Election Commission of India: Role, Powers & Functions

The Election Commission is a permanent and independent body established by the Constitution of India to ensure free and fair elections across the country. According to Article 324 of the Constitution, it is responsible for the superintendence, direction, and control of elections for the Parliament, state legislatures, and the offices of the President and Vice-President of India. As a result, the Election Commission operates as a national body, serving both the central and state governments. However, it’s important to note that the Election Commission does not handle elections for panchayats and municipalities; for these, the Constitution establishes a separate State Election Commission.

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Composition of the Election Commission of India

Article 324 of the Constitution outlines the following provisions regarding the composition of the Election Commission:

1. The Election Commission shall consist of the Chief Election Commissioner and any other election commissioners, as the President may appoint from time to time.
2. The President is responsible for the appointment of the Chief Election Commissioner and other election commissioners.
3. When additional election commissioners are appointed, the Chief Election Commissioner will act as the Chairman of the Election Commission.
4. The President may also appoint regional commissioners, after consulting the Election Commission, to assist in its duties.
5. The President will determine the conditions of service and tenure for both the election commissioners and the regional commissioners.

Since its establishment in 1950, the Election Commission functioned as a single-member body, consisting only of the Chief Election Commissioner, until 15 October 1989. On 16 October 1989, to address the increased workload from lowering the voting age from 21 to 18 years, the President appointed two additional election commissioners, making the body a multi-member commission with three members. However, in January 1990, the posts of the two additional commissioners were abolished, returning the Election Commission to a single-member body. In October 1993, the President re-appointed two additional election commissioners, and since then, the Election Commission has functioned as a multi-member body with three commissioners.

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The Chief Election Commissioner and the two other commissioners have equal powers, salaries, allowances, and benefits, similar to those of a judge of the Supreme Court. In case of a difference of opinion among the Chief Election Commissioner and the other commissioners, the matter is decided by the majority.

Election commissioners serve a term of six years or until they reach the age of 65, whichever comes first. They can resign at any time or be removed before the end of their term.

Independence of the Election Commission of India

Safeguards for Independence and Impartiality of the Election Commission

Article 324 of the Constitution outlines provisions designed to safeguard and ensure the independent and impartial functioning of the Election Commission:

1. Security of Tenure: The Chief Election Commissioner is provided with security of tenure. He cannot be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court. Specifically, the Chief Election Commissioner can only be removed by the President based on a resolution passed by both Houses of Parliament with a special majority, either for proven misbehavior or incapacity. Thus, the Chief Election Commissioner does not hold office at the pleasure of the President, even though he is appointed by the President.
2. Service Conditions: The service conditions of the Chief Election Commissioner cannot be altered to his disadvantage after his appointment.
3. Removal of Other Election Commissioners or Regional Commissioners: Any other election commissioner or regional commissioner can only be removed from office based on the recommendation of the Chief Election Commissioner.

Despite these provisions, some limitations can be noted in the Constitution:

1. It does not prescribe specific qualifications (legal, educational, administrative, or judicial) for members of the Election Commission.
2. The term of office for members of the Election Commission is not specified.
3. The Constitution does not prevent retiring election commissioners from being appointed to other government positions.

Power and Functions of the Election Commission of India

Powers and Functions of the Election Commission

The powers and functions of the Election Commission concerning elections to Parliament, state legislatures, and the offices of the President and Vice-President can be divided into three categories:

1. Administrative
2. Advisory
3. Quasi-Judicial

Here are the specific powers and functions in detail:

1. To determine the territorial boundaries of electoral constituencies across the country based on the Delimitation Commission Act of Parliament.
2. To prepare and periodically revise the electoral rolls and register all eligible voters.
3. To notify election dates and schedules, and to scrutinize nomination papers.
4. To grant recognition to political parties and allot election symbols to them.
5. To act as a court to resolve disputes related to granting recognition to political parties and allotting election symbols.
6. To appoint officers to inquire into disputes related to electoral arrangements.
7. To establish the code of conduct for political parties and candidates during elections.
8. To manage the publicity of political parties’ policies on radio and television during elections.
9. To advise the President on matters relating to the disqualification of members of Parliament.
10. To advise the Governor on matters relating to the disqualification of members of the state legislature.
11. To cancel elections in cases of rigging, booth capturing, violence, and other irregularities.
12. To request the President or Governor to requisition staff necessary for conducting elections.
13. To oversee the election machinery nationwide to ensure free and fair elections.
14. To advise the President on whether elections can be held in a state under President’s Rule to extend the period of emergency after one year.
15. To register political parties for elections and grant them the status of national or state parties based on their electoral performance.

