Election Commission of India
What is Election Commission of India
The Election Commission of India (ECI) is an autonomous, quasi-judicial Constitutional body created under Article 324 of the Constitution of India. It is the supreme body vested with the powers of superintendence, direction and control of all aspects of elections to the offices of the President and the Vice President of India, both Houses of Parliament (Lok Sabha and Rajya Sabha), State Legislative Assemblies and State Legislative Councils. It is independent of the executive or the party in power.The main functions of the Election Commission of India (ECI) include “superintendence, direction and control” of the conduct of all elections to Parliament, state legislatures, and the offices of President and Vice-President; and the preparation of electoral rolls. This plenary power enables the ECI to notify election schedules, oversee the administrative machinery, resolve disputes, and ensure free and fair elections.
The Constitution provides for the Election Commission to be either a single-member or a multi-member body, depending upon the requirements from time to time. The Election Commission of India (ECI) was a single-member body comprising of Chief Election Commissioner except for a brief period from October 16, 1989 to January 1, 1990, when it was made a three-member body. Subsequently, since October 1, 1993, the Commission has been a three-member body, consisting of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
Additionally, Article 243K & Article 243ZA provides for State Election Commission in every state as a constitutional authority with powers of ‘superintendence, direction and control of the electoral roll preparation for, and the conduct of elections to the rural Panchayats and urban Municipalities in the state.
Official Definition of Election Commission of India
Election Commission of India as defined in Legislation
Election Commission is defined in Section 2(b) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 as 'Election Commission referred to in clause (1) of article 324 of the Constitution'. Article 324(1) of the Constitution of India vests in the Election Commission, the superintendence, direction and control of elections to Parliament and Legislature of every State, and to the offices of President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952, Representation of the People Act, 1951. Representation of People Act, 1950 and the rules made thereunder.
Composition
Section 3 of of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides for Composition of Election Commission. It states that the Election Commission shall consist of Chief Election Commissioner; and such number of other Election Commissioners as the President may fix from time to time. Article 324(2) of the Constitution of India empowers the President of India to fix from time to time the number of Election Commissioners other than the Chief Election Commissioner.
Chief Election Commissioner and Election Commissioners
Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 defines “Chief Election Commissioner” as the "Chief Election Commissioner appointed under clause (2) of article 324 of the Constitution and in accordance with this Act;"[1] and Section 2(c) of the act defines Election Commissioner as "any other Election Commissioner appointed under clause (2) of article 324 of the Constitution and in accordance with this Act;"[2] When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.
Regional Commissioners Article 324 of the Constitution of India also provides for Regional Commissioner, Article 324(4) states that the President may appoint Regional Commissioners after consulting the Election Commission to assist with election functions. As the Regional Commissioners are appointed by the President in consultation with the Commission to assist it to perform its function, the Election Commissioners are placed on a higher pedestal than the Regional Commissioners. While the Election Commissioners are members of the Election Commission, the Regional Commissioners are not its members.[3]
Appointment Process
Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint the Chief Election Commissioner and the Election Commissioners. The President of India by powers granted to him/her under article 77(3) of the Constitution of India has enacted The Government of India (Transaction of Business) Rules, 1961. The rules has expressly provided under the that the appointment, removal and resignation of the CEO and other election commissioners shall be made by the President and Prime Minister of India.[4] The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (repeals erstwhile Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991) aims to bring transparency to the appointment process, responding to a directive from the Supreme Court of India in the Anoop Baranwal v Union of India (2023) case. The Bench directed the creation of a committee comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India that would advise the President on ECI appointments. This committee was to exist till Parliament came up with a law for appointments.
