Bryce Young

The Election Commission of India (ECI) is a constitutional body responsible for administering elections in India. Its primary role is to ensure that elections to the Parliament, State Legislatures, and the offices of the President and Vice-President are conducted in a free, fair, and transparent manner. Over the years, it has evolved to become a critical pillar of Indian democracy, upholding electoral integrity and public trust in the democratic process.

Historical Background

The Election Commission was established on January 25, 1950, a day before the Constitution of India came into effect. Article 324 of the Indian Constitution vests in the Election Commission the "superintendence, direction, and control" of elections. Initially, the ECI was a single-member body, but in 1989 it was expanded to include two additional Election Commissioners, making it a multi-member body. However, in 1990, it reverted to its original single-member status, only to become a multi-member body again in 1993. Since then, the commission has been composed of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs), all of whom enjoy equal powers and status in decision-making.

Constitutional Provisions and Mandate

The Election Commission operates under Article 324 to Article 329 of the Indian Constitution. These articles provide a broad framework for the conduct of elections, ensuring independence and autonomy for the Commission. Specifically:

• Article 324: Empowers the ECI to supervise, direct, and control elections.
• Article 325: Ensures no person is disqualified from being an elector based on religion, race, caste, sex, or any of these discriminatory factors.
• Article 326: Provides for adult suffrage, meaning that every citizen above the age of 18 has the right to vote, unless disqualified under specific laws.
• Article 327 and 328: Give Parliament and State Legislatures the authority to make laws related to elections.
• Article 329: Provides for judicial review of electoral matters only in specific cases, such as through election petitions filed in court after the election process is complete.

Structure and Composition

As mentioned earlier, the Election Commission is a three-member body:

1. Chief Election Commissioner (CEC): The CEC is the head of the Election Commission and is appointed by the President of India. The CEC enjoys a protected tenure and cannot be removed from office except in the manner and on the grounds prescribed for the removal of a judge of the Supreme Court.

2. Election Commissioners (ECs): The two Election Commissioners are also appointed by the President and serve alongside the CEC. They share equal powers, and decisions of the Commission are made by majority vote when necessary.

The tenure of the CEC and ECs is six years or until they attain the age of 65, whichever is earlier. They enjoy the same powers, privileges, and emoluments as Supreme Court judges, ensuring the independence of the Commission from executive interference.

Functions and Responsibilities

The Election Commission's role is multi-faceted and covers a range of electoral activities:

1. Supervision of Elections: The ECI supervises elections to the Lok Sabha (the lower house of Parliament), Rajya Sabha (the upper house), State Legislative Assemblies, Legislative Councils, and the offices of the President and Vice-President.

2. Model Code of Conduct: The ECI enforces the Model Code of Conduct (MCC), a set of guidelines issued to political parties and candidates to ensure free and fair elections. The MCC is operational from the date the election schedule is announced and remains in force until the completion of the election process. It governs issues like the use of official machinery, electioneering practices, and conduct of political parties during campaigns.

3. Electoral Rolls: The Commission oversees the preparation, revision, and maintenance of accurate electoral rolls. It ensures that every eligible citizen is included in the voters' list and that names of deceased persons, duplicates, or ineligible voters are removed.

4. Voter Education and Participation: The ECI is actively involved in educating voters about their rights and the electoral process through initiatives like the Systematic Voters' Education and Electoral Participation (SVEEP) program. The aim is to increase voter turnout, especially among marginalized groups and first-time voters.

5. Election Machinery: The Election Commission oversees the deployment of election machinery, which includes Returning Officers, District Election Officers, Presiding Officers, and polling personnel. It ensures that elections are conducted in a free, fair, and transparent manner.

6. Political Parties and Registration: The ECI is responsible for the registration of political parties. It also monitors the conduct of political parties to ensure they adhere to the MCC and electoral laws. The Commission has the authority to recognize political parties as national or state-level parties, depending on their electoral performance.

7. Election Symbols: One of the Election Commission's distinctive functions is the allocation of symbols to political parties. This system allows voters, especially those who may be illiterate, to easily identify the party or candidate they wish to vote for.

