Election Commission of India (ECI)

Constitutional Foundation

• Established under Article 324 of the Constitution.
• Permanent and independent constitutional authority.
• Mandate: Conducts elections for:
  • Parliament (Lok Sabha & Rajya Sabha)
  • State Legislatures
  • President and Vice-President of India
• Exclusion: Elections for Urban Local Bodies (ULBs) and Panchayats are conducted by the State Election Commissions (SECs) under Article 243K.
  

Relevant Constitutional Provisions

• Article 324: Vests the superintendence, direction, and control of elections in the ECI.
• Article 325: Prohibits discrimination in electoral rolls on grounds of religion, race, caste, or sex.
• Article 326: Provides for universal adult suffrage (18+ years).
• Article 327: Empowers Parliament to legislate on elections to Parliament and State Legislatures.
• Article 328: Empowers State Legislatures to legislate on state elections.
• Article 329: Bars courts from interfering in electoral matters (except via election petitions).
  

Functions and Powers of the ECI

Administrative Functions

• Conducts elections to Parliament, State Legislatures, President, and Vice-President.
• Prepares and revises electoral rolls.
• Issues the Model Code of Conduct and ensures its enforcement.
• Schedules elections and announces election dates.
• Supervises campaign finance and political advertising.
• Ensures free and fair polling, counting of votes, and result declaration.
• Organizes by-elections when necessary.
  

Quasi-Judicial Functions

• Decides on disputes related to recognition and de-recognition of political parties.
• Allocates election symbols to parties.
• Can disqualify candidates for failure to lodge election expense accounts.
  

Advisory Functions

• Advises the President (for MPs) and Governors (for MLAs) on matters of disqualification of elected members.
• Provides input in cases involving corrupt practices or electoral offences.
  

Composition of the ECI

• Initially a single-member body (Chief Election Commissioner).
• Since 1989, a multi-member body:
  • 1 Chief Election Commissioner (CEC)
  • 2 Election Commissioners (ECs)
• All members enjoy equal powers and decision-making authority.
• In case of difference of opinion, majority decision prevails.
  

Appointment and Tenure

• Appointed by: President of India.
• Tenure: 6 years or until 65 years of age (whichever is earlier).
• Conditions of Service: Cannot be varied to their disadvantage after appointment.
  

Removal and Security of Tenure

• Chief Election Commissioner:
  • Can be removed only through impeachment, similar to Supreme Court judges (via special majority in both Houses).
    
• Election Commissioners:
  • Can be removed by the President on the recommendation of the CEC.
    

Significance and Challenges

• Ensures the integrity and credibility of Indian elections, which are among the largest democratic exercises globally.
  Faces issues such as:
  • Allegations of bias
  • Need for greater transparency in appointments
  • Increasing complexity of electoral fraud and digital misinformation