The Election Commission of India, also known as ECI, is a constitutional organization tasked with conducting elections in India in accordance with the laws and guidelines outlined in Article 324 Indian Constitution.

What is Election Commission of India?

• An independent constitutional body called the Election Commission(EC) of India is in charge of overseeing the country’s Union and State election procedures.
• Elections for the President and Vice President of India, as well as the Lok Sabha, Rajya Sabha, and State Legislative Assemblies, are conducted by this organization

Background Regarding Election Commission of India?

India held general elections from October 25, 1951, to February 21, 1952. These were the first Lok Sabha elections held following the country’s independence in August 1947. 

Current Election Commissioner of India 

T N Seshan(10th Election Commissioner) was responsible for thoroughly drafting the Election Commission’s rules and regulations in 1990.

Sushil Chandra(24th Chief Election Commissioner) is the current head of the Indian electoral commission, appointed on April 13, 2021.

Related Provisions Regarding Election Commission of India? 

The Indian Constitution’s Part XV addresses elections and creates a commission to handle these issues. On January 25, 1950, the EC of India(324-329) constituted in conformity with the Constitution of India. 

Appointment & Tenure of Commissioners

• Power to select – The President has the power to select Chief Election Commissioner and Election Commissioners
• Tenure – Chief Election Commissioner and ECI  have tenure of six years, or up to the age of 65 years, whichever is earlier.
• Perks similar to Supreme Court(SC) -The Election Commissioners have the same status and receive pay and perks as available to Judges of the Supreme Court of India.

Removal of Election Commissioner (Article 324(5) 

The condition of services and office regarding the Election Commissioner and Regional Commissioner is determined by provision made by the parliament. Provided the Chief Election commissioner is removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. 

Election Commission Functions and Powers

1. Administrative Function  

• Based on the Delimitation Commission, Act of Parliament sets territorial boundaries of all electoral constituencies in the nation.
• Creation and routine revision of electoral records, as well as the registration of all eligible voters.
• To recognize political parties and assign them election symbols.
• Strict adherence to a Model Code of Conduct- :  developed with the agreement of political parties, the EC assures that all political parties competing in elections are on equal footing 

2. Advisory Jurisdiction & Quasi-Judicial Roles: 

• Disqualification – In accordance with the Constitution, the Election Commission has advisory jurisdiction over whether to disqualify sitting legislators and members of parliament after an election.
• Bound by Commission – The President or, as applicable, the Governor to whom such opinion is submitted is bound by the Commission’s opinion in all such matters.
• Corrupt Behavior – The Supreme Court and High Courts refer instances involving individuals found accountable for corrupt behaviour during elections to the Commission 
• Failure to file election expense – A candidate who fails to file an account of his election expenses within the deadline and in the manner specified by law may be disqualified by the Commission.

Importance of the Indian Election Commission

It upholds the equality, impartiality, and equitable values stated in the Constitution, monitors and regulates electoral governance. In order to increase transparency Vote Verified Paper Audit Trial(VVPAT) introduced alongside Electronic Voting Machine  at every polling location. VVPAT assist voters, political parties, and candidates become more informed of how elections work, which strengthens the nation’s electoral system.

Challenges for ECI 

• The model code or Article 324’s broad powers may be used by the Election Commission of India  to transfer a State government official, but this is not obvious.
• Political criminalization has been brought on by electoral fraud and an uptick in violence motivated by monetary gain, and the Election Commission of India(ECI) is powerless to hold the guilty political parties accountable.
• ECI is not a totally independent organization, and it has no tools to control party funds or the ability to impose internal party democracy.
• The lack of openness in the election of the CEC and the other two commissioners, which is based on the selection of the governing government, is one of the key institutional flaws.

Way Forward – 

Voter intimidation by political parties shall be prevented through the use of the VVPAT and the Vote Totalizer machine. Ensuring that the Model Code of Conduct is not violated and that the EC has the authority to penalize those who do. All-party panels and international specialists should be formed to resolve issues relating to EVM failures and tampering. introducing the more secure M3 kind of EVMs.

Value Addition – 

• “Impeachment” is solely used to refer to the removal of the President, which calls for a special majority of 2/3 of the members of both chambers combined
• Adult Suffrage – Every person who is a citizen of India and who is not less than twenty one years of age will be permitted to cast his/her vote 
• 61st Constitutional Amendment Act, 1989 – Lowered the voting age pertaining to election of Lok Sabha and Legislative Assembly of the State from 21 to 18 years 

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