Election Commission of India

What is Election Commission of India

The Election Commission of India (ECI) stands as the cornerstone of the democratic framework in India, ensuring the conduct of free and fair elections across the nation. Established on January 25, 1950, in accordance with the provisions of the Constitution. The ECI is entrusted with the authority to supervise, direct, and oversee the entire electoral process for conducting elections to the Parliament and the Legislatures of each state, as well as for the offices of the President and Vice President of India.

The ECI has a separate Secretariat in New Delhi. Initially, the commission had only a Chief Election Commissioner. It has since expanded to include a Chief Election Commissioner and two Election Commissioners. The first instance of appointing two additional Commissioners occurred on October 16, 1989, although their tenure was brief, ending on January 1, 1990. Subsequently, on October 1, 1993, two more Election Commissioners were appointed. Since then, the Commission has operated as a multi-member body, with decisions made by majority vote.

The ECI is essential for maintaining voters' trust and confidence in the democratic process. By strictly enforcing electoral laws, introducing innovative ways to increase voter participation, and staying committed to impartiality, the ECI ensures transparency, accountability, and inclusivity in the Indian electoral process. The ECI also engages in various initiatives related to voting, including enhancing voter education and promoting eco-friendly election practices.

Official Definition of Election Commission of India

Election Commission as defined in the Indian Constitution

The Constitution of India mandates the establishment of the Election Commission of India, as enshrined under Article 324 (1) : “324. Superintendence, direction and control of elections to be vested in an Election Commission.—

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission)”

ECI as defined in Official Government Reports

ECI as defined in Official Government Reports:

A background paper on Electoral Reforms, prepared by the core committee on Electoral reforms, Ministry of Law and Justice, did not define the Election Commission of India, however, it highlighted the role of ECI as follows:

“The Election Commission has been at the forefront of initiating efforts to strengthen the electoral system.”

Legal Provisions pertaining to Election Commission of India

The Election Commission operates under the constitutional provisions outlined in Articles 324 to 329 of the Indian Constitution.

Appointments

The provisions that deal with appointment and removal of the members of the Election Commission are Article 324 clause (2), (3) and (5), which read as follows:

Article 324 (2):

“The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President”

Article 324 (3):

“When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.”

Article 324 (5):

“Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:

Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:

Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.”

Thus, Chief Election Commissioner and Election Commissioners are appointed by the President of India. Their tenure spans six years or until they reach the age of 65, whichever comes earlier. During their term, they are entitled to the same status, salary, and benefits as Judges of the Supreme Court of India, highlighting the significance and gravity of their roles in upholding democratic principles.

In terms of accountability, the Chief Election Commissioner can only be removed from office under similar procedures and grounds as those applicable to Supreme Court judges, ensuring their independence and protection from undue influence or pressure. This provision lays emphasis on the importance of maintaining the impartiality and integrity of the Election Commission, which serves as the cornerstone of India's electoral democracy.

SC Judgements dealing with appointments

In the case of Anoop Baranwal v. Union of India, the court held that the appointment of the Chief Election Commissioner and the Election Commissioners should be made by the President based on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party if there is no Leader of the Opposition), and the Chief Justice of India, subject to any future legislation by Parliament. The court emphasized the crucial link between the selection process of Election Commissioners and the core democratic principles of the Constitution, such as the right to vote and the necessity of free and fair elections overseen by a neutral and accountable body. Noting the legislative void regarding the appointment procedure, the court stated that it must fill this gap to uphold the rule of law, as no law under Article 324(2) has been enacted even after 73 years of the Constitution's adoption. Therefore, the court, exercising its powers under Article 142, provided these guidelines until Parliament legislates on the matter. The involvement of opposition members and other constitutional functionaries in the selection process underscores the importance of diverse and balanced oversight, reflecting practices observed in similar bodies worldwide.

Organizational and Operational Structure of ECI

The Election Commission of India (ECI) operates with a dedicated Secretariat located in New Delhi, comprising approximately 550 officials organized in a hierarchical structure.

Assisting the Commission are five or six Deputy Election Commissioners and Director Generals, who are senior officers within the Secretariat. Typically drawn from the national civil service, they are selected and appointed by the Commission for a specified tenure. Supporting them are Directors, Principal Secretaries, Secretaries, Under Secretaries, and Deputy Secretaries. The work within the Secretariat is functionally and territorially distributed, organized into Divisions, Branches, and Sections, each overseen by a Section Officer.

The territorial work is distributed to small units, with each unit being responsible for a particular zone, zones have been made for the efficient management of 36 constituent States and Union Territories.

