We all know that the Election Commission of India is an indispensable institution when it comes to the functioning of the largest democracy in the world. So, we need to know how, when and why it came into existence.
The Election Commission of India (ECI) was established on January 25, 1950. It is a permanent constitutional authority responsible for administering election processes in India. Its creation and functions are mandated by Article 324 of the Indian Constitution. It ensures the supervision, direction, and control of elections to Parliament, state legislatures, and the offices of the President and Vice-President of India. The ECI’s purpose is to uphold the principles of free and fair elections, which are the foundation of democratic governance.
Historical Context and Formation
Initially, the Commission comprised a single Chief Election Commissioner (CEC). Sukumar Sen was the first CEC, serving from March 21, 1950, to December 19, 1958. A former member of the Indian Civil Service (ICS), Sen played a pivotal role in making the ECI one of the most robust electoral systems in the world. The ECI began with a modest staff of around 300 employees.
Constitutional Mandate and Powers
The Election Commission’s powers are extensive, encompassing administrative, advisory, and quasi-judicial functions. These include registering political parties, enforcing the Model Code of Conduct, defining electoral boundaries, monitoring electoral expenses, and settling disputes among parties and candidates. It operates independently and impartially, which is crucial for maintaining the integrity of the electoral process.
One of the ECI’s key responsibilities is the preparation and revision of electoral rolls, ensuring that eligible citizens are included and ineligible individuals are removed. The Commission also has the authority to determine the territorial constituencies for elections to the Lok Sabha and state legislative assemblies.
Evolution to a Multi-Member Body
The Election Commissioner Amendment Act of 1989 changed the structure of the Election Commission of India (ECI) significantly. It became a multi-member body with one CEC and two ECs. The legislative change aimed to foster consensus and manage complexities in conducting elections in the world’s largest democracy. The ECI was a single-member entity before this amendment, which burdened the Chief Election Commissioner.
Adding more Election Commissioners ensures a balanced and transparent electoral process. The structural modification helped the Commission address challenges like electoral malpractices, voter fraud, and technological advancements in voting more effectively.
The three commissioners have equal powers and receive the same salaries and benefits as Supreme Court Judges under the amended act. This highlights the importance of maintaining judicial standards within the ECI. Commissioners serve for six years or until they turn 65, whichever happens first. This tenure allows for implementing vision and reforms while bringing in fresh perspectives.
Decision-making in the ECI is based on majority voting, maintaining organisational democracy. This method avoids a single commissioner’s dominance and encourages a collaborative election approach. It reduces the risk of decisions that could undermine the electoral process.
Notable Chief Election Commissioners have shaped the trajectory and operations of the ECI. Among them, T.N. Seshan (1990-1996) is renowned for his stringent enforcement of the Model Code of Conduct. Seshan’s tenure was marked by a vigorous crackdown on electoral malpractices, including the excessive use of money, muscle power, and government machinery during elections. His rigorous implementation of the rules restored public faith in the electoral process and set a precedent for future commissioners.
Another influential figure, J.M. Lyngdoh (2001-2004), introduced groundbreaking reforms that modernised the electoral system in India. One of his most significant contributions was the introduction of Electronic Voting Machines (EVMs), which revolutionised the voting process by making it more efficient and reducing the likelihood of human error and electoral fraud. Lyngdoh played a pivotal role in implementing the Voter Verified Paper Audit Trail (VVPAT) system, which added an extra layer of transparency and verifiability to the voting process, enhancing voter confidence in the accuracy of election results.
These reforms, along with other measures, have strengthened India’s electoral process. The ECI’s multi-member structure, established in 1989, is robust for elections in a populous country. The commissioners’ collective wisdom and shared responsibilities make the ECI a strong guardian of elections in India.
The Election Commissioner Amendment Act of 1989 transformed the Election Commission of India into a multi-member body, a significant development in the country’s electoral history. It facilitated democratic decision-making and equipped the Commission for complex elections. Granting equal powers, salaries, and benefits to all commissioners highlights their crucial role in upholding the integrity and transparency of the electoral process.
State Election Commissions
India has State Election Commissions (SECs) in addition to the ECI. These bodies hold elections for Urban Local Bodies. Articles 243K and 243ZA of the Indian Constitution establish the SECs to manage electoral rolls and elections for Panchayats and Municipalities.
The State Election Commissioner, appointed by the Governor, ensures fair local governance elections. However, the ECI provides guidance and support to the SECs, fostering a collaborative relationship for effective electoral management across all levels of governance.
The Model Code of Conduct
The Model Code of Conduct (MCC) is a critical tool for ensuring free and fair elections. The MCC guides the conduct of political parties and candidates during elections. It includes speeches, meetings, processions, election manifestos, polling, and conduct. The main objective is to prevent actions that exacerbate differences or foster mutual hatred between different castes and communities.