The appointments process as provided under Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides for a search committee headed by the Law Minister, who would first prepares a shortlist of five candidates.[5] The shortlist is presented to a Selection Committee.[6] The Selection Committee can also consider names beyond the shortlisted candidates.[7]
Qualification of Candidate for the post of Chief Election Commissioner and Election Commissioner
The CEC and other ECs must have held a Secretary-level post in the Government of India and possess integrity, election management experience.[8] There was no requirement that appointees hold or have held a post equivalent to a Secretary to the Government of India prior to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Search Committee
A Search Committee, led by the Law Minister and comprising two other members not below the rank of Secretary to the Government of India, shortlists five candidates.[9]
Selection Committee
The CEC and ECs will be appointed by the President based on the recommendation of a Selection Committee consisting of:
- Prime Minister (Chairperson).
- Leader of the Opposition (LoP) (or leader of the largest opposition party) in the Lok Sabha.
- Union Cabinet Minister nominated by the Prime Minister.[10]
The Selection Committee can regulate its own procedure in transparent manner and it also has the power to consider names beyond the shortlisted five.[11] Further, the act provides that the appointment of Chief Election Commissioner and other Election Commissioners shall not be invalid merely by reason of any vacancy in or any defect in the constitution of, the Selection Committee;[12] thus, allowing the selection committee to function despite vacancies.
Removal and Resignation
Article 324(5) of the Constitution of India provides that the Chief Election Commissioner (CEC) shall not be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court. It follows that the Chief Election Commissioner can only be removed from office under similar procedures and grounds as those applicable to Supreme Court judges. (For more information check Removal of Judge)
Nevertheless, a similar impeachment procedure is not prescribed for the other Election Commissioners under Article 324(5), and they are treated on par with the Regional Commissioners. Instead Article 324(5) stipulates that subject to any Parliamentary law, the office tenure of the Election Commissioner and Regional Commissioners shall be determined by the President and that they cannot be removed except on the CEC’s recommendation. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 reiterates the language of Article 324(5)[13] and do not
Article 324(5) also stipulates that subject to any Parliamentary law, the office tenure of the Election and Regional Commissioners shall be determined by the President and that they cannot be removed except on the CEC’s recommendation. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provide that the Chief Election Commissioner and other Election Commissioners have a term of six years from the date they assume office, or until they reach the age of 65 years, whichever occurs first. They are not eligible for re-appointment, and if an Election Commissioner is appointed as the Chief Election Commissioner, their total term cannot exceed six years in aggregate.[14] The Chief Election Commissioner (CEC) and Election Commissioner (ECs) can however resign from their office by tendering their resignation to the President of India.[15]
Salary, Allowances, and Other Conditions of Service
The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) receive salary and allowances equivalent to a Supreme Court Judge. Their salaries are adjusted if they receive any prior government pension.[16] They have rights to leave benefits, pension as per previous government service rules, and subscription to the General Provident Fund.[17] Other service conditions like travel and medical facilities are determined by the President’s rules.[18]
Protection from Litigation
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 gives current and former members of the Election Commission of India protection from litigation.[19]
Transaction of Business
The Election Commission’s business is transacted according to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.[20] Further, the act provides that the Election Commission of India shall regulate the procedure for transaction of its business and allocate business among the Chief Election Commissioner and other Election Commissioners by unanimous decision. As far as possible, all business shall be transacted unanimously; however, if there is a difference of opinion, the matter shall be decided by a majority.[21]
Organisational and Operational Structure
The Election Commission of India (ECI) operates with a dedicated Secretariat located in New Delhi, comprising approximately 550 officials organised in a hierarchical structure. Assisting the Commission are 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, organised into Divisions, Branches, and Sections, each overseen by a Section Officer. The details of the post, method of appointment, age limit, qualifications and disqualifications are laid down in respective recruitment rules.
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. An electoral officer plays a crucial role in the administration and conduct of elections at various levels within a state. At the State level, the election process is overseen by the Chief Electoral Officer, who operates under the overall superintendence, direction, and control of the Election Commission. The Chief Electoral Officer is appointed by the Commission from among senior Civil Servants, nominated by the respective State government. Typically, this officer is a full-time official supported by a small dedicated team. At the District and Constituency levels, election duties are carried out by district-level officers such as District Election Officers, Electoral Registration Officers, and Returning Officers. These officers are supported by numerous junior officials and generally perform election-related functions alongside their other responsibilities.
