Why in News: The functioning of the Election Commission of India (ECI) has come under scrutiny following serious allegations by Opposition leaders about irregularities in the 2024 general elections.
Recent allegations
Tejashwi Yadav’s Case: In Bihar, the Leader of the Opposition, Tejashwi Yadav, claimed that his name was missing from the draft electoral roll.
Such criticism is not new
Historical Precedents
- 2002: CM Narendra Modi criticised ECI for delaying Gujarat elections.
- 2019: Alleged bias in handling Model Code of Conduct violations.
- State polls: Accusations of partiality in Bengal (2021), UP (2017), Bihar (2020).
- Pattern: Repeated doubts show a long-standing trust deficit.
Election Commission of India (ECI): An Overview
1. Constitutional Status
- The Election Commission of India is an autonomous constitutional authority.
- It derives its powers and responsibilities from Article 324 of the Constitution of India.
2. Core Responsibilities: The ECI is entrusted with conducting free and fair elections to
- Lok Sabha (House of the People)
- Rajya Sabha (Council of States)
- State Legislative Assemblies
- Office of the President of India
- Office of the Vice President of India
Key Functions and Duties of the Election Commission of India
- Constituency Management: Determines territorial boundaries as per the Delimitation Commission Act.
- Electoral Roll Management: Prepares and periodically updates electoral rolls.
- Election Scheduling: Notifies and manages the election timetable.
- Nomination Scrutiny: Receives and examines nomination papers of candidates.
- Political Party Regulation:
- Registers political parties
- Allots election symbols
- Grants recognition and status (national/state parties)
- Resolves related disputes
- Model Code of Conduct: Ensures its implementation during elections.
- Advisory Role:
- Advises President/Governor on disqualification of MPs/MLAs
- Advises on holding elections in states under President’s Rule
- Election Supervision: Oversees machinery to ensure free and fair polls.
- Poll Cancellation: Can cancel elections in case of irregularities.
Issues Associated with the Election Commission of India (ECI): Despite being a constitutional authority, the ECI faces several structural, functional, and credibility-related challenges:
1. Constitutional Limitations
- No prescribed qualifications, term, or eligibility criteria for ECI members.
- No bar on post-retirement appointments, which may affect impartiality.
2. Biased Selection Process
Under the 2023 Act, the selection committee includes:
- Prime Minister
- Leader of Opposition
- A Cabinet Minister
This creates a government majority, raising concerns over independence.
3. Insecure Tenure
- Election Commissioners can be removed on CEC’s recommendation, not through impeachment, making them vulnerable.
4. Financial Dependence
- ECI’s funding comes from the Union Government, not the Consolidated Fund of India, limiting its autonomy.
5. Electoral Malpractices
- Issues like inaccurate voter rolls, EVM tampering allegations, voter impersonation, and electoral violence undermine fair elections.
- The VVPAT, unlike the ballot and control units, contains centrally installed software and is connected to the control unit.
- The random tallying process of VVPAT slips with electronically cast votes appears arbitrary and lacks credibility in the public eye.
6. Allegations of Political Bias
- Perceived partisanship in decision-making.
- Transfers of officials, weak enforcement of Model Code of Conduct.
- Inaction or delayed action in cases of MCC violations by powerful parties.
7. Limited Powers Over Political Parties
- ECI cannot deregister parties for misconduct.
- Lacks authority to enforce inner-party democracy or regulate party finances.
8. Accessibility Challenges
- Disabled voters, remote populations, and language barriers still face hurdles in exercising voting rights.
Steps to Strengthen the Election Commission of India
1. Independent Selection Committee
- Implement the SC ruling (Anoop Baranwal vs Union of India, 2023):
- Selection by a committee comprising the PM, Leader of Opposition, and CJI to ensure neutrality.
2. Statutory Protection for Tenure
- Enact a law to define clear removal criteria for Election Commissioners to prevent arbitrary dismissal.
3. Financial Independence
- Allocate funds through parliamentary oversight or an independent body to reduce executive control.
4. Proportional Punishments
- Empower ECI to impose graded penalties (fines, suspension, deregistration) for electoral violations.
5. Strengthen Electoral Integrity
- Expand VVPAT coverage, secure voter databases, and prevent fraud or malpractices in voting and counting.
6. Technological Modernisation
- Adopt advanced tech like blockchain voting and upgrade electoral systems for transparency and security.
7. Inclusive Participation
- Ensure accessible polling for persons with disabilities and improve participation of marginalized groups.
8. Global Best Practices
- Collaborate with international electoral bodies to adopt tested reforms and improve institutional capacity.
Limits of Political Participation
- While political parties can raise objections, not all have equal resources to do so.
- Elections are not negotiations between ECI and parties; the ECI’s role is to reassure citizens of a fair process.
Conclusion
Perceived bias or opacity in the ECI erodes democratic trust.The ECI must move beyond defending itself to actively building public trust through transparency and impartiality.
UPSC Relevance:
GS Paper II – Polity & Governance
- Constitutional bodies: Election Commission of India
Mains Practice Question:
Q. “The legitimacy of democracy rests not just on elections, but on the trust in the institution that conducts them.”In this context, discuss the challenges faced by the Election Commission of India in maintaining its impartiality and credibility. Suggest reforms to strengthen its autonomy