The Election Commission of India is an autonomous constitutional body that is responsible for maintaining the integrity and fairness of electoral process in India.
Established on January 25, 1950, under Article 324 of the Indian Constitution, the ECI is responsible for conducting free and fair elections at national, state, and local levels ie, for the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President.
However, it is insulated from executive interference.
This blog post aims to provide Kerala PSC students with a comprehensive overview of the ECI's structure, functions, and significance.
Election Commission of India
Basic Facts
- Established in – January 25, 1950.
- Headquarters – Nirvachan Sadan, New Delhi.
- Total Members – (Chairman & 2 members).
- First Chief Election Commissioner of India – Sukumar Sen.
- The first Indian Civil Servant to become the Chief Election Commissioner of India – Sukumar Sen.
- Supervised the general elections of 1952 and 1957.
- Current Chief Election Commissioner of India – Gyanesh Kumar. (26th).
- Current Election Commissioners of India –
- Dr. Vivek Joshi,
- Dr. Sukhbir Singh Sandhu
- First Woman Chief Election Commissioner of India – V.S. Ramadevi (9th).
- First Malayali Chief Election Commissioner of India – T. N. Seshan (10th).
- Longest-serving Chief Election Commissioner – Kalyan Sundaram (2nd; 8 years, 284 days).
- CEC who held office for shortest tenure – V.S. Ramadevi (16 days).
- Article pertaining to ECI – Article 324.
- Article pertaining to Universal Adult Suffrage – Article 326.
- The constitutional amendment that reduced the voting age from 21 to 18 – 61st Amendment (1989).
- Prime Minister – Rajiv Gandhi.
- The First Indian state to hold an election using the universal adult suffrage franchise – Manipur (1948).
History
Part XV of the Indian Constitution addresses elections and establishes the Election Commission of India (ECI) to oversee them.
The ECI was constituted on January 25, 1950, as mandated by the Constitution.
Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body. It was never a single member body though.
The Tarkunde Committee had recommended a three-member commission. In 1989, the appointment of two additional Election Commissioners marked the first time the ECI functioned with a three-member structure. But they had a very short tenure till 1st January 1990.
Articles 324 to 329 of the Constitution delineate the powers, functions, tenure, and eligibility of the ECI and its members.
Articles pertaining to Elections
- Article 324 – Superintendence, direction and control of elections to be vested in an Election Commission.
- Article 325 – No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
- Article 326 – Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
- Article 327 – Power of Parliament to make provision with respect to elections to Legislatures.
- Article 328 – Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Article 329 – Bar to interference by courts in electoral matters.
Structure of Election Commission of India
The Election Commission of India is currently comprised of 3 members – the Chief Election Commissioner and two Election Commissioners.
The number of other Election Commission members may be fixed by the President. However, this decision is subject to the provisions of any law made by Parliament regarding the appointment of Election Commissioners.
Election Commission Chairman & Commissioners
The Appointments are now governed by "The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- Appointed by – President of India.
- Term – 6 years or till the age of 65 years, whichever is earlier.
- The Indian Constitution itself does not explicitly specify anything the qualifications for members of the Election Commission of India (ECI).
- Removed by – President of India.
- 3 Member Selection Committee of Chairman: ***
- Prime Minister (Head / Chairman),
- Leader of the Opposition in the Lok Sabha,
- Union Cabinet Minister nominated by the Prime Minister.
*** In January 2015, Anoop Baranwal filed a Public Interest Litigation (PIL) challenging the constitutionality of the appointment process for the Chief Election Commissioner and Election Commissioners of India.
This case led to a landmark verdict by the Supreme Court of India in 2023, delivered by a five-judge Constitution Bench headed by Justice K.M. Joseph.
The decision was influenced by recommendations from the Dinesh Goswami Committee on Electoral Reforms (1990) and the Law Commission's 255th report on Electoral Reforms (2015).
The verdict stipulated that the Chief Election Commissioner and Election Commissioners would be appointed by the President of India based on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India until Parliament enacted a relevant law.
Prior to this ruling, appointments were made by the President on the government's recommendation.
However, The Chief Election Commissioner and other Election Commissioners Act, 2023, made a modification to this system by replacing the Chief Justice of India with a Union Minister in the selection committee.
Additionally, the Act established a Search Committee, headed by the Cabinet Secretary to prepare a panel of five persons for consideration for the positions of CEC and ECs.
Salary & Renumeration
Under the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner and Election Commissioners have the same status and receive salaries and benefits equivalent to those of Supreme Court Judges in India (₹3.5 Lakh).
However, the CEC and Other Election Commissioners Act, 2023, proposes to align the salaries of the CEC and ECs with those of the Cabinet Secretary.
Although these salaries are currently comparable, they are governed by different regulatory frameworks.
Notably, Article 125 of the Constitution mandates that the salaries of Supreme Court Judges must be determined by an Act of Parliament, whereas the salary of a Cabinet Secretary is set by the government based on recommendations from the Central Pay Commission.