During the General Elections, the Election Commission supervises, controls and oversees more than 12 million personnel and civil police officers.
Functions of ECI
The Election Commission of India (ECI) performs a comprehensive set of functions throughout the entire lifecycle of conducting elections, ensuring free, fair, and transparent democratic processes. Its responsibilities include the preparation and periodic revision of electoral rolls to register eligible voters; delimitation of parliamentary and assembly constituencies; notifying election schedules and dates; scrutinizing and approving nomination papers of candidates; granting recognition and election symbols to political parties; and setting and monitoring campaign expenditure limits. The ECI also enforces the Model Code of Conduct to regulate the behaviour of political parties and candidates during elections. Additionally, the Commission oversees the actual polling process, count of votes, and declaration of results, while also having the power to investigate and take action against electoral malpractices such as rigging or booth capturing. The ECI advises the President and Governors on matters related to disqualification of members of Parliament and state legislatures and deploys observers and officials to supervise election conduct. Throughout, the ECI operates in administrative, advisory, and quasi-judicial capacities to uphold the democratic integrity of elections in India
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. The elections are notified based on the recommendation of Election Commission of India.[22] The administrative machinery for the conduct of election functions under the supervision, direction, and control of Election Commission which delegates functions to electoral officer and different officials in this regard.[23] This includes curbing electoral malpractices, campaigning to increase voter participation, overseeing the Electronic Voting Machine (EVMs). The Conduct of Elections Rules, 1961 (as amended by Conduct of Elections (Second Amendment) Rules, 2024) govern all operational aspects of elections, including nomination of candidates, polling procedures, voting methods, management of ballot papers and voting machines, and counting of votes.
Electoral Roll Management
The ECI manages the preparation and maintenance of electoral rolls, ensuring the accuracy and completeness of voter lists across the country. The management of electoral rolls in India is governed chiefly by the Representation of the People Act, 1950, which empowers the Election Commission of India to oversee the preparation, revision, and correction of electoral rolls for every constituency, ensures that only eligible citizens aged 18 or above are registered, and specifies rules for removing, adding, or updating voter records in cases of change in eligibility or errors. The Act also outlines disqualifications for registration and authorizes designated officers to supervise these tasks, with the Registration of Electors Rules, 1960 providing detailed procedures for maintaining and revising the rolls, thereby securing the accuracy and fairness of the country’s voting lists.[24]
Election Expenses Monitoring
The ECI plays a central role in enforcing provisions related to campaign expenditure by setting expenditure limits,[25] spending beyond this limit is considered an electoral malpractice and can lead to disqualification. For this, the election commission of India monitors candidate and party spending through appointed observers and surveillance mechanisms, scrutinising submitted accounts, and taking action against violations to ensure a level playing field and curb the influence of money power in elections.[26]
Political Parties
The Election Commission of India (ECI) registers political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance. It has a regulatory control over registration, compliance requirements, and, in practice, continued oversight of political parties in India. Registered Political Parties must comply with conditions laid out by the Commission regarding their constitution, membership, and funding transparency. The Commission oversees party recognition, enabling it to grant or withdraw electoral symbols based on compliance and performance criteria. It also requires parties to maintain detailed accounts of their election expenditures and mandates periodic submissions for scrutiny.[27]
Quasi Judicial Functions
The Election Commission of India (ECI) performs several quasi-judicial functions, acting similarly to a judicial body in resolving disputes and enforcing election laws. These functions include deciding disputes related to the recognition of political parties, allotment and withdrawal of election symbols, disqualification of candidates who fail to submit valid and timely accounts of election expenses, and addressing complaints of electoral malpractices such as bribery and corrupt practices. The Commission also has authority to investigate violations of the model code of conduct and take appropriate remedial action.
