Election Commission of India

The Indian Constitution established the electoral commission as an independent agency to guarantee free and fair elections. The Lok Sabha elections are being hosted by the Indian Election Commission. The election commission is empowered by the constitution to oversee, direct, and manage elections for the state legislature, the national assembly, the office of the president, and the vice president of India. One entity that is shared by the national and state governments of India is the Election Commission. On the other hand, the elections for municipalities and panchayats in the various states are not handled by the electoral commission. The Indian constitution provides for a separate electoral commission for these elections.

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This Story also Contains

1. What is the Election Commission of India?
2. Historical background Election Commission of India
3. Constitutional Provisions Related to Elections in India
4. Composition of The Election Commission of India (ECI)
5. Power and Functions of The Election Commission of India
6. List of India's Chief Election Commissioners
7. Importance of Election Commission for India
8. Independence of Election Commission of India
9. Landmark Election Judgements that influenced the Indian electoral system
10. Conclusion

What is the Election Commission of India?

• The EC is a constitutional body.

• In accordance with the requirements of the Indian Constitution, the Election Commission of India was established in 1950 as a permanent body.

• The Indian Constitution's Part XV addresses ECI.

• It is a body that is shared by all of India, Central and State.

• The ECI is covered by Article 324 of the Indian Constitution.

• Its responsibility extends to holding elections for state legislative assemblies, the Rajya Sabha, and the Lok Sabha.

• It is also in charge of the legislative assembly for union regions and the presidential and vice presidential elections.

Historical background Election Commission of India

• The Election Commission was established in accordance with the Constitution on January 25, 1950. The Commission commemorated its Golden Jubilee in 2001.

• At first, the commission consisted of a single Chief Election Commissioner. The board now consists of a Chief Election Commissioner, as well as two Election Commissioners.

• Two more Commissioners were appointed for the first time on October 16, 1989, however, their tenure was just for a month, ending on January 1, 1990.

• On October 1, 1993, two additional Election Commissioners were appointed.

• Since then, a multi-member Commission has been envisaged, with a majority vote serving as the basis for decision-making.

Note: In compliance with constitutional obligations, the Election Commission of India (EC) was founded on January 25, 1950 (Article 324). This day has been commemorated as "National Voters' Day" since 2011.

Constitutional Provisions Related to Elections in India

The Indian Constitution's Part XV addresses elections and creates a commission to handle these issues. On January 25, 1950, the Election Commission was created under the Constitution. The constitution's Articles 324 to 329 address the commission's and member's authority, role, term, eligibility, and other matters.

Articles related to Elections

Composition of The Election Commission of India (ECI)

The Election Commissioner Amendment Act of 1989 allowed the commission to expand from having only one election commissioner at the outset to having several members.

The following guidelines for the makeup of the electoral commission are provided under Article 324 of the Indian Constitution:

• Constitutional Provision: Article 324

• Composition: A Chief Election Commissioner and whatever many more Commissioners the President of India deems necessary. Currently, there are two election commissioners and the chief election commissioner.

• Appointment: On the advice of a three-person Selection Committee that included the Leader of the Opposition (LoP) in the Lok Sabha, the Prime Minister of India, and a Union Minister recommended by the Prime Minister, the President of India made the decision.

• Chief Election Commissioner: When additional election commissioners are appointed, the Chief Election Commissioner serves as the group's chairman.

• Tenure: Until they become 65 years old, or six years, whichever comes first.

• Removal: The Chief Election Commissioner may be dismissed under the same circumstances and with the same tools as a Supreme Court judge. The Chief Election Commissioner may recommend the removal of other Election Commissioners.

• Resignation: Can submit a letter of resignation to the Indian President.

• Post-Tenure Appointment: Qualified to be appointed again by the Union Government.

• Duties and Powers: Authority to oversee, guide, and manage elections for the State Legislatures, the Indian President, and the Indian Vice-President.

• Equal Status and Remuneration: The Chief Election Commissioner and the other two Election Commissioners have the same position and are entitled to the same benefits and remuneration as Indian Supreme Court judges.

• Collective Decision-Making Authority: As a collective body, the Chief Election Commissioners and the two Election Commissioners have equal authority to make all election-related decisions.

• Resolution of Differences: The Commission decides a subject by majority if the Chief Election Commissioner and/or two other election commissioners cannot agree on anything.

Power and Functions of The Election Commission of India

Three categories may be used to categorise the Election Commission of India's powers and functions, as will be outlined below:

Administrative Functions

• Identify the electoral constituencies' geographical boundaries.

• Edit and update the voter lists.

• Send out schedules and dates, and carefully review the nomination forms.

