The Election Commission of India (ECI) is an autonomous constitutional authority. It oversees elections in India at both the Union and State levels. Established on 25 January 1950, it is responsible for administering elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies. The ECI also manages elections for the offices of the President and Vice President of India. It does not oversee local body elections, which are managed by State Election Commissions.
Constitutional Provisions
The ECI operates under Part XV of the Constitution of India, specifically Articles 324 to 329. Key provisions include:
- Article 324: Grants the ECI power over the superintendence, direction, and control of elections.
- Article 325: Ensures no person is ineligible for electoral rolls based on religion, race, caste, or sex.
- Article 326: Establishes elections based on adult suffrage.
- Article 327: Empowers Parliament to legislate on election matters.
- Article 328: Allows State Legislatures to legislate on their elections.
- Article 329: Bars courts from interfering in electoral matters.
Structure of the ECI
The ECI originally consisted of a single Election Commissioner. However, following the Election Commissioner Amendment Act of 1989, it became a multi-member body. Currently, it comprises:
- Chief Election Commissioner (CEC)
- Two Election Commissioners (ECs)
The President appoints the CEC and ECs based on the recommendations of a committee, which includes the Prime Minister, Leader of the Opposition, and Chief Justice of India.
Appointment and Tenure
The appointment of the Chief Election Commissioner and Election Commissioners is governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Key points include:
- Fixed tenure of six years or until the age of 65, whichever comes first.
- Salary and conditions of service equivalent to that of a Supreme Court Judge.
The CEC can only be removed through a process similar to that of a Supreme Court judge, while ECs can be removed on the CEC’s recommendation.
Functional Setup
The ECI operates from its secretariat in New Delhi, comprising around 550 officials. The structure includes:
- Five to six Deputy Election Commissioners
- Director Generals and other senior officers
- Functional divisions for administration, electoral rolls, election expenditure, media, and more.
Work is distributed among various divisions and sections, each managed by a Section Officer.
Election Process Management
The ECI manages all aspects of the electoral process. It decides:
- Election schedules
- Polling station locations
- Voter assignments
- Counting centres
The Commission ensures that elections are free from executive interference.
Political Parties and ECI
Political parties must register with the ECI. The Commission promotes inner-party democracy by requiring regular organisational elections. Registered parties receive recognition based on their electoral performance. The ECI also resolves disputes among party factions.
Advisory and Quasi-Judicial Functions
The ECI has advisory powers regarding post-election disqualifications. It provides opinions on candidates found guilty of corrupt practices. The ECI’s opinions are binding on the President or Governors.
Judicial Review
Elections can be challenged through election petitions in High Courts or the Supreme Court. Article 329 restricts judicial intervention during the election process. The ECI cannot review election results independently; this is done through legal petitions.
Media Policy
The ECI maintains a comprehensive media policy. It conducts regular briefings for print and electronic media. Media representatives are allowed access to polling stations and counting centres. The ECI publishes statistical reports available to the public.
Voter Education Initiatives
The Systematic Voters’ Education & Electoral Participation (SVEEP) programme aims to enhance voter awareness. Its objectives include:
- Increasing voter registration and turnout
- Promoting informed and ethical voting
- Providing continuous education on electoral processes
International Cooperation
As the largest democracy, India plays role in global electoral practices. The ECI is a founding member of various international election bodies. It promotes collaboration and shares best practices. The ECI has signed MoUs with numerous electoral management bodies worldwide.
Recent Initiatives
The ECI has introduced various reforms to enhance the electoral process:
- Criminal Cases Disclosure: Political parties must publish details of candidates with pending criminal cases.
- Postal Ballot for Absentee Voters: Absentee voters can opt for postal ballots.
- Online Nomination Form: Candidates can enter personal details online to reduce errors.
- Eco-Friendly Elections: The ECI encourages the use of eco-friendly materials in campaigns.
- Four Qualifying Dates: Citizens can enroll in electoral rolls on four specific dates each year.
Budget and Expenditure
The ECI has an independent budget, developed with the Finance Ministry. Expenditures for conducting elections are reflected in the budgets of the Ministry of Law and Justice and the respective State Governments. The Union Government bears costs for parliamentary elections, while State Governments cover state elections.
Election Personnel
The ECI employs a vast workforce to conduct elections. This includes over twelve million polling personnel and civil police forces. These personnel are deemed to be on deputation to the ECI during election periods.
State-Level Management
At the state level, the Chief Electoral Officer supervises elections. They are appointed from senior civil servants. District and constituency levels have District Election Officers and Returning Officers who manage local election activities.
Challenges and Limitations
The ECI faces challenges such as ensuring free and fair elections amid political pressures. Limitations include a lack of specified qualifications for commissioners and the absence of restrictions on post-retirement appointments.
Recent Legal Developments
The Supreme Court’s ruling in Anoop Baranwal vs Union of India (2023) mandated a committee for appointing the CEC and ECs. This committee includes the Prime Minister, Leader of the Opposition, and Chief Justice of India.