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.
Voter Participation
The Election Commission of India runs a comprehensive program SVEEP, short for Systematic Voters' Education & Electoral Participation, 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.
Election Commission of India as defined in Official Government Reports
Constitution Assembly Debates
During discussions of the draft articles that came up before the Constituent Assembly on the 15th of August 1949, Shibban Lal Saksena proposed an amendment to the draft article which dealt with the manner of the appointment of the Chief Election Commissioner to be changed from direct appointment by the President to appointment by two-thirds majority in a Joint Session of both the houses of the Parliament as appointment by the President mandated no legal requirement that the President could consult with other parties or for that matter with the opposition parties as well. The President appointing the Election Commissioners meant that the President would act at the behest of the Prime Minister and his Council of Ministers, who would aid and advice the President who in turn shall, in the exercise of his functions, act in accordance with such advice which would defeat the entire set up of the Election Commission on the grounds of being an independent body as the Election Commission through its members is answerable to the cabinet rather than the Parliament.[28]
Proposal for Electoral reforms by Election Commission of India (2004)
The Electoral Reforms Proposal (2004) by Election Commission of India proposes key reforms to strengthen the institutional autonomy and operational efficiency of the Election Commission of India (ECI). It suggests constitutional amendments to grant all Election Commissioners the same protection as the Chief Election Commissioner, ensuring uniform security of tenure and independence. Additionally, it advocates for the establishment of an independent secretariat exclusively controlled by the ECI, insulating the Commission's functioning from external interference. To bolster the Commission’s financial independence, the document recommends that all expenses incurred by the ECI be charged directly to the Consolidated Fund of India, similar to other constitutional bodies. Furthermore, it calls for vesting the rule-making authority under the Representation of People Acts with the ECI rather than the Central Government, thereby enhancing the Commission’s autonomy in framing regulations critical to the conduct of elections.[29]
Goswami Committee
The Goswami Committee in 1990 recommended a change to the appointment process, suggesting that the CEC should be appointed by the President in consultation with the Chief Justice of India and the Leader of the Opposition in the Lok Sabha. In turn, the CEC should be additionally consulted on the question of appointment of the other Election Commissioners and the entire consultation process should have statutory backing. [30]
Law Commission Reports
255th Report on Electoral Reforms (2015)
The Law Commission 255th Report on Electoral Reforms recommended for strengthening Election Commission. The recommendations made in this regard include
- Article 324(5) of the Constitution should be amended to equate the removal procedures of the two Election Commissioners with that of the Chief Election Commissioner. Thus, equal constitutional protection should be given to all members of the ECI in matters of removability from office.[31]
- The appointment of all the Election Commissioners, including the CEC, should be made by the President in consultation with a three-member collegium or selection committee, consisting of the Prime Minister; the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha in terms of numerical strength); and the Chief Justice of India. Elevation of an Election Commissioner should be on the basis of seniority, unless the three member collegium/committee, for reasons to be recorded in writing, finds such Commissioner unfit.[32]
- A new sub-clause (2A) should be added to Article 324 of the Constitution to provide for a separate independent and permanent Secretariat for the ECI along the lines of the Lok Sabha/Rajya Sabha Secretariats under Article 98 of the Constitution. This will further improve the independence of the ECI.[33]
ECI as defined in official Documents
Parliamentary Debate
Rajya Sabha debate and Lok Sabha debate on the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 highlight serious apprehensions that the proposed Bill undermines the independence and autonomy of the Election Commission of India (ECI). The exclusion of the Chief Justice of India and opposition leaders from the selection panel for Chief Election Commissioner and Election Commissioners was highlighted as a major flaw. It was pointed out that while the Chief Election Commissioner enjoys constitutional protections, other Election Commissioners lack similar safeguards. Members demanded equal protection to ensure their security from arbitrary removal and political pressure.