1. General Rules:
- Don’t misuse government resources like vehicles, buildings or employees for campaigning.
- Don’t bribe or threaten voters with money, gifts or force.
- Don’t make personal attacks or spread unverified rumours against opponents.
2. Public Meetings and Rallies:
- Get permission before holding public meetings.
- Inform authorities about rally routes and timings.
- Don’t block roads or disturb the public during rallies.
3. On Voting Day:
- No campaigning near polling booths (within 100 meters).
- No loudspeakers allowed near polling booths.
- Only voters, officials and authorised persons can enter polling booths.
4. For the Party in Power:
- Don’t announce new financial schemes during elections.
- Don’t inaugurate new projects during this period.
- Ministers can’t combine official visits with campaigning.
5. Media and Advertising:
- All candidates must get fair and equal media coverage.
- Don’t publish misleading or defamatory content.
- Clearly mark all advertisements as “Ad”.
6. Election Manifestos:
- Don’t make promises that overburden the public funds.
- Promises must align with the country’s Constitution.
7. After Elections:
- All parties and candidates must ensure peace after the results.
8. Enforcement:
- The Election Commission monitors and enforces these rules.
- Any citizen can complain about violations.
Enforcement and Violations
The ECI enforces the MCC and takes action against violations. The MCC starts with the election schedule announcement and ends with the declaration of results. It’s important to protect the sanctity of the electoral process during this period. Violations of the MCC can result in penalties, including reprimands and disqualification of candidates.
However, it is important to note that the MCC is not a statutory document and is not enforceable by any laws passed by Parliament. Despite this, many of its guidelines correspond with offences and corrupt practices under the Indian Penal Code and the Representation of the People Act, 1951, which carry legal consequences.
To address limited enforcement powers, the ECI has taken innovative steps such as appointing dedicated teams of officials to monitor the implementation of the MCC and coordinate with law enforcement agencies to ensure compliance. The Commission has also leveraged technology, such as Social Media Monitoring Cells, to track and address violations on digital platforms.
Challenges and Criticisms
The ECI has succeeded in ensuring election integrity in India but still faces challenges. The ECI lacks enforcement power over the MCC due to its non-statutory nature. The ECI is often seen as powerless in tackling electoral malpractices.
Issues such as voter fraud, misuse of state machinery, and electoral violence continue to plague the Indian electoral landscape, demanding constant vigilance and innovation from the ECI. The increasing influence of money power in elections, particularly through opaque funding sources, has raised concerns about the potential erosion of the level playing field for political parties and candidates.
Innovations and Technological Advancements
In recent years, the ECI has embraced technological advancements to enhance the electoral process. Introducing Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs) has significantly reduced the incidence of electoral fraud and increased transparency. The Commission has also implemented measures to ensure the integrity of EVMs, such as rigorous testing and third-party audits.
The ECI has also leveraged digital platforms for voter registration, awareness campaigns, and monitoring of electoral expenses. Using mobile applications and web portals has made the electoral process more accessible and transparent to the public, fostering greater participation and trust in the system.
Role in Strengthening Democracy
The Election Commission of India plays a pivotal role in strengthening democracy in the country. By ensuring free and fair elections, the ECI upholds the democratic principle that power ultimately rests with the people. The Commission’s commitment to impartiality and transparency has earned it respect both nationally and internationally.
The ECI’s success in conducting elections in the world’s largest democracy serves as a model for other countries striving to establish and maintain democratic systems. Its rigorous processes, adherence to ethical standards, and adaptation to changing circumstances have contributed significantly to the credibility and legitimacy of electoral outcomes in India.
Future Directions
As India continues to evolve, so too must the Election Commission. The ECI must address challenges like money and muscle power in elections, social media’s role in misinformation, and the need for inclusivity in the electoral process. Enhancing voter education, particularly among marginalised communities, is essential for ensuring that every citizen can exercise their right to vote freely and fairly.
The Election Commission of India (ECI) should work to strengthen its enforcement capabilities to better uphold electoral laws and integrity. This could involve pushing for legislative reforms to grant it more powers, or better leveraging existing legal frameworks. Establishing specialised tribunals or fast-track courts dedicated to handling electoral offences swiftly and fairly could be highly beneficial. At the same time, the ECI should judiciously embrace technological innovations like remote voting, improved accessibility features, and real-time monitoring to enhance the electoral process while remaining vigilant against potential vulnerabilities or unintended consequences.
Ultimately, an institution’s effectiveness is inextricably tied to the commitment, capabilities and integrity of the individuals running it. The ECI can only be as impactful as the impartiality, diligence and professionalism of its commissioners and staff. Having the right talent and leadership is pivotal for the commission to fulfil its constitutional mandate.
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