Support Structure:

The Election Commission is assisted by deputy election commissioners, who are drawn from the civil service and appointed with a tenure system. They are supported by secretaries, joint secretaries, deputy secretaries, and under secretaries posted in the Commission’s secretariat.

At the state level, the Election Commission is supported by the Chief Electoral Officer, who is appointed by the Chief Election Commissioner in consultation with the state government. At the district level, the District Collector acts as the District Returning Officer and appoints a Returning Officer for each constituency and a Presiding Officer for each polling booth in the constituency.

Vision, Mission, and Guiding Principles of the Election Commission of India

Vision

The Election Commission of India aims to be an institution of excellence, fostering active engagement and participation while strengthening and deepening electoral democracy in India and globally.

Mission

The Election Commission of India upholds its independence, integrity, and autonomy. It ensures accessibility, inclusiveness, and ethical participation from all stakeholders, adopting the highest standards of professionalism to deliver free, fair, and transparent elections. This commitment seeks to enhance trust in the electoral process and governance.

Guiding Principles

The Election Commission adheres to the following principles of good governance:

1. To uphold the values enshrined in the Constitution, such as equality, equity, impartiality, independence, and the rule of law, in overseeing electoral governance.
2. To conduct elections with the highest standards of credibility, freedom, fairness, transparency, integrity, accountability, autonomy, and professionalism.
3. To ensure the participation of all eligible citizens in the electoral process, creating an inclusive, voter-centric, and voter-friendly environment.
4. To engage with political parties and all relevant stakeholders in the interest of the electoral process.
5. To promote awareness of the electoral process and governance among stakeholders, including voters, political parties, election functionaries, candidates, and the public, thereby enhancing confidence and trust in the electoral system.
6. To develop human resources for the effective and professional delivery of electoral services.
7. To build quality infrastructure for the smooth conduct of the electoral process.
8. To adopt and integrate technology to improve all aspects of the electoral process.
9. To foster innovative practices that contribute to the realization of the Commission’s vision and mission.
10. To reinforce democratic values by maintaining and strengthening public trust and confidence in the country’s electoral system.

Challenges Before the Election Commission of India

The Election Commission of India (ECI) has long been a pillar of the country’s democratic process, renowned globally for its electoral efficiency. However, in the 2019 general elections, the institution found itself under scrutiny like never before, particularly in the wake of incidents involving breaches of the Model Code of Conduct (MCC), many of which involved the ruling party.

In a letter to the President of India, a group of retired bureaucrats and diplomats raised concerns over the Election Commission’s perceived “weak-kneed conduct,” warning that the institution was facing a “crisis of credibility.”

Recent Issues

One of the significant concerns raised was the Prime Minister’s announcement of India’s first anti-satellite (ASAT) test, which was seen as an unfair publicity stunt for the ruling party during the election season. This was considered a serious breach of propriety as it could have swayed voters by associating the technological achievement with the government’s success.

Other issues included:

• NaMo TV and Biopic Controversies: The launch of NaMo TV, along with a government-backed biopic and web series, was criticized for violating Section 126 of the Representation of the People Act, which prohibits the display of election-related material 48 hours before polls. These campaigns, however, went unregulated, as they were not included in election expenditure and were not licensed properly.
• Hate Speech and Election Law Violations: Hate speech by leaders like Mayawati and Yogi Adityanath only faced intervention from the Supreme Court after considerable delay. The Election Commission argued that it was a “toothless tiger,” unable to act decisively without notice or advisory.