The Election Commission of India (Reforms) Bill, 2023.
The Election Commission of India (Reforms) Bill, 2023 was a private member bill introduced in Rajya Sabha by P.Wilson. Some of the salient feature of the Private Member Bill include:
- The bill provides for appointment of selection committee for the comprising the Prime Minister (Chairperson), Law Minister, Leader of Opposition (or largest opposition party leader), a Supreme Court judge, and a distinguished member of civil society.
- The Bill provides for establishment of a permanent secretariat with dedicated staff appointed and controlled by the Commission, ensuring administrative independence.
- The Bill provides that all expenses of the Commission, including salaries and pensions, will be charged on the Consolidated Fund of India, securing its financial independence.
- The Bill empowers the ECI to make rules for carrying out the provisions of the Act, subject to notification and parliamentary oversight.
The Constitution (Seventieth Amendment) Bill, 1990
The Constitution (Seventieth Amendment) Bull 1990,[34] which was introduced in the Rajya Sabha on 30th May 1990 providing that the CEC would be appointed by the President after consultation with the Chairman of the Rajya Sabha, the Speaker of the Lok Sabha, and the Leader of the Opposition (or the leader of the largest party) in the Lok Sabha. The CEC was further made a part of the consultative process in the appointment of the Election Commissioners. However, on 13th June 1994, the Government moved a motion to withdraw the Bill, which was finally withdrawn with the leave of the Rajya Sabha on the same day.
Election Commission as defined in Case Laws
On Appointments
Anoop Baranwal v. Union of India (2023)
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.
On Qualifications
Bhagwati Prasad Dixit v. Rajeeb Gandhi (1986)
The Supreme Court in Bhagwati Prashad Dixit Ghorewala v Rajiv Gandhi rejected the contention that the CEC should possess qualifications similar to that of a Supreme Court judge, despite being placed on par with them in terms of the removal process.
On Scope of Powers
A.C. Jose v. Sivan Pillai (1984)
In A.C. Jose v. Sivan Pillai, the Supreme Court held that the Commission had no power outside the provisions of the Act or rules made by the Legislature under article 327. Where there is no Parliamentary Legislation or rule made thereunder the commission is free to pass any orders in respect of conduct of election. The powers of the Commission are meant to be supplement rather than supplant the law in the matters of superintendence, direction and control of elections under article 324.
On Decision Making
T.N. Seshan v. Union of India (1995) .
in T.N. Seshan v. Union of India,[35] the Supreme Court held that in cases of differences of opinion between Chief Election Commissioner and the other Commissioners the rule of majority to apply. Any friction among the members would adversely affect the prestige and efficiency of the Commission.
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.
Research that engages the Election Commission of India
Role of Election Commission in India
This research 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.[36]
Election Commission of India in The Data-Driven Age
This paper by Shreya Srikantcritically 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 highlight 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.[37]
The Election Commission or the Elected Commission (LOAT Blog)
The article by Vrinda Chaturvedi critiques the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, arguing that it significantly weakens the independence of the Election Commission of India (ECI) by giving the executive branch predominant control over appointments. Examining constitutional provisions, Supreme Court judgments, and historical intent, the piece shows how the new law departs from prior mechanisms—especially the removal of the Chief Justice of India from the selection committee and the concentration of power with the Union Government. The author argues this undermines both the fairness and constitutional integrity of the ECI, as its crucial quasi-judicial and democratic functions demand greater insulation from political influence. The article concludes by warning that recent judicial reluctance to intervene leaves the effectiveness of future electoral reforms unclear, especially under the shadow of increasing executive dominance.[38]
The constitutional demand at the heart of voter-fraud allegations (ICLP Blog)
