ELECTION COMMISSION OF INDIA 

About Election Commission of India (ECI)

    • The Indian Constitution established the Election Commission of India (ECI), a permanent independent body, to guarantee free and fair elections throughout the nation. 
    • It is a Constitutional Body because it was created directly in accordance with the Constitution’s provisions.
    • Since the Central and State governments share the ECI, it can be considered an All-Indian body. 
    • The Election Commission of India (ECI) is empowered by the Constitution to oversee, direct, and manage the Lok Sabha and Rajya Sabha legislative elections. 
    • State Legislative Council and State Legislative Assembly, if applicable, are 
    • the state legislatures. 
    • President of India’s Office 
    • Vice-Presidential Office of India 
    • Note that holding elections for Panchayats and Municipalities in the States is not within the purview of the ECI. 
    • The Indian Constitution establishes a distinct State Election Commission in every State for this reason.
    • Sections of the Constitution pertaining to the Election Commission of India (ECI)
    • Article 324 of the Indian Constitution addresses the Election Commission of India (ECI) and its related provisions. 
    • The article includes comprehensive guidelines about the ECI’s membership and appointment procedures, its roles and responsibilities, and other relevant topics. 
    • Members of the Indian Election Commission 

Article 324 of the Constitution has made the following provisions about the composition of the Election Commission of India:

    • The Chief Election Commissioner (CEC) and however many additional Election Commissioners (ECs) the President may from time to time designate will make up this body. 
    • The President is responsible for appointing CECs and other ECs.
    • The Chief Election Commissioner will preside over the ECI in the event that another Election Commissioner is appointed in this capacity. 
    • In order to support the ECI, the President may also designate any Regional Commissioners (RCs) that he deems necessary after consulting with the ECI. 
    • The President will decide on the terms of service and length of office for the Election Commissioners and the Regional Commissioners (subject to any related law made by the Parliament). 

Appointment of Members of ECI

    • The President of India appoints the Chief Election Commissioner and the Election Commissioners on the recommendation of a three-member Selection Committee in accordance with the Chief Election Commissioner and other Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. 

Committee consisting of:

    • The Indian Prime Minister 
    • The Leader of the Opposition (LoP) in the Lok Sabha
    •  A Union Minister proposed by the Prime Minister 
    • Five names are recommended to the Selection Committee by a Search Committee led by the Cabinet Secretary.
    •  The Search Committee’s suggested names are not required to be followed by the Selection Committee, which is free to consider any candidate.
    •  It should be mentioned that in 2023, there was a recent change to the procedure for appointing the Chief Election Commissioner and Election Commissioners. 
    • Prior to this, the Union CoM recommended their appointment by the President. 

Term of Members of ECI

    • The Election Commissioners and the Chief Election Commissioner serve six-year terms, or until they turn sixty-five, whichever comes first, as per the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. 

Resignation of ECI Members

    • The Chief Election Commissioner and the Election Commissioners may resign at any time by writing to the President in accordance with the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. 

Removal of Members of ECI

    • The Chief Election Commissioner’s removal 
    • The Chief Election Commissioner is subject to removal under the same procedures and criteria as a Supreme Court judge.
    • Put another way, the President may remove him or her based on a resolution approved by both Houses of Parliament with a Special Majority, either for proven misconduct or incapacity. 
    • Regional Commissioners and Election Commissioners are removed
      On the Chief Election Commissioner’s recommendation, any other Election Commissioner or Regional Commissioner is removed from office.
    • As a result, the other Election Commissioners are not entitled to the Chief Election Commissioner’s security of tenure protection. 

Salary and Allowances of the Members of the ECI

    • The Chief Election Commissioner (CEC) and two Election Commissioners (ECs) are entitled to the same salary, allowances, and other benefits as a Supreme Court judge, per the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
      Election Commissioners and the Chief Election Commissioner

As per the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991:

    • In terms of authority and other benefits, the Chief Election Commissioner and the other two Election Commissioners are on an equal footing. 
    • The Commission decides a matter by majority if the Chief Election Commissioner and/or two other Election Commissioners cannot agree on anything.
    • As a result, even though the Chief Election Commissioner leads the Election Commission, all of the Election Commissioners have equal decision-making authority. 