These issues, combined with other controversies like sexist remarks by Azam Khan, concerns over the appointment of Chief Electoral Officers, and violations of the MCC, have raised significant questions about the Commission’s autonomy and its ability to enforce the law effectively.

Analysis of the Election Commission’s Stand

In these cases, the Election Commission displayed hesitation in taking swift action. The Supreme Court’s intervention highlighted that the real issue wasn’t the Commission’s lack of power but its reluctance to act decisively. While the Constitution has provided the Election Commission with the necessary powers, its effectiveness depends on how these powers are exercised.

A Case for Reform

The Election Commission’s appointments are currently made by the government, which creates potential conflicts of interest. To mitigate this, a collegium system for appointing Election Commissioners, as suggested by the Tarkunde and Goswami Committees, could help reduce government influence.

The controversy surrounding the partisan appointment of Election Commissioners, particularly the case of Chief Election Commissioner Gopalaswami’s attempt to remove Election Commissioner Navin Chawla, highlights the vulnerability of the institution to political pressures.

Additionally, the differences in security of tenure between the Chief Election Commissioner and other Election Commissioners have raised concerns over impartiality. Attempts to entrench the tenure of Election Commissioners, first suggested in 2004, have not been pursued.

Lessons from Global Best Practices

Other countries offer valuable lessons on strengthening the independence of electoral bodies:

• South Africa: Election Commissioners are appointed by the President on the recommendation of the National Assembly, following nominations by an inter-party committee.
• Canada: The Chief Electoral Officer is appointed by a House of Commons resolution for a non-renewable ten-year term, reporting directly to Parliament to protect independence.
• United States: Federal Election Commissioners are appointed by the President with Senate approval.

Reevaluating the Model Code of Conduct (MCC)

There have been calls to make the MCC a legal document, but experts warn that this could make enforcement slower and less effective. The moral authority of the MCC is crucial in guiding ethical campaign practices, and its effectiveness lies in its ability to quickly address violations.

Historically, the MCC was used decisively under Chief Election Commissioner T.N. Seshan, who fought against electoral malpractice by enforcing strict guidelines. The fear of being penalized for MCC violations was enough to compel political parties to comply. However, this strong stance has been inconsistent, often depending on the leadership at the helm of the Election Commission.

Political Influence and Conflict of Interest

There have been instances where the Commission’s ability to act independently has been compromised, especially during the transfer and appointment of government officials to election-related roles. For example, in 1992, the Commission canceled the appointment of the Chief Electoral Officer in West Bengal, citing bias.

Additionally, the Election Commission’s lack of power to de-register political parties for grave violations remains a critical limitation. Despite repeated calls for this power, the Commission has yet to receive the authority it seeks.

Way Forward

To strengthen the Election Commission’s autonomy and effectiveness, several reforms are needed:

1. Reinventing the EC’s Powers: The Election Commission should continuously leverage the powers granted by the Constitution, following the example set by past Chief Election Commissioners like T.N. Seshan.
2. Addressing Campaign Media Diversification: The EC needs to adapt its regulatory framework to address modern forms of political campaigning, especially as social media and digital platforms increasingly influence elections.
3. Voter Awareness Campaigns: Programs like the SVEEP (Systematic Voters’ Education and Electoral Participation) and the cVigil app should be expanded to promote transparency and hold candidates accountable.
4. Reforming the Appointment Process: The government should consider implementing the recommendations of the Administrative Reforms Commission and the Law Commission to make the Election Commission’s appointment process more independent and robust.

Conclusion

The Election Commission of India plays a significant role in ensuring the integrity and transparency of the country’s democratic processes. With its vast powers and functions, ranging from the supervision of elections to the management of political party recognition, the Commission upholds the principles of fairness, inclusiveness, and accountability in the electoral system. Its commitment to independence and professionalism strengthens public trust in the electoral process and fosters the core values of democracy.

Through continuous engagement with stakeholders, adoption of technology, and development of infrastructure, the Election Commission strives to maintain the credibility of elections in India. Ultimately, its work is fundamental in reinforcing the foundation of democratic governance and ensuring that the voice of every citizen is heard in the nation’s political sphere.