Election Commission of India

Introduction:

The Republic of India is the world’s largest democracy and free and fair elections have played a major role in the success of this democracy. These elections have been conducted in accordance with the principles laid down in the Constitution and Election Laws. The process of elections and a need of a separate body for its regulation was debated on 15th June, 1949 by the Constituent Assembly.   

The Election Commission of India (ECI) is the autonomous constitutional body which was adopted for administering the election process in the country. The body regulates elections to the Parliament, Legislature of States as well as to the offices of President and Vice President of India.

Detailed Discussion:

Article 324 of the Constitution specifically covers the provisions related to the Election Commission while the Election Commission (Condition of Service of Election Commissioners and Transaction of Business) Act, 1991 provides the term of office of the Election Commissioner. The Chief Election Commissioner and Election Commissioners are appointed by the President and holds office for a period of six years or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive a salary equal to that of Supreme Court Judge.

The Commission was a single member Commission and only had a Chief Election Commissioner when it was set up, but after the Election Commissioner Amendment Act, 1989 for the first time, the body became a three member Commission and consisted of, Chief Election Commissioner and two other Election Commissioners.

A Chief Election Commissioner can be removed only in like manner and on like grounds as Supreme Court Judge is removed while an Election Commissioner cannot be removed from the office without the recommendation of Chief Election Commissioner.

Free and Fair Elections are indispensable for the success of democracy. The election is a mechanism which ultimately represents the will of the people and Election Commission is the agency to ensure freedom of voters to exercise their choice by conducting elections on regular interval of time and therefore work as a guardian of democracy.   

The Commission lays down guidelines for a model code of conduct for regulating conduct of the political parties and candidates during the election. It can take action in case of violation of such guidelines. The need for such guidelines is in the interest of elections by fair means.

It is the duty of the Election Commission to make election procedure flexible for the citizens and therefore it has from time to time brought changes in the election procedure by taking advantages of the technological advancements.  

The Election Commission has been vested with the administrative, advisory and quasi-judicial powers. It has the power to organize and amend the electoral rolls, register qualified voters, register or de-register any political party, keep a check upon the election expenses of political parties, disqualify a candidate from contesting elections. The Commission also has an advisory jurisdiction in the matters related to post election disputes between political parties and candidates. It has also exercised its inherent power and made proposals for disqualifying a candidate from contesting elections against whom charges has been framed by a court for an offence punishable with imprisonment of more than 5 years. The Commission has the power to regulate its own procedure including fixing of places and timings of its sittings.

The Supreme Court in its judgment of Common Cause v. Union of India held that the expression ‘conduct of election’ in Article 324 of the Constitution is wide enough to vest power in the Election Commission to issue directions in the process of the conduct of election. 

The Supreme Court in A.C Jose v Sivan Pillai stated that the powers of the Election Commission under article 324 are meant to supplement rather than supplant the law in the matter of superintendence, direction and control and such powers do not prevail over the Acts passed by the Parliament. But when the Act and Rules are silent in regard to a particular point relating to conduct of election, then the Commission has inherent power under article 324 to give directions in that regard.     

Independence of Commission:

The Constitution makes Election Commission as an independent body that is not controlled by the parties at the Centre. The Election Commissioners are appointed by the President, but their removal from the office is a very difficult task. This is important for the independence of the Commission as the office bearers cannot be controlled at the whims and fancies of the elected government.

A question was raised in the Constituent Assembly that the Chief Election Commissioner and other commissioners are to be appointed by the President and therefore prejudicial to the independence of the Commission. To this, Shri K.M. Munshi replied that though the Commissioners are appointed by the President, but once they are appointed they are not removable at the will of the President and therefore their independence is ensured.

The question of independence of Election Commission came before the Supreme Court in T.N Seshan v. Union of India,where the court stated that it is inherent in a democratic set up that the Election Commission that has been entrusted with the task of holding elections should be fully insulated so that it can work as an independent body and free from any external pressure. 

But an exception to the independence of the Commission can be found in case of S.S Dhanoa v. U.O.I where the abolition of the Election Commissioner post by a Presidential notification and termination of service in consequence thereof was recognized as valid by the Supreme Court. 

Reformative Measures:

The Election Commission has been entrusted with the duty to enhance voter participation and for the same it appointed Transgender Activist Gauri Sawant as one of the goodwill ambassadors of the Election Commission to induce more voters from the transgender community. It has also taken stringent steps to curb political corruption and in 2016 it decided to strike off more than 400 parties from its list of recognized parties as majority of them were used as conduits for siphoning of black money and recommended that such parties should not be given any tax exemption. The Commission has also objected to electoral bonds introduced by the Central Government terming it to be as wreck in transparency of political funding. 

Apart from this there are several recommendations proposed as a reformative step in the electoral politics and to strengthen the commission. These includes, Constitutional protection for all members of the Commission, Independent Secretariat for the Commission, Restriction on the Number of Seats from which one may contest, Misuse of religion for electoral gain, Making bribery in elections a cognizable offence, Compulsory Maintenance of Accounts and Accounting and Auditing Report by Political Parties and may others.

Conclusion:

The Election Commission is a statutory body which stands for excellence and probity. It functions on the idea of rule of law and thereby aims to organize elections with the highest standards of fairness.  As election plays a vital role in the functioning of a democracy, the Election Commission strives to increase citizen’s participation in the election by robust mechanism. Its independence ensures that the body is not influenced by the other agencies. The Commission has from time to time made recommendations for better electoral reforms and bringing transparency in the election process in the country.  

PUCL V UOI, (2013) 10 SCC 1.

Section 146 B, Representation of People Act, 1951.

(1996) 2 SCC 752.

(1984) 2 SCC 656.

(1995) 4 SCC 611.

(1991) 3 SCC 567.