Removal
The Chief Election Commissioner can be removed from office only through a process similar to that of a Supreme Court judge, requiring a resolution passed by both Houses of Parliament with a two-thirds and voting supported by more than 50% of the total strength of the house on grounds of proven misbehaviour or incapacity.
Then the President acts on this resolution to effect the removal of CEC.
However the word "impeachment is not used in the case of Chief Election Commissioner.
Other Election Commissioners can be removed by the President upon the recommendation of the Chief Election Commissioner.
List of Chairman of Election Commission of India
The following are the list of previous chairmans of election commission of India:
| Sl. No. | Name | Term of office |
|---|---|---|
| 1. | Sukumar Sen | March 21, 1950 – December 19, 1958 |
| 2. | Kalyan Sundaram | December 20, 1958 – September 30, 1967 |
| 3. | S. P. Sen Verma | October 1, 1967 – September 30, 1972 |
| 4. | Nagendra Singh | October 1, 1972 – February 6, 1973 |
| 5. | T. Swaminathan | February 7, 1973 – June 17, 1977 |
| 6. | S. L. Shakdhar | June 18, 1977 – June 17, 1982 |
| 7. | R. K. Trivedi | June 18, 1982 – December 31, 1985 |
| 8. | R. V. S. Peri Sastri | January 1, 1986 – November 25, 1990 |
| 9. | V. S. Ramadevi | November 26, 1990 – December 11, 1990 |
| 10. | T. N. Seshan | December 12, 1990 – December 11, 1996 |
| 11. | M. S. Gill | December 12, 1996 – June 13, 2001 |
| 12. | J. M. Lyngdoh | June, 14 2001 – February 7, 2004 |
| 13. | T. S. Krishnamurthy | February 8, 2004 – May 15, 2005 |
| 14. | B. B. Tandon | May 16, 2005 – June, 29 2006 |
| 15. | N. Gopalaswami | June 30, 2006 – April 20, 2009 |
| 16. | Navin Chawla | April 21, 2009 – July 29, 2010 |
| 17. | S. Y. Quraishi | July 30, 2010 – June 10, 2012 |
| 18. | V. S. Sampath | June 11, 2012 – January 15, 2015 |
| 19. | Harishankar Brahma | January 16, 2015 – April 18, 2015 |
| 20. | Nasim Zaidi | April 19, 2015 – July 5, 2017 |
| 21. | Achal Kumar Jyoti | July 6, 2017 – January 22, 2018 |
| 22. | Om Prakash Rawat | January 23, 2018 – December 1, 2018 |
| 23. | Sunil Arora | December 2, 2018 – April 12, 2021 |
| 24. | Sushil Chandra | April 13, 2021 – May 14, 2022 |
| 25. | Rajiv Kumar | May 15, 2022 – February 18, 2025 |
| 26. | Gyanesh Kumar | 19 February 2025 – Incumbent |
Powers & Functions of Election Commission of India
The Election Commission of India (ECI) plays a crucial role in upholding the democratic process in India.
Article 324 of the Indian Constitution grants the ECI the power of superintendence, direction, and control of elections. Its functions are extensive and designed to ensure free, fair, and transparent elections.
Some of them are as follows:
- Conducting Elections: The ECI is responsible for conducting elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President of India.
- Voter Awareness: It promotes voter awareness through programs like the Systematic Voters' Education and Electoral Participation (SVEEP) initiative.
- Electoral Rolls and Voter ID Preparation: It prepares and updates electoral rolls and issues Electors Photo Identity Cards (EPIC) to prevent electoral fraud.
- Delimitation of Constituencies: The ECI determines the territorial areas of electoral constituencies.
- Election Scheduling: It determines the dates and schedules for elections, taking into account various factors such as weather conditions, festivals, and logistical considerations.
- Model Code of Conduct (MCC) Enforcement: The ECI issues a Model Code of Conduct for political parties and candidates to ensure fair elections. This includes restrictions on misuse of official machinery, hate speech, and other malpractices.
- To avoid last-minute influence, public meetings are restricted 48 hours before the polls.
- During elections, ministers and candidates are not permitted to sanction donations or financial incentives.
- Election campaigns cannot be conducted using government resources (vehicles, buildings, etc.).
- Political Party Registration and Regulation: The Election Symbols (Reservation and Allotment) Order, 1968 grants recognition to political parties and allocates election symbols. It also regulates the functioning of political parties.
- Expenditure Limits: The ECI sets limits on campaign expenditure by candidates and monitors compliance. The maximum limit of expenditure allowed by the Election Commission in India to contestant for the parliament and legislative assembly elections should not exceed 25 lac and 10 lac.
- Polling Station Management: It establishes and manages polling stations, ensuring that they are accessible and secure.
- Electronic Voting Machine (EVM) and Voter Verifiable Paper Audit Trail (VVPAT) Management: The ECI oversees the machinery of elections, including polling stations and counting centers and ensures their proper functioning and security.
