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Election Commission of India

Table of Content

The Constitution of India establishes the Election Commission of India (ECI). It was created by the Indian Constitution to oversee and oversee elections in the nation. According to Article 324 of the Constitution, the election commission shall have the authority to supervise, direct, and oversee elections for the state legislatures, the president of India, and the vice-president of India. The Election Commission is a body that serves both the Central government and the state governments, making it an all-India entity.

Election Commission of India: Overview
What is Article 324?
Constitutional Appointment of Election Commission of India
Independence of the Election Commission
Powers of Election Commission of India
Functions of Election Commission of India
Responsibilities of Election Commission of India
Composition of Election Commission
Importance of Election Commission for India
Challenges Faced

Election Commission of India: Overview

The organisation of free and fair elections in the Union and States of India is the responsibility of the Election Commission of India (ECI), an independent and permanent constitutional authority. The ECI is given the authority under the Constitution to direct, supervise, and manage elections for the state legislatures, the president of India, and the vice-president of India. There is a separate State Election Commission because the ECI does not handle elections for urban authorities like municipalities and panchayats in the states.

What is Article 324?

The Election Commission is authorised by Article 324 of the Indian Constitution to direct, control, and conduct elections for all seats in Parliament, for all state legislatures, and for the President and Vice President that are held in accordance with the Constitution. According to Article 324 of the Constitution, an Election Commission made up of “the Chief Election Commissioner and such number of additional Election Commissioners, if any,” as the President may from time to time fix, is responsible for the “superintendence, direction, and control of elections.”

Constitutional Appointment of Election Commission of India

Election commissioners and the chief election commissioner are chosen by the president. They have a six-year term or until they become 65, whichever comes first. They have the same status as Supreme Court of India judges, and they receive the same pay and benefits. Only parliamentary impeachment can allow the Chief Election Commissioner to be removed from his or her position.

Independence of the Election Commission

Tenure assurance: The chief election commissioner is given tenure assurance. He cannot be dismissed from his position other than in the same way and for the same reasons as a Supreme Court judge.
Service requirements: After being appointed, the chief election commissioner’s service requirements cannot be changed to his detriment.
Removal of other election commissioners: A regional commissioner or another election commissioner cannot be dismissed from their positions unless the chief election commissioner recommends it.
EC’s authority
Establishing territorial boundaries: To establish the boundaries of electoral districts across the nation based on the recommendations of the Delimitation Commission.
In order to create and update electoral rolls.
Giving political parties legitimacy and assigning symbols
Provide advice to the president on issues pertaining to the disqualification of members of Parliament.
President’s rule: Whether elections can be held in a state that is under the president’s rule in order to prolong the state of emergency after a year.

Powers of Election Commission of India

Administrative power

To draw the boundaries of the nation’s electoral districts in accordance with the Delimitation Commission Act of Parliament.
The creation and regular updating of electoral rolls, as well as the registration of all eligible voters.
To examine nomination papers and notify candidates of election dates and timetables.
To recognise political parties and assign them election symbols.
In the event of manipulation, booth capture, violence, or other irregularities, to cancel the election.
To oversee the nationwide election infrastructure in order to guarantee free and fair elections.
Registering political parties for electoral purposes and granting them national or state party status based on their polling results

The following seats are appointed by ECI:

Chief Electoral Officer
District Election Officer
Returning Officer
Electoral Registration Officer
It controls the amount spent on each candidate’s campaign by all political parties equally.

Quasi-Judicial power:

It serves as a court to resolve disagreements over the recognition of political parties and the attribution of electoral symbols to them.
To designate investigators to look into electoral arrangement complaints.
It establishes a standard code of behaviour for all political parties and candidates and makes sure they follow it throughout election season.

Advisory power:

Regarding issues involving the disqualification of members of Parliament, it provides advice to the president.
It provides advice to the governor on issues pertaining to the disqualification of state legislature members.
In order to extend the state of emergency after a year, it recommends the president if elections may be held in a state that is under his or her control.

Other powers of Election Commission of India also has the following authority:

If the Commission decides that doing so would advance democracy, it has the authority to suppress polling results.
After the elections, the Commission may suggest that members be disqualified if it believes they have broken any rules.
The Supreme Court and High Courts contact the Commission in the event that a candidate is discovered to have engaged in unethical behaviour during the elections.
Candidates who fail to timely submit their election spending accounts may be postponed by the Commission.

Functions of Election Commission of India

The Election Commission of India is regarded as the protector of fair and impartial elections.
In order to safeguard the dignity of democracy, it releases the Model Code of Conduct for political parties and candidates in every election.
It licences political parties and registers them so they can run for office.
It notifies all political parties of the permitted spending caps for each candidate and keeps track of them.
For tax benefits on contributions, political parties must submit their yearly reports to the ECI.
It ensures that all political parties consistently submit their financial audit reports.

Responsibilities of Election Commission of India

The Election Commission of India plays a significant and critical role in the administration of elections in the largest democracy in the world. India’s Election Commission is in charge of making sure that the nation’s elections are conducted in a free and fair manner. The Model Code of Conduct and standards must be put into action by the Commission to achieve this goal. The Constitution has given the Election Commission the authority to oversee political organisations and candidates because this body’s job will require a high level of independence and autonomy. In the event of any violations, it may take the required action.

Composition of Election Commission

Regarding the election commission’s makeup, the constitution makes the following provisions:

The Chief Election Commissioner and, if necessary, additional election commissioners will make up the election commission, as determined by the president from time to time.

The president shall appoint the chief election commissioner and the other election commissioners.

The chief election commissioner shall serve as the election commission’s chairman whenever another election commissioner is so appointed.

After consulting with the election commission, the president may additionally appoint any regional commissioners he deems essential to help the election commission.

The President may, by regulation, establish the terms of duty and length of office for the regional commissioners and election commissioners.

Even though he serves as the election commission’s chairman, the chief election commissioner has the same authority as the other election commissioners. The majority vote of the commission’s members decides on every issue. Equal salaries, allowances, and other benefits are given to the Chief Election Commissioner and the other two election commissioners.

Importance of Election Commission for India

The Election Commission plays a significant role in maintaining constitutional principles and citizens’ democratic rights in a democracy, just like the judiciary does. So, if you had a trouble-free voting experience, you can entirely thank the Election Commission for its efficient operation.

The process of developing electoral democracy can also be credited to the ECI. For instance, the Election Commission developed the Model Code of Conduct (MCC) to guarantee equal playing time for all political parties.

Challenges Faced

Today’s election commission has numerous difficulties because of factors like the growing population, the use of technology, political corruption, mistrust between political parties, etc.

The Electronic Voting Machine (EVM) tampering controversy surrounded ECI. ECI even went so far as to challenge the critics to tamper with an EVM machine in order to demonstrate their point. ECI also partnered with VVPAT, which involves showing a slip to the voter through a tiny glass pane to certify their vote.

Checking for duplicate electoral records and counterfeit EPIC cards is a significant difficulty as well. It is impractical for Election Commission staff to visit every single residence and inspect due to the large population.