The blog post by Vasudev Devadasan, examines recent allegations of voter fraud in Bangalore, shifting focus from the allegations themselves to the broader constitutional issues related to the independence of the Election Commission of India (ECI). It argues that verifying the voter fraud claims requires only data already available within the ECI, and that traditional reliance on judicial or parliamentary committees often removes pressing issues from public scrutiny, with little legal remedy possible after elections. The post details recent legislative and administrative moves, such as the 2023 law allowing government-dominated ECI appointments and rules restricting access to polling booth footage, which together have eroded public confidence in the ECI’s independence. Ultimately, it contends that India urgently needs both immediate and long-term reforms to ensure a truly independent ECI, possibly through interim appointments confirmed by a supermajority in Parliament, while highlighting the deeper constitutional deficiency in safeguarding electoral integrity.[39]
References
- ↑ S. 2(a) Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S. 2(c) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ http://student.manupatra.com/Academic/Abk/Constitutional-Law-of-India/CHAPTER-32.htm
- ↑ Third Schedule, Rule 8, serial number 22, 36 The Government of India (Transaction of Business) Rules, 1961
- ↑ S.6 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.6 the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.7(2) Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.5 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.6 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.7(1) Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.8 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.7(2) Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.11(2) and 11(3) Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.9 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.11 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.10 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.10,12,13, and 14 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.15 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.16 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.17 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ S.18 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ↑ Part III, Representation of the People Act, 1951
- ↑ Part IV, Representation of the People Act, 1951
- ↑ https://www.eci.gov.in/Documents/Final-ER-FAQ.pdf
- ↑ Section 77(3) Representation of the People Act, 1951
- ↑ Section 77 and 78 Representation of the People Act, 1951
- ↑ Part IV-A, Representation of the People Act, 1951
- ↑ Article 324: Superintendence, direction and control of elections to be vested in an Election Commission," Constitution of India, IndiaCode, accessed September 4, 2025, https://www.constitutionofindia.net/articles/article-324-superintendence-direction-and-control-of-elections-to-be-vested-in-an-election-commission/.
- ↑ Election Commission of India, "Electoral Reforms," Press Note No. ECI/PN/26/2004, dated August 2, 2004, https://hindi.eci.gov.in/files/file/3106-electoral-reforms/ (accessed on September 5, 2025).
- ↑ Goswami Committee Report, P.9https://adrindia.org/sites/default/files/Dinesh%20Goswami%20Report%20on%20Electoral%20Reforms.pdf
- ↑ [Para 6.9] Law Commission 255th Report on Electoral Reforms
- ↑ [Para 6.12.5] Law Commission 255th Report on Electoral Reforms
- ↑ [Para 6.19 & 6.20] Law Commission 255th Report on Electoral Reforms
- ↑ Bill XXVI of 1990; The Constitution (Seventieth Amendment) Bill, 1990; Introduced in Rajya Sabha on 30 May, 1990
- ↑ T.N. Seshan v. Union of India (1995) 4 SCC 611: 1995 AIR SCW 3341
- ↑ Aaqib Mushtaq Bhat, Dr Akhilesh Ranaut, "Role of Election Commission in India", International Journal of Science and Research (IJSR), Volume 8 Issue 4, April 2019, pp. 1515-1519, https://www.ijsr.net/getabstract.php?paperid=ART20197282
- ↑ Shreekant, Shreya. (2022). Election commission of india in the data-driven age. Indian Journal of Integrated Research in Law, 2(1), 1-8. https://heinonline.org/HOL/LandingPage?handle=hein.journals/injloitd2&div=59&id=&page=
- ↑ Chaturvedi, Vrinda. “The Election Commission or the ‘Elected’ Commission?” Law and Other Things, published by Baibhav Mishra, student editorial board, edited by Vishnu Bandarupalli, https://lawandotherthings.com/the-election-commission-or-the-elected-commission/
- ↑ Devadasan, Vasudev. “The constitutional demand at the heart of voter-fraud allegations.” Indian Constitutional Law and Philosophy, 9 Aug. 2025, https://indconlawphil.wordpress.com/2025/08/09/the-constitutional-demand-at-the-heart-of-voter-fraud-allegations/