Election Commission of India (ECI): Provisions, Functions, and Independence

Introduction

The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering and supervising electoral processes in India. Established in 1950, the ECI ensures the conduct of free, fair, and transparent elections for national parliamentary elections to state legislative assemblies and the office of the President and the Vice-President of India. The Constitution of India provides for a separate State Election Commission for the elections of panchayats and municipalities in the states.

The ECI plays a crucial role in upholding the integrity of India’s democratic system by enforcing election laws and regulations impartially and efficiently. 

Constitutional Provisions of Election Commission of India

Powers and Functions of ECI

• Delimitation of Electoral Constituencies: Determination of territorial areas of the electoral constituencies based on the Delimitation Commission Act of Parliament.
• Electoral Rolls: Prepare and periodically revise electoral rolls and register all eligible voters.
• Election Processes: Notification of dates and schedules of elections and scrutinize nomination papers.
• Recognition of Political Parties: Grant recognition to political parties and allot election symbols to them.
  • Settlement of Disputes: Settle disputes related to granting recognition to political parties and allotment of election symbols to them.
  • Registration of political parties and grant of status of national or state parties on the basis of their poll performance.
• Electoral Inquiry Officers: Appoint officers to inquire into disputes relating to electoral arrangements.
• Electoral Code of Conduct: Determine the code of conduct to be observed by the parties and the candidates at the time of elections.
• Prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
• Advisory Role: Advise the President with respect to disqualifications of the members of Parliament.
  • Advise the Governor  with respect to disqualifications of the members of the State legislature.
  • To advise the President to hold elections in a state under the President’s rule in order to extend the period of emergency after one year.
• Cancellation of Poll: To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
• Requisition of Staff: Request the President or the Governor to requisition the staff necessary for conducting elections.
• Supervision of Electoral Machinery: Overseeing the electoral machinery nationwide to ensure fair and unbiased elections.

Independence of ECI

• Chief Election Commissioner:
  • Provided with the security of tenure. 
  • He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court.
  • Other election commissioners: Cannot be removed from office except on the recommendation of the CEC.
  • Service conditions cannot be varied to his disadvantage after his appointment.

Challenges to the Independence and Impartiality of the Election Commission

• The Constitution does not provide the following related to ECI.
• Qualifications of the members of the Election Commission.
• The term of the members of the Election Commission.
• The Constitution has not debarred retiring election commissioners from any further appointment by the government.
• In Anoop Baranwal case (2023), the Supreme Court gave the following directions to ensure the independence and neutrality of the Election Commission, free from all external political and executive interference:
  • It declared that the appointment of the Chief Election Commissioner and the other Election Commissioners shall be made on the recommendations of a three-member committee consisting of the 
    • Prime Minister.
    • The Leader of the Opposition in the Lok Sabha. (in case there is no Leader of the Opposition in the Lok Sabha, then the Leader of the largest opposition party in terms of numerical strength)
    • The Chief Justice of India.
  • It is desirable that the grounds for the removal of the other Election Commissioners shall be the same as that of the Chief Election Commissioner.
  • The conditions of service of the other Election Commissioners shall not be varied to their disadvantage after appointment.
  • The above directions shall be in effect until the Parliament makes a law in consonance with Article 324 of the Constitution.

Conclusion

• The Election Commission of India (ECI) stands as a vital guardian of democracy, entrusted with the responsibility of conducting free, fair, and transparent elections across the nation. 
• Through its diligent oversight, the ECI ensures the integrity of electoral processes, upholding the fundamental principles of democracy and ensuring the voice of the people is heard through legitimate means.