Election Commission of India

The Election Commission (Article 324, Part XV — Elections) is a permanent and independent constitutional body established to superintend, direct, and control the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, the office of the President, and the office of the Vice-President.

Article 324 vests the election commission with sweeping general supervisory power: "superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in the Election Commission."

Composition (Article 324(2)):

• Consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may fix.
• Current Structure: 1 CEC + 2 other ECs (multi-member body since October 1993).
• Regional Commissioners: The President may appoint Regional Commissioners as needed.
• Appointment: All members appointed by the President of India.
• Qualifications: The Constitution has NOT prescribed any qualifications — no minimum age, no educational or judicial requirement.
• Chief Election Commissioner Act, 2023: Legislation now provides that the appointment panel includes PM, Leader of Opposition, and a Union Cabinet Minister.

Term: Hold office for 6 years OR until they attain the age of 65 years, whichever is earlier.

Removal:

• The Chief Election Commissioner can be removed only in the same manner and on the same grounds as a judge of the Supreme Court — i.e., by the President on an address by Parliament with special majority (majority of total membership + 2/3rd of members present and voting) on grounds of proved misbehaviour or incapacity.
• Any other EC (Election Commissioner) can be removed only on the recommendation of the CEC — this is a critical protection that prevents a politically motivated government from removing ECs who disagree with the CEC.
• Salary and service conditions of ECs are charged on the Consolidated Fund of India — NOT subject to a vote in Parliament.

Lacunae / Weaknesses in ECI Independence:

1. Constitution has NOT prescribed qualifications for EC members.
2. Constitution has NOT fixed any minimum tenure — President can vary it.
3. Constitution has NOT laid down a prohibition on retiring commissioners being appointed to government posts.
4. Regional Commissioners (if appointed) can be removed without similar safeguards.

ECI's powers are broadly classified into Administrative, Advisory, and Quasi-Judicial functions:

A. Administrative Powers:

• Determines the territorial areas of electoral constituencies — but Delimitation is done by the Delimitation Commission (statutory body under Delimitation Act); ECI assists.
• Prepares and periodically revises electoral rolls (voter lists).
• Issues the Model Code of Conduct (MCC) — a set of guidelines for political parties and candidates during elections (not legally enforceable but moral/constitutional mandate).
• Grants recognition to political parties as National Parties or State Parties based on criteria under the Election Symbols (Reservation and Allotment) Order, 1968.
• Allots election symbols to recognized parties; in case of splits, ECI adjudicates which faction gets the original symbol.
• Schedules elections and sets the overall election programme.
• Determines expenditure limits for candidates.

B. Advisory Powers:

• Advises the President on matters relating to disqualification of members of Parliament (Article 103).
• Advises the Governor on matters relating to disqualification of members of State Legislature (Article 192).
• The advice of the EC is binding on the President/Governor.

C. Quasi-Judicial Powers:

• Acts as a court for settling disputes about granting recognition to political parties and allocation of symbols.
• Has power to cancel elections if booth capturing or systematic malpractice is proved.

D. Election Conduct:

• ECI conducts elections for: Parliament (Lok Sabha, Rajya Sabha), State Legislatures (Vidhan Sabha, Vidhan Parishad), President, and Vice-President.
• Does NOT conduct: District elections, Panchayat elections, Municipal elections — these are conducted by State Election Commissions (SECs) set up under Articles 243K and 243ZA.

Model Code of Conduct (MCC):

• Comes into force the moment the election schedule is announced.
• Guides conduct of political parties, candidates, and the ruling government during elections.
• Key restrictions: Government cannot announce new schemes/policies that may influence voters; government machinery cannot be used for campaigning; no hate speech.
• Not statutory — but ECI has the power under Article 324 to take action.

Key Electoral Reforms and Landmark Orders:

1. Vinod Dua Case (2021): SC recognized ECI's power under Article 324 is plenary (wide and exhaustive).
2. NOTA (None of the Above): Introduced in 2013 by ECI directive — allows voters to reject all candidates.
3. EVMs (Electronic Voting Machines): First used in Kerala (1982 by-elections); universally adopted from 2004 general elections.
4. VVPATs (Voter-Verifiable Paper Audit Trail): Introduced to allow voters to verify their vote; SC in Chandrababu Naidu v. Union of India directed paper trail.
5. Electoral Bonds Scheme (2018): Struck down by SC in Association for Democratic Reforms v. Union of India (2024) as violating voters' right to information (Article 19(1)(a)).

State Election Commission (SEC):

• Article 243K and 243ZA: Each state must have a SEC headed by the State Election Commissioner (SEC cannot be removed except like a HC judge; appointed by Governor).
• Conducts elections to Panchayats and Municipalities — completely separate from ECI.