The Election Commission of India (ECI) is an autonomous constitutional authority entrusted with the task of conducting elections in India. Established on 25th January 1950, ECI has been a torchbearer of India’s democratic principles. However, its operational independence from the government has recently been questioned by the Supreme Court, which noted that Chief Election Commissioners’ terms have drastically shortened since the 1950s.
The Nature and Structure of the Election Commission of India
ECI is tasked with overseeing Union and State election processes, excluding panchayat and municipal elections. Established under the Constitution’s Part XV (Article 324-329), the Election Commission ensures fair electoral practices, free from biases based on religion, race, caste or sex.
The structure of ECI has changed over time. Initially, it had only one election commissioner, but the Election Commissioner Amendment Act 1989 expanded it into a multi-member body. Currently, ECI consists of a Chief Election Commissioner (CEC) and two Election Commissioners, all appointed by the President. At the state level, the Election Commission’s duties are assisted by a Chief Electoral Officer, who holds an IAS rank.
Tenure and Removal of Election Commissioners
While ECI members enjoy a six-year tenure or serve till the age of 65, whichever comes first, they can also resign or be removed before their term expires. A CEC can only be removed through a process similar to that of a Supreme Court judge by Parliament. However, the Constitution does not specify the qualifications for ECI members or bar retiring commissioners from future appointments by the government.
Powers and Functions of the Election Commission of India
ECI’s responsibilities extend beyond the administration of elections. It determines electoral constituencies, revises electoral rolls, recognizes political parties, and allocates election symbols. Ensuring a level playing field for all political parties, ECI also decides election schedules.
ECI has advisory jurisdiction post-election to disqualify sitting members of Parliament and State Legislatures if found guilty of corrupt practices. Its opinion in such matters is binding on the President or Governor. Furthermore, it holds quasi-judicial power to settle disputes relating to splits/mergers of recognized political parties and can disqualify candidates failing to lodge their election expenses within defined limits.
Examining Past Questions from UPSC Civil Services Examination
Understanding ECI’s structure and functions is crucial for aspirants of the Union Public Service Commission (UPSC) Civil Services Examination. In 2017, a question required candidates to determine the correctness of statements about ECI, with the correct answer being that the Election Commission resolves disputes relating to splits/mergers of recognized political parties.
In the Mains examination, questions may ask candidates to discuss ECI’s role concerning the Model Code of Conduct – an instrument to ensure free and fair elections. Understanding these aspects and staying abreast of recent judicial observations about ECI can help candidates excel in their examinations.
As India’s apex body overseeing electoral processes, the Election Commission of India plays a pivotal role in maintaining the democratic ethos of the country. By ensuring free, fair, and unbiased elections, it strengthens the pillars of democracy and fosters public trust in the electoral process.