• Allocate emblems to political parties and recognise them as national or state parties.

• Ask the governor or the president for assistance.

• Oversee apparatus to guarantee impartial and unhindered elections.

Advisory Functions

• The President is advised by the ECI to disqualify Members of Parliament.

• Additionally, it provides the governor with advice about the disqualification of legislative assembly and legislative council members.

• Gives presidents advice on how to hold elections in the state in which they are in power.

Quasi-Judicial Functions

• In resolving conflicts between political parties, it serves as a court.

• It designates officials to investigate election preparations.

• By releasing specific standards, it establishes a model code of behaviour for politicians and political parties.

• The amount that political parties are allowed to spend on election campaigns is capped by ECI.

• In the event that the Reading Booth records violence or other irregularities during the election process, it has the ability to nullify the results.

List of India's Chief Election Commissioners

Importance of Election Commission for India

• Since 1952, the Election Commission has conducted state and national elections with great success. These days, it actively works to guarantee increased public engagement.

• By threatening to withhold recognition if the political parties failed to uphold intra-party democracy, the Commission has imposed discipline on them.

• It upholds the principles of the Constitution, including independence, impartiality, equality, and equity, as well as the rule of law in terms of oversight, management, and control over electoral governance.

• Elections with the greatest standards of legitimacy, equity, accountability, openness, integrity, autonomy, and professionalism are made possible with the assistance of ECI.

• It guarantees that all eligible individuals participate in the electoral process in a setting that is inclusive, voter-centric, and friendly to voters.

• In order to promote the election process, the Indian Election Commission interacts with political parties and other interested parties.

• To improve and fortify confidence and trust in this nation's electoral system, it raises understanding of the electoral governance and process among stakeholders, including political parties, voters, election workers, candidates, and the general public.

Independence of Election Commission of India

The requirements outlined in Article 324 of the Indian Constitution are intended to guarantee the unbiased and independent operation of the Election Commission of India (ECI). The following illustrates which one is the most significant:

• The tenure security of the Chief Election Commissioner (CEC) is granted. He or she may only be removed in accordance with the procedures and grounds specified by the Constitution.

• Even though a Regional Commissioner or other Election Commissioners' security of tenure is not guaranteed by the Constitution, they are unable to be removed from office absent the CEC's recommendation.

• Following their appointment, the Chief Election Commissioner and the other Election Commissioners' service terms cannot be changed to their detriment.

Landmark Election Judgements that influenced the Indian electoral system

Anoop Baranwal vs Union of India Case, 2023

Facts about the Case

In January 2015, Anoop Baranwal filed a Public Interest Litigation (PIL) claiming that the existing procedure for selecting the CEC and election commissioners is unlawful. Such nominations to the Election Commission of India (ECI) are made by the President on the Prime Minister's recommendation, despite the fact that Article 324 expressly mandates that the Parliament draft a pertinent law.

The petitioner argued that a just, equitable, and transparent selection process must be used to select the members of the Election Commission. This case was joined with a few comparable petitions filed by Ashwani Kumar Upadhyay and the Association for Democratic Reforms, among others, and determined collectively.

Judgement of the Case

A five-judge bench of the Supreme Court (SC) unanimously ruled that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha and Chief Justice of India (CJI). The head of the opposition party with the most members in the Lok Sabha shall be a member of this committee if there isn't a leader of the opposition available.

In response to the Supreme Court's 2023 order in the Anoop Baranwal v. Union of India case, the Parliament approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

• Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) statute, 1991 is superseded by this statute.

• It outlines the processes for selecting, paying, and dismissing Election Commissioners (ECs) and the Chief Election Commissioner (CEC).

• The President will appoint the CEC and ECs based on the Selection Committee's proposal.

• The Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition/leader of the biggest opposition party in the Lok Sabha shall make up the Selection Committee.

• Even in the event that this Committee has a vacancy, the recommendations made by the Selection Committee will remain in effect.

• A group of names will be recommended to the Selection Committee by the Search Committee, which is led by the Cabinet Secretary.

• Possessing (or having had) a position comparable to that of Secretary to the central government makes one eligible for the positions.

• The CEC and ECs will have the same pay and working conditions as the Cabinet Secretary.

• It was the same as a Supreme Court judge's remuneration under the 1991 Act.

Conclusion

Democracy is based on elections, and the validity of the elections depends on the ECI. Nearly all of the tasks necessary to guarantee a free and fair election in the nation are within the purview of the Indian Election Commission. The electoral commission is now the foundation of a genuine democracy. It oversees the elections for the state legislature, the parliament, and the positions of President and Vice-President.