Power and Functions of ECI

The Election Commission of India’s powers and functions can be divided into three categories, as follows: 

Administrative Functions: 

    • This section determines the boundaries of electoral constituencies in accordance with the Delimitation Commission Act of Parliament. 
    • To compile and update electoral rolls on a regular basis and to register all eligible voters. 
    • To send out election schedules and dates and to carefully review nomination papers. 
    • To give political parties official status and assign them election symbols. 
    • To ascertain the MCC, or Model Code of Conduct.
    • To compile a list of political parties’ policies for radio and television promotion. 
    • To void surveys in case of booth capturing, rigging, etc. 
    • To ask the Governor or President to order the personnel required to hold elections. 
    • To oversee the nation’s election machinery in order to guarantee free and fair elections. 
    • To register political parties for elections and bestow upon them the national or state party designation according to the results of their polls. 

Advisory Functions

    • to provide the President with advice on issues regarding the disqualification of Parliamentary members. 
    • To counsel the President on whether elections may be held in a State while the President is in office, and to counsel the Governor on issues pertaining to the disqualification of State Legislature members. 

Quasi-Judicial Functions:

    •  To mediate disputes pertaining to the recognition of political parties and the assignment of election symbols to them by serving as a court. 
    • To designate representatives to investigate disagreements regarding election arrangements. 

Assisting Machinery of ECI

    • To support the electoral process, the Election Commission of India (ECI) depends on a well-organized apparatus made up of different roles and responsibilities:

Commissioners of Deputy Elections (DEC)

    • The ECI appoints these Commissioners, who are chosen from the civil services and have a tenure structure. 
    • The Secretaries, Deputy Secretaries, Joint Secretaries, and Under Secretaries support them.

Officer in Charge of Elections (CEO) 

    • The Chief Election Commissioner appoints these officials at the state level after consulting with the state government. 

District Returning Officers (DROs): 

    • District-level appointments are made for these positions. For each district constituency, the Collector serves as the DRO. 

Returning Officers (RO): 

    • The DRO appoints these officials for each constituency. 

Officer in Charge (PO) 

  • The DRO appoints these officers for each polling place.

The Election Commission of India’s (ECI) independence 

Constitutional Clauses Protecting ECI’s Independence 

    • The provisions outlined in Article 324 of the Indian Constitution are intended to guarantee the impartial 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.

Factors Undermining ECI’s Independence 

    • The Election Commission of India members’ qualifications are not specified in the Constitution. 
    • The term of office for members of the Election Commission of India is not specified in the Constitution. 
    • After Election Commissioners are appointed, they are not prohibited by the Constitution from serving under different conditions. 
    • Retiring Election Commissioners are not prohibited by the Constitution from being appointed by the government again.

Supreme Court’s Directions to Promote Independence of ECI

    • The Supreme Court issued the following orders in the Anoop Baranwal v. Union of India Case (2023) to guarantee the Election Commission’s independence and impartiality: 
    • The following three members of the committee will make recommendations for the appointment of the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs).
    • The Prime Minister, 
    • The Lok Sabha’s Leader of the Opposition and 
    • the Indian Chief Justice. 
    • The other Election Commissioners should be removed on the same grounds as the Chief Election Commissioner, i.e., based on the same criteria as a Supreme Court judge and subject to the Chief Election Commissioner’s recommendation. 

Issues with Election Commission of India

    • In addition to the aforementioned elements, the ECI faces a number of additional difficulties that impair its impartial and efficient operation. 
    • The following are a few of the significant obstacles the ECI has to overcome:

       

Political Interference: 

    • Political parties and influential interest groups put pressure on the ECI to sway election results through unethical means. 
    • The credibility of elections is threatened by this kind of political meddling, which compromises the independence and impartiality of the ECI.

Restricted Authority: 

    • The ECI has a limited amount of authority to punish violators and enforce its rulings. This makes it more difficult for it to enforce rules and guarantee that election laws are followed. 

Election Fraud and Malpractice: 

    • The Election Commission of India (ECI) faces an ongoing challenge in preventing electoral fraud and malpractice, which includes intimidation of voters, the use of force and money, among other tactics. 

Election-related Violence: 

    • The ECI continues to be extremely concerned about electoral violence, which includes attacks on polling places and fights between political parties.
    • Challenges posed by Technology The electoral process’ security and integrity are becoming more and more of a concern for the ECI as a result of the growing use of technology in elections. 
    • One such instance is the manipulation of Electronic Voting Machines (EVMs). 

Disinformation and Fake News: 

    • The ECI’s attempts to guarantee free and fair elections are hampered by the spread of hate speech, misinformation, and fake news on social media platforms. 

Electoral Reforms:

    • One of the ECI’s ongoing challenges is implementing comprehensive electoral reforms to address systemic issues like internal party democracy and political party funding regulations.

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