State Level:

At the state level, election-related tasks are supervised by the Chief Electoral Officer (CEO) of the State, subject to the overall control of the Election Commission. The CEO is appointed by the Commission from a panel of senior civil servants proposed by the respective state government. In most States, the CEO is a full-time officer supported by a small team.

District Level:

At the district and constituency levels, District Election Officers, Electoral Registration Officers and Returning Officers oversee election activities assisted by numerous functionaries. These officials manage their election duties alongside their other responsibilities but during election periods they are usually available to the commission on a full time basis.

During the General Elections, the Election Commission supervises, controls and oversees more than 12 million personnel and civil police officers.

Functions of ECI

The main functional divisions within the Secretariat encompass Administration, Electoral Roll Management, Election Expenditure Management, Information Systems, International Cooperation, Judicial Affairs, Media Relations, Planning, Political Parties, Secretariat Coordination, and Systematic Voters' Education and Electoral Participation (SVEEP).

1. Conducting Elections: The main responsibility of ECI is to conduct free and fair elections for the Parliament, State Legislatures, and offices of President and Vice President of India.
2. Electoral Roll Management: The ECI manages the preparation and maintenance of electoral rolls, ensuring the accuracy and completeness of voter lists across the country.
3. Election Expenditure Management: The Secretariat of the Election Commission of India maintains an independent budget, finalized through direct consultation with the Union Government's Finance Ministry, typically accepting the Commission's recommendations. While major election expenses are reflected in the budgets of the Ministry of Law & Justice and the concerned States/Union Territories, costs are divided based on the type of election: fully borne by the Union Government for Parliament-only elections, by the respective States for State Legislature-only elections, and equally shared for simultaneous elections. Similarly, expenses for capital equipment, electoral roll preparation, and the Electors' Identity Cards scheme are equally shared between the Union and State Governments.
4. International Cooperation: The Election Commission of India (ECI) holds key positions in global election bodies and has signed MoUs with numerous Electoral Management Bodies and international organizations. Through its 'India A-WEB Center' and premier training institute IIIDEM, the ECI facilitates capacity building and knowledge sharing. The ECI's International Election Visitors' Program (IEVP) provides insights into India's electoral processes, while its support extends to countries adopting Indian Electronic Voting Machines. Despite the pandemic, the ECI continues to foster cooperation through virtual IEVPs, reinforcing its commitment to promoting democratic values worldwide.
5. Judicial Affairs: After elections to the Parliament and State Legislatures conclude, they can be contested in the High Court and Supreme Court of India through an election petition. According to Article 329 of the Constitution, once the election process begins, the judiciary is prohibited from intervening by considering petitions regarding the conduct of the polls. Following the conclusion of the elections and the announcement of results, the Election Commission cannot independently review any outcomes. Reviews can only occur through the filing of an election petition, which can be submitted to the High Court for Parliament and State Legislature elections. Alternatively, such petitions for the offices of the President and Vice President can only be filed with the Supreme Court.
6. Media Relations: The Election Commission implements a thorough media strategy, regularly briefing both print and electronic media during elections and as required for specific occasions. Media personnel, including representatives from national and international outlets, receive authorization from the Commission to report from polling stations and counting centers. Moreover, the Commission disseminates various statistical reports and documents for public access.
7. Political Parties: Political parties must register with the Election Commission as per the law, and the Commission fosters internal democracy within them by mandating regular organizational elections. Recognition at the State and National levels is contingent on a party's performance in general elections, based on criteria set by the Commission. Additionally, the Commission resolves disputes among factions of recognized parties and ensures fair competition through the enforcement of a Model Code of Conduct, developed in consultation with political parties. Periodic consultations with parties further facilitate discussions on election conduct and proposed reforms.
8. Systematic Voters' Education and Electoral Participation (SVEEP): SVEEP, short for Systematic Voters' Education & Electoral Participation, is a comprehensive program aimed at educating citizens about the electoral process to encourage greater awareness and participation. Its objectives include increasing voter registration and turnout, promoting ethical and informed voting practices, and providing continuous education on electoral processes and democracy.

State Election Commission

State Election Commissions (SECs) are essential for maintaining the integrity of local elections in India, ensuring that they are conducted in a fair and impartial manner. According to Article 243K(1) of the Indian Constitution, SECs are empowered to supervise, direct, and control the preparation of electoral rolls and the entire election process for Panchayats and Municipalities. This responsibility is vested in the State Election Commissioner, who is appointed by the Governor of the respective state. The Constitution also stipulates, under Article 243K(2), that the terms of appointment and tenure of the State Election Commissioner are governed by laws made by the state legislature.