- Electoral Dispute Resolution: It acts as a quasi-judicial body to settle disputes related to election symbols, party recognition and investigates complaints of malpractices.
- It can cancel polls in the event of rigging, booth capturing, etc
- It can advise the President on matters relating to the disqualification of Members of Parliament.
- It can also advise the Governor on matters relating to the disqualification of Members of State Legislatures.
- It can advise the President on whether elections can be held in a state under President's Rule.
Limitations of Election Commission of India
1. Vulnerability to Political Interference
The appointment process allows for political influence, as seen in past controversies. The recent changes to the selection committee have caused some concerns about the ECI's independence.
The removal of Election Commissioners can be done by the government without a rigorous process, making them vulnerable to political pressure.
2. Limited Enforcement Powers
The ECI is often described as a "toothless tiger" because it lacks the power to enforce its decisions effectively, relying on advisories and notices rather than punitive actions.
It faces challenges in combating electoral fraud and malpractices without strong legal backing.
The ECI can take steps to address the criminalization of politics, its powers in this area are limited. It can request information from candidates, but it cannot disqualify them based on pending criminal cases alone.
3. Structural Flaws & Lack of Permanent Staff
The ECI's reliance on government officials for election duties can lead to conflicts of interest and partisanship.
The absence of a permanent administrative machinery can hinder its operations
4. Financial Dependence
The ECI depends on the government for its funding, which could, in theory, create a potential for influence, though the ECI has shown great independence.
5. Delimitation Challenges:
Delimitation of constituencies is a complex and sensitive process, and can lead to political controversy.
6. Controlling Paid News and Fake News
The ECI faces ongoing challenges in effectively combating paid news and fake news, which can significantly impact the electoral process. The spread of misinformation through social media is a particularly difficult area to regulate.
The Election Commission's rulings can be contested in the High Court and the Supreme Court of India using petitions. However, once the electoral process begins, the judge does not intervene in how the polls are conducted.
Software Initiatives
The following are some of the software initiatives by Election Commission of India:
- ERONET: This system is for the management of electoral rolls.
- ETPBS (Electronically Transmitted Postal Ballot System): This system is for the electronic transmission of postal ballots to service voters.
- Voter Helpline Mobile App: an app that provides a range of services to voters, like, searching for their names in the electoral roll, submitting forms for voter registration and modifications, lodging complaints etc.
- cVIGIL: a portal / mobile application allows citizens to report violations of the Model Code of Conduct and election expenditure rules.
- ENCORE Nodal App: an app assists nodal officers in managing the permission process during elections, such as for rallies and public meetings.
- ESMS Mobile App: This app is used to digitize data related to intercepted or seized items (cash, liquor, etc.) during the Model Code of Conduct.
- SAMADHAN: ECI's grievance redressal mechanisms. The ECI has systems in place to handle citizen complaints, and this term reflects that function. The National Grievance Service Portal (NGSP) is a key part of this.
- SUVIDHA: a portal designed to provide convenience to candidates and political parties by allowing them to apply online for permissions related to rallies, meetings, and other election-related activities.
- SUGAM: ECI's broader goal of making the electoral process easier for all stakeholders. Many of their software initiatives, such as the Voter Helpline app and the Voter Portal, are designed to enhance accessibility and simplify procedures.
- MATDATA & MATDAAN: These terms are Hindi words that translate to "voter" and "polling" respectively. The ECI's various voter-centric android based apps, like the Voter Helpline app and the electoral roll management systems, directly relate to "Matdata." Similarly, systems related to EVM management and polling day operations relate to "Matdaan.
- ELECON (Election confidential): an Electoral Roll Management Software that helps in addition / deletion / upgradation of rolls.
📝SideNotes:
- National Voter's Day – January 25 (2011 onwards).
- First Loksabha election – October 25, 1951 to February 21, 1952.
- First Voter of Independent India – Shyam Saran Negi (October 25, 1951, Himachal Pradesh).
- First female Governor of Karnataka – Ramadevi.
- First Chief Election Commissioner of Sudan – Sukumar Sen.
- First Chief Election Commissioner of Nepal – Sukumar Sen.
- First Chief Election Commissioner to receive Padma Bhushan – Sukumar Sen.
- Autobiography of Sukumar Sen – Diner Pore Din Je Gelo (Day After Day That Passed).
- Autobiography of TN Seshan – Through the Broken Glass: An Autobiography.
- TN Seshan –
- Tirunellai Narayana Iyer Seshan
- 18th Cabinet Secretary of India
- Ramon Magsaysay Award (1996)
- Contested in the 1997 Indian presidential election and lost to K.R. Narayanan.
- Universal Adult Suffrage – granting all Indian citizens the right to vote, regardless of caste, creed, race, gender, or ethnicity. Motilal Nehru report of 1928 was the first to advocate adult suffrage in India.
- Chief Justice of India – Justice Sanjiv Khanna.
- Cabinet Secretary of India – T. V. Somanathan.
Thanks for reading!!!
Post a Comment
Post a Comment