— Madhukar Shyam (The Indian Express has launched a new series of articles for UPSC aspirants written by seasoned writers and erudite scholars on issues and concepts spanning History, Polity, International Relations, Art, Culture and Heritage, Environment, Geography, Science and Technology, and so on. Read and reflect with subject experts and boost your chance of cracking the much-coveted UPSC CSE. In the following article, Madhukar Shyam discusses the roles and responsibilities of the Election Commission of India.) From the recent conclusion of the 18th Lok Sabha elections to the announcement of dates for Assembly polls in Jammu and Kashmir and Haryana, the Election Commission of India (ECI) plays a crucial role in ensuring transparent, free and fair elections. But what is the ECI, how did it come into existence and evolve? What is the composition and responsibilities of the body? Most importantly, what does the Constitution say about it? Election Commission of India (ECI) The Election Commission of India (ECI) is a permanent, independent, and constitutional authority responsible for conducting free and fair elections in the Union and the States of India. The ECI is empowered to supervise, oversee, and manage elections to Parliament, state legislatures, and the offices of President and Vice President of India. Since the ECI does not oversee elections to state-level urban bodies like municipalities and panchayats, there is a separate State Election Commission. It is interesting to note that in accordance with Dr. B. R. Ambedkar's instructions at the Constituent Assembly, a committee appointed to deal with Fundamental Rights proposed that the independence of elections and the prevention of executive intervention in legislative elections should be regarded as a fundamental right and provided for in the chapter dealing with Fundamental Rights. Although there was no opposition in the House to the idea, some urged that it be included in a different section of the Constitution rather than the Chapter on Fundamental Rights. Following the House's decision, the Drafting Committee removed this question from the category of Fundamental Rights and put it in another part. Constitution on ECI The Constitution has the following articles (Articles 324–329) to empower the Election Commission and provide insight into the potential roles and functions of the commission. Article 324: The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and the Legislature of every state and of elections to the offices of President and Vice-President. Article 325: No individual to be excluded from electoral rolls on the basis of religion, race, caste, sex or any of them. Article 326: Adult suffrage shall be the basis for elections to the House of the People and to the Legislative Assemblies of States. Article 327: Parliament may, according to the provisions of this Constitution, from time to time enact laws with respect to all matters relating to elections to Parliament and Legislative Assemblies of States. Article 328: A state's Legislature may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature. Article 329: The article prohibits the courts from becoming involved in electoral matters. Jurisdictions and functions The jurisdictions and functions of the ECI can be classified into advisory, quasi-judicial, and administrative. Advisory: The Constitution grants the ECI advisory authority over the post-election disqualification of sitting members of Parliament and State Legislatures. The commission is also consulted in matters involving individuals found guilty of engaging in corrupt activities during elections that are brought before the Supreme Court and High Courts to determine whether or not they should be disqualified from contesting elections and, if so, for what period. In all such cases, the President, or, if applicable, the Governor to whom such a request is made, is bound by the commission’s opinion. Quasi-Judicial: A candidate who fails to submit an account of his election costs within the legally mandated time frame and format may be disqualified by the ECI. Along with other legal disqualifications, the commission also has the authority to eliminate or shorten the duration of such disqualifications. It also resolves conflicts pertaining to the recognition of political parties and the assignment of electoral symbols to them. The EC establishes a model code of conduct and ensures that all candidates and political parties follow it throughout the election season. Administrative: The ECI also has administrative roles. It is responsible for the delimitation of electoral constituencies. Delimitation means the process of determining the number of seats and boundaries of Lok Sabha and State Assembly constituencies as decided by the Delimitation Commission. It is also responsible for the registration of all eligible voters and for producing and updating electoral rolls on a regular basis. It sends out election schedules and dates and reviews nomination documents. It recognises political parties and assigns them election emblems. The ECI also invalidates voting in cases of violence, booth capture, tampering, or other anomalies. It controls, without bias, the amount of money each political party spends on a candidate's campaign. The ECI also designates the following seats in order to register political parties for the purpose of elections and to confer upon them the status of national or state parties based on their polling performance: (i) In charge of elections, (ii) Officer for District Elections, and (iii) Election Registration and Returning Officer Composition The Chief Electoral Commissioner (CEC) has been the only member of the ECI since it was established in 1950. Following the reduction of the voting age from 21 to 18 in 1989, a significant number of new voters were added. To alleviate the load on the one election commissioner, two more commissioners were recruited, and the body was subsequently expanded to include three election commissioners. Moreover, some changes were made to the composition of the ECI in January 1990, which was changed back to its original position. But after the debate and discussion in the political arena, ultimately, two further election commissions were constituted by the President in 1993, and this is considered the final composition of the commission. The Chief Election Commissioner and all election commissioners are appointed by the President. The President determines his or her tenure of office and the conditions of service for each commissioner. The chief and the other two election commissioners get the same pay and benefits as judges of the Supreme Court, along with the same authorities. In the event of a difference of opinion among the three members, the Commission decides by majority. The President appoints the Election Commissioner and the other Election Commissioners. They serve in that capacity for a certain period of time, not to exceed six years, or until they turn 65. They are on the same level as Indian Supreme Court justices. The sole way for Parliament to remove the Chief Election Commissioner from office is through the same process that removes a Supreme Court judge. As a result, the President may dismiss him with a resolution endorsed by a special majority of both Houses of Parliament based on demonstrated misbehaviour or incapacity. To sum up, as specified by the Constitution, the ECI is empowered to supervise, oversee, and manage elections for the offices of President, Vice President, state legislatures, and Parliament. Since the ECI does not oversee elections for state-level urban bodies like municipalities and panchayats, there is a separate State Election Commission. As a result, it becomes an essential institution for the basic process by which democracy operates. As it is authorized to conduct free and fair elections for all dignitaries who are responsible for the political system of our country. Post-Read Questions Discuss the functions of the Election Commission of India? How does the Election Commission of India manage the election process? Evaluate the functions of the Election Commission of India in the light of the Model Code of Conduct. What do you understand by the delimitation? Discuss the constitutional provisions which deal with it? What are the challenges for the Election Commission of India in conducting elections and how should it deal with them? (Dr. Madhukar Shyam is an Assistant Professor of Political Science at Christ (Deemed to be University), Delhi NCR.) Subscribe to our UPSC newsletter and stay updated with the news cues from the past week. Stay updated with the latest UPSC articles by joining our Telegram channel – IndianExpress UPSC Hub, and follow us on Instagram and X. Share your thoughts and ideas on UPSC Special articles with ashiya.parveen@indianexpress.com.