8. Delimitation of Constituencies: Though the process of delimitation is carried out by a separate Delimitation Commission, the ECI plays a significant role in adjusting electoral boundaries based on population changes.

9. Complaints and Disputes: The ECI adjudicates complaints and disputes related to elections, such as violations of the Model Code of Conduct, malfunctioning of electronic voting machines (EVMs), or rigging. In certain cases, the Commission has the authority to cancel elections and order re-polls if the process is found to be vitiated.

10. Use of Technology: The Election Commission has made significant strides in using technology to improve the electoral process. The introduction of EVMs in 1982 and Voter Verifiable Paper Audit Trail (VVPAT) systems in 2013 has helped enhance the credibility of elections. EVMs have not only reduced the time required for counting votes but also eliminated issues like invalid votes and booth capturing.

11. Monitoring Election Expenses: The ECI regulates election spending by political parties and candidates. It sets limits on campaign expenditures and monitors compliance to curb the influence of money in elections.

Challenges and Criticisms

Despite its significant role in safeguarding democracy, the Election Commission faces several challenges:

1. Electoral Reforms: Although the Commission has recommended numerous electoral reforms to improve the integrity and efficiency of elections, many of these suggestions remain unimplemented. For example, reforms related to inner-party democracy, state funding of elections, and decriminalization of politics are yet to be fully realized.

2. Political Pressures: Although the ECI is designed to be an independent body, there have been instances where its impartiality has been questioned. Some critics argue that the appointment process of the CEC and ECs, which is under the purview of the executive, leaves room for political influence.

3. Misuse of Social Media: With the rise of social media, new challenges have emerged in regulating the spread of fake news, hate speech, and online campaigning. The ECI has struggled to fully curb the misuse of these platforms for electoral gain.

4. Electoral Malpractice: Despite strict regulations, instances of electoral malpractice like vote-buying, booth capturing, and voter intimidation continue to occur in some parts of the country. The ECI constantly needs to adapt its strategies to tackle such issues effectively.

5. Voter Discrepancies: One persistent problem is discrepancies in voter lists, leading to eligible voters being left out or ineligible names remaining on the rolls. The Commission has taken steps to address this, but the issue remains a challenge.

6. Delays in Legal Reforms: Electoral reforms suggested by the ECI often face significant delays in implementation, owing to political and legislative bottlenecks. This has hindered the introduction of much-needed improvements in the system, such as transparency in political party funding and reforms to tackle criminal candidates.

Recent Innovations and Initiatives

In recent years, the Election Commission has introduced various reforms and initiatives to strengthen the electoral process:

1. NOTA (None of the Above): The introduction of the NOTA option in voting gives citizens the choice to reject all candidates if they feel none are suitable.

2. Postal Ballot for NRIs: Efforts have been made to extend voting rights to Non-Resident Indians (NRIs) through postal ballots, a significant step toward inclusive elections.

3. VVPAT: The Voter Verifiable Paper Audit Trail system ensures transparency by allowing voters to verify that their vote has been correctly recorded by the EVM.

4. Mobile App for Complaints: The Election Commission has launched mobile applications like cVIGIL, which allows citizens to report election-related violations in real-time.

5. National Electoral Roll Purification: The ECI has undertaken drives to clean up the electoral rolls by eliminating duplicate or ineligible names, aiming for greater accuracy in voter lists.

6. Increased Accessibility: Initiatives like providing ramps at polling stations, braille EVMs, and allowing proxy voting for persons with disabilities have made elections more inclusive.

Conclusion

The Election Commission of India plays an indispensable role in upholding the democratic process in the country. Its commitment to free, fair, and transparent elections is critical to ensuring the legitimacy of the electoral outcomes and maintaining the public’s faith in democracy. Despite the challenges it faces, the ECI’s efforts to innovate and reform have been instrumental in strengthening the world's largest democracy. Its independence, vigilance, and continuous engagement with electoral reforms will determine how effectively it can continue to manage the dynamic challenges of modern elections in India.