Election comission in india

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article no - 9

 

Election Commission of India: Role, Powers, and Functions

Introduction

The Election Commission of India (ECI) is a constitutional body responsible for administering elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies, as well as the offices of the President and Vice President in India. Established under Article 324 of the Constitution of India, the Election Commission plays a crucial role in upholding the democratic process in the world's largest democracy.

Since its inception in 1950, the ECI has ensured free, fair, and transparent elections across the country. Over the decades, it has evolved into a robust institution that is central to the smooth functioning of India's democratic system.

Constitutional Status of the Election Commission

The Election Commission derives its authority from Article 324 of the Indian Constitution, which empowers it to supervise, direct, and control the entire process of elections to the Parliament and State Legislatures, and the offices of the President and Vice President of India.

Article 324(1):

"The superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President... shall be vested in a Commission (referred to in this Constitution as the Election Commission)."

This constitutional backing ensures that the ECI functions independently of the executive and is insulated from political pressures.

Composition of the Election Commission

Originally, the Election Commission consisted of only one Chief Election Commissioner (CEC). However, in 1989, the system was expanded to include two Election Commissioners. Today, the Election Commission consists of:

  • Chief Election Commissioner (CEC)
  • Two Election Commissioners

Together, they form a three-member body, with decisions made by majority vote.

Appointment:

The President of India appoints the Chief Election Commissioner and other Election Commissioners.

Tenure and Conditions:

  • The tenure is usually 6 years or until the age of 65 years, whichever is earlier.
  • They enjoy the same status and privileges as judges of the Supreme Court.
  • The Chief Election Commissioner can only be removed through a process similar to that of a Supreme Court judge, ensuring their independence.

Powers and Functions of the Election Commission

The ECI is entrusted with a wide range of powers and responsibilities to ensure that the electoral process is free from bias, corruption, and irregularities. Some of the major functions include:

1. Conduct of Elections

  • Conducting elections to Lok Sabha, Rajya Sabha, State Assemblies, and the offices of the President and Vice President.
  • Scheduling and announcing the dates of elections.
  • Monitoring pre-election and post-election activities.

2. Preparation and Revision of Electoral Rolls

  • Ensuring a clean and updated voter list.
  • Supervising registration of new voters.
  • Deletion of names of ineligible voters.

3. Recognition of Political Parties

  • Granting recognition to political parties as national or state parties.
  • Allotting election symbols to political parties.

4. Model Code of Conduct (MCC)

  • Enforcing the Model Code of Conduct during election periods.
  • Ensuring that political parties and candidates adhere to guidelines regarding campaign conduct, use of government resources, and propaganda.

5. Monitoring Election Expenditure

  • Keeping track of the spending by candidates and parties.
  • Imposing limits and taking action in case of violations.

6. Use of Technology

  • Introduction and implementation of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT).
  • Exploring the use of remote voting and online registration.

7. Voter Education

  • Conducting awareness campaigns like SVEEP (Systematic Voters' Education and Electoral Participation).
  • Promoting voter participation, especially among youth, women, and marginalized communities.

Challenges Faced by the Election Commission

Despite its constitutional authority, the ECI faces several challenges:

1. Political Pressure

Maintaining neutrality in politically charged environments is difficult, especially when parties accuse the ECI of bias.

2. Electoral Reforms

There is a need for reforms in areas like:

  • Political funding
  • Criminalization of politics
  • Fake news and misinformation

3. Technological Threats

Concerns over cybersecurity, EVM tampering, and data privacy pose modern-day challenges.

4. Misinformation and Social Media

The rapid spread of false information during elections can influence voter behavior and damage the democratic process.

Recent Initiatives by the ECI

The ECI has taken several innovative steps in recent years:

  • cVIGIL App: Enables citizens to report election code violations in real-time.
  • Remote Voting Pilot Projects: Aimed at facilitating voting for migrant workers.
  • Inclusion Programs: Special initiatives to include disabled voters and senior citizens.
  • Booth Level Officers (BLOs): Strengthened the voter verification process.

Role of the ECI in Strengthening Democracy

The Election Commission has played a vital role in:

  • Ensuring peaceful transfer of power.
  • Enhancing voter trust in the system.
  • Preventing election malpractice and reducing electoral violence.
  • Encouraging participatory democracy through voter awareness and accessibility initiatives.

Its work is fundamental in upholding the sanctity of the electoral process and protecting the democratic values enshrined in the Constitution.

 

- Pratham Gupta

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