One of the critical safeguards of this role is that the Commissioner can only be removed under conditions similar to those for a High Court judge, providing a high degree of security and independence. This protection ensures that the Commissioner can operate without undue influence or pressure, enabling the SEC to uphold the principles of fairness and transparency in the electoral process. By having such measures in place, SECs help maintain the democratic foundation at the grassroot level, ensuring that local governance bodies are elected through a process that is both credible and legitimate.

International Experience

United States of America

The Election Assistance Commission is an independent body of the United States Government established by the Help America Vote Act, 2002 (HAVA). It mainly serves as a national resource center for election administration information.The EAC is responsible for distributing funds to states, creating guidelines to help states comply with HAVA, and setting voluntary standards for voting systems. Additionally, it accredits laboratories that test voting systems and certifies voting equipment. The EAC also oversees the creation and upkeep of a national mail voter registration form.

The Federal Election Commission (FEC) is an independent government agency, created by Congress in 1974. It is a regulatory body that is responsible for managing and upholding federal campaign finance regulations. It oversees the financial aspects of campaigns for the U.S. House of Representatives, Senate, Presidency and Vice Presidency.

The Electoral Commission, also known as the Hayes- Tilden Electoral Commission was a temporary body created by the U.S. Congress to resolve the disputed 1876 presidential election.

United Kingdom

The Electoral Commission is an independent authority in the United Kingdom responsible for overseeing elections and regulating political finance. It aims to foster public trust in the democratic process and uphold its integrity.

Pakistan

The Election Commission of Pakistan (ECP) is an independent, autonomous, and permanent federal institution constitutionally established to organize and oversee elections for the national parliament, provincial assemblies, local governments, and the presidency of Pakistan. The ECP is also responsible for delineating constituencies and preparing electoral rolls.

The aims, objectives and functions of the election commissions of various countries mimic each other, since they share the common goal of transparency and fairness in the democratic process of election.

Research that engages the Election Commission of India

Election Commission Of India And Its Independence-A Critical Study

This research paper critically examines the different aspects of the environment in which the Election Commission of India operates and tries to evaluate the degree to which it is able to function independently without interference. The study concludes, calling for modernization of the Election Commission to uphold democratic values and fairness in elections. It advocates for technological advancements, human resource development, and independence from executive influence. The paper proposes reforms such as independent commissioner appointments to enhance the Commission's integrity and effectiveness in conducting free and fair elections.

Role of Election Commission in India

The paper examines the development of the Election Commission of India (ECI) since its inception in 1950 under Article 324 of the Indian Constitution. It discusses the administrative changes and initiatives undertaken by the ECI to ensure free and fair elections. Additionally, it explores the role of the ECI in the democratic process, including its responsibilities, challenges, and legal framework provided by the Representation of the People Acts of 1950 and 1951. The paper also highlights the ECI's residuary powers recognized by the Supreme Court, enabling it to address situations not covered by existing laws. Overall, it provides insights into the evolving nature of electoral administration in India and the ECI's pivotal role in upholding democratic principles.

Election Commission of India in The Data-Driven Age

This paper critically examines the challenges and legal gaps concerning voter privacy and data protection in India's evolving data-driven landscape. With India's data protection laws still in the developmental phase, the paper investigates potential loopholes in the existing legal framework and governmental practices that could enable political manipulation of voters. Given the centrality of free and fair elections to democracy, the paper highlights the risks associated with the misuse of citizens' sensitive data for micro-targeted voter manipulation. Through an analysis of the Personal Data Protection Bill of 2019 and recent electoral reforms, as well as the Election Commission of India's (ECI) conduct, the paper sheds light on potential issues and proposes solutions to safeguard the integrity of the democratic electoral process in the face of emerging data-driven challenges.

Challenges faced by the Election Commission of India

One of the toughest hurdles for the Election Commission of India (ECI) is safeguarding the integrity of elections in the face of widespread misinformation. With social media platforms being used to spread false information, there's a real risk of it influencing voter decisions and undermining the entire electoral process. To tackle this, the ECI needs to devise effective strategies to combat misinformation, educate voters on media literacy, and collaborate closely with tech companies to prevent the spread of false narratives. Failure to address this challenge could seriously undermine public trust in the electoral system and the democratic process as a whole.

The Election Commission of India (ECI) faces a challenge regarding its appointment process due to constitutional uncertainties. While the Constitution grants Parliament the authority to legislate on ECI appointments, a recent Supreme Court ruling raises concerns about the separation of powers. The ruling suggests that Parliament could enact laws to override the Court's decision. However, with no legislation in place, there exists a constitutional gap, prompting the Court to intervene and fill this void. This challenge emphasizes the need for clarity and collaboration between the judiciary and the legislature to uphold the ECI's independence and effectiveness in ensuring democratic integrity.