Election Commission of India (ECI)

GS 2 – POLITY

The Election Commission of India (ECI) is an independent constitutional authority responsible for conducting free and fair elections in India. It ensures the integrity of the electoral process for parliamentary, state legislative, and presidential elections.

1. Constitutional Provisions

• Article 324: Vests the ECI with the power to conduct and supervise elections to:
  • The President and Vice-President of India
  • Lok Sabha and Rajya Sabha
  • State Legislative Assemblies and Legislative Councils
• Articles 325-329: Deal with electoral matters, including universal adult suffrage and delimitation of constituencies.

2. Composition of ECI

The Election Commission consists of:

1. Chief Election Commissioner (CEC)
2. Election Commissioners (ECs) – Usually two (since 1993)

• Appointment: By the President of India
• Tenure: 6 years or until 65 years of age, whichever is earlier
• Removal:
  • The CEC can be removed in the same manner as a Supreme Court judge (i.e., impeachment by Parliament).
  • The ECs can be removed by the President on the recommendation of the CEC.

3. Powers and Functions of ECI
4. Administrative Functions

• Conducts elections for Parliament, State Legislatures, and Presidential/Vice-Presidential posts.
• Prepares and updates electoral rolls.
• Recognizes political parties and assigns election symbols.
• Conducts delimitation of constituencies.

1. Advisory Functions

• Advises the President and Governors on disqualification of MPs and MLAs under Anti-Defection Law (Tenth Schedule).
• Recommends disqualification of candidates for corrupt practices.

1. Quasi-Judicial Functions

• Settles disputes related to election symbols.
• Acts against violations of the Model Code of Conduct (MCC).

1. Supervisory & Regulatory Functions

• Monitors election campaigns and election expenditure.
• Enforces the Model Code of Conduct (MCC) to ensure free and fair elections.
• Can order repolling in case of malpractices.

4. Model Code of Conduct (MCC)

The MCC is a set of guidelines for political parties and candidates to ensure fair elections.
Key provisions:

• No misuse of government resources for campaigning.
• No hate speeches or appeals to religion/caste for votes.
• No announcement of new policies or schemes during elections.

5. Electoral Reforms in India
6. Major Reforms

1. Anti-Defection Law (1985) – Prevents elected members from switching parties.
2. Voter Verifiable Paper Audit Trail (VVPAT) (2013) – Enhances transparency in electronic voting.
3. Introduction of NOTA (2013) – Provides voters with the option to reject all candidates.
4. Limit on Election Expenditure:
   • ₹95 lakh (Lok Sabha) and ₹40 lakh (State Assembly) per candidate.
5. Electoral Bonds (2018) – Aims at transparent political funding (now struck down by the Supreme Court).

1. Challenges in Electoral Process

• Criminalization of Politics – Many candidates with criminal records contest elections.
• Money Power – Excessive election spending influences voter behavior.
• Misuse of Social Media – Fake news and misinformation affect free elections.
• EVM Controversies – Allegations of tampering despite technical safeguards.
• Paid News – Unregulated media influence in elections.

6. Way Forward

• State Funding of Elections: To curb money power.
• Stronger Laws Against Paid News & Misinformation.
• Use of Technology: Blockchain-based voting systems.
• Simultaneous Elections: To reduce the burden on the economy and administration.