Election Commission of India

Constitutional Status

• The Election Commission of India (ECI) is an Independent Constitutional Body established under Article 324 of the Constitution.
• It is responsible for the superintendence, direction and control of the entire electoral process in India.
• The Commission ensures that free, fair, transparent and credible elections are conducted in accordance with the Constitution.

Constitutional Basis

Universal Adult Suffrage

• Elections to the Lok Sabha and State Legislative Assemblies are conducted on the basis of Universal Adult Suffrage.

Eligibility to Vote

A person is entitled to vote if he/she:

• • Is a Citizen of India.
  • Has attained the age of 18 years.
  • Is registered as a voter in the electoral roll.
  • Is not disqualified under any law made by Parliament.

Important: The voting age was reduced from 21 years to 18 years by the 61st Constitutional Amendment Act, 1988.

Election Disputes

Parliamentary & Assembly Elections

• Elections to Parliament and State Legislatures can be challenged only through an Election Petition filed before the High Court under Article 329(b).
• An appeal against the High Court’s decision lies before the Supreme Court.

Presidential & Vice-Presidential Elections

• Disputes relating to the election of the President and Vice-President are decided exclusively by the Supreme Court.
• Article 71

Composition of the Election Commission

The Election Commission consists of:

• • Chief Election Commissioner (CEC)
  • Such number of Election Commissioners (ECs) as the President may determine.

Present Position :

• • 1 Chief Election Commissioner
  • 2 Election Commissioners

Thus, it is presently a Three-Member Commission.

Appointment

Constitutional Provision

• Appointed by the President of India.

Current Appointment Process

Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, appointments are made by the President on the recommendation of a Selection Committee comprising:

• • Prime Minister (Chairperson)
  • Leader of Opposition in the Lok Sabha (or Leader of the Largest Opposition Party)
  • Union Cabinet Minister nominated by the Prime Minister

Exam Note: Earlier, the Constitution did not prescribe any appointment procedure. The 2023 Act now governs the process.

Qualifications

The Constitution does not prescribe any specific educational or professional qualifications for the CEC or Election Commissioners.

Tenure

The Chief Election Commissioner and Election Commissioners hold office for:

• • Six Years, or
  • Until attaining the age of 65 Years,

Whichever is earlier.

Salary & Service Conditions

• The salary, allowances and service conditions of the CEC and Election Commissioners are equivalent to those of a Judge of the Supreme Court.
• Their conditions of service cannot be varied to their disadvantage after appointment.

Removal

Chief Election Commissioner (CEC)

The CEC can be removed:

• • Only by the President
  • In the same manner and on the same grounds as a Judge of the Supreme Court.

Grounds:

• • Proved Misbehaviour
  • Incapacity

Requires a Special Majority in both Houses of Parliament.

Election Commissioners

• • Election Commissioners are also removed by the President.
  • They cannot be removed except on the recommendation of the Chief Election Commissioner.

This safeguard ensures the independence of the Commission.

Regional Commissioners

Under Article 324(4):

• • The President may appoint Regional Commissioners to assist the Election Commission.
  • Appointment is made after consultation with the Election Commission.

Independence of the Election Commission

The Constitution safeguards the independence of the ECI through:

• • Constitutional Status
  • Security of Tenure
  • Protected Service Conditions
  • Difficult Removal Procedure for the CEC
  • Independent Decision-Making
  • Expenses charged on the Consolidated Fund of India (as provided by law)

Powers and Functions (Article 324)

Electoral Rolls

• Prepare and revise Electoral Rolls.
• Ensure continuous updation of voter lists.

Conduct of Elections

Conduct elections to:

• Lok Sabha
• Rajya Sabha
• State Legislative Assemblies
• State Legislative Councils
• President
• Vice-President

Recognition of Political Parties

• Grant recognition to:
  
  • National Parties
  • State Parties
• Determine and allot Election Symbols.

Model Code of Conduct (MCC)

• Frame and enforce the Model Code of Conduct during elections.
• Ensure a level playing field for all political parties and candidates.

Delimitation

• Participate in the implementation of Delimitation Orders after they are issued by the Delimitation Commission.

Exam Note: The Delimitation Commission, not the Election Commission, has the statutory power to delimit constituencies.

Election Schedule

• Announce the Election Programme.
• Notify polling dates.
• Supervise counting and declaration of results.

Appointment of Election Machinery

• Appoint:
  
  • Returning Officers
  • Presiding Officers
  • Observers
  • Election Officers

Voter Awareness

Conduct programmes such as:

• SVEEP (Systematic Voters’ Education and Electoral Participation) to improve voter awareness and participation.

Advisory Functions

Advise the:

• President on the disqualification of Members of Parliament.
• Governor on the disqualification of Members of State Legislatures.

Election Expenditure Monitoring

• Monitor election expenditure by candidates.
• Ensure compliance with expenditure limits.

Countermanding Elections

The Commission may:

• Postpone or countermand elections in cases of:
  
  • Booth capturing
  • Natural calamities
  • Serious electoral malpractice
  • Other exceptional circumstances

Limitations of Election Commission

The Election Commission:

• • Does not conduct elections to Local Bodies (Panchayats and Municipalities).

These elections are conducted by the State Election Commission under:

• • Article 243K – Panchayats
  • Article 243ZA – Municipalities

State Election Commission (SEC)

Election Commission vs Delimitation Commission

List of Chief Election Commissioners of India

Important Constitutional Articles