human resources compared to ECI.

• Political Interference: Vulnerability to state government pressure despite constitutional safeguards.

• Capacity Building: Need for enhanced technical and administrative capacity.

• Coordination: Coordination challenges with ECI and state administration.

Distinction from ECI

• Scope: SEC handles only local body elections; ECI handles Parliament, Assembly, President, and VP elections.

• Jurisdiction: State-specific vs. all-India body.

• Appointment Authority: Governor vs. President.

• Resources: Limited state resources vs. central government backing.