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Election Commission

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Election Commission

The Election Commission of India is a permanent and independent body established by the Constitution to ensure free and fair elections in the country.

Constitutional Provisions

    • Article 324: Assigns the responsibility of overseeing elections to Parliament, state legislatures, and the offices of the President and Vice-President to the Election Commission. This makes it an all-India body, serving both Central and state governments.
    • Part XV (Article 324-329): It deals with elections and establishes a commission for these matters.
    • Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
    • Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex.
    • Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage.
    • Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
    • Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
    • Article 329: Bar to interference by courts in electoral matters.

Composition

    • Consists of a Chief Election Commissioner (CEC) and a number of Election Commissioners as determined by the President.
    • Initially, it functioned as a single-member body, becoming a multi-member commission in 1989 and again from 1993 onwards.
    • All commissioners have equal powers, with decisions made by majority vote.
    • They serve a term of six years or until reaching the age of 65, whichever is earlier.

Independence

    • The CEC has security of tenure and can only be removed like a Supreme Court judge.
    • Conditions of service for the CEC cannot be varied to his/her disadvantage post-appointment.
    • Other commissioners can only be removed on the recommendation of the CEC.

Criticisms of Independence

    • No specified qualifications for commissioners.
    • No fixed term for commissioners.
    • Retiring commissioners are not barred from future government appointments.

Powers and Functions

1. Administrative Powers:

    • Delimit electoral constituencies based on the Delimitation Commission Act.
    • Prepare and revise electoral rolls; register voters.
    • Notify election dates and scrutinize nominations.
    • Register political parties and allot symbols.

2. Advisory Powers:

    • Advise the President and Governors on member disqualifications in Parliament and state legislatures, respectively.
    • Advise on holding elections under President’s Rule.

3. Quasi-Judicial Powers:

    • Act as a court for disputes related to party recognition and symbol allocation.
    • Cancel polls in cases of irregularities like rigging and violence.

 

Assistance and Structure

    • Supported by deputy election commissioners and other secretarial staff.
    • At the state level, the Chief Electoral Officer assists, appointed by the Chief Election Commissioner in consultation with the state government.
    • District collectors act as district returning officers, appoint returning officers for constituencies, and presiding officers for polling booths.

 

This structured approach ensures the Election Commission’s role in maintaining electoral integrity and fairness across India.

Vision

    The Election Commission of India aims to be an Institution of Excellence by enhancing active engagement and participation, and by deepening and strengthening electoral democracy in India and globally.

Mission

      The Election Commission endeavors to maintain independence, integrity, and autonomy. It ensures accessibility, inclusiveness, and ethical participation from stakeholders while adopting the highest standards of professionalism to deliver free, fair, and transparent elections, thereby strengthening trust in electoral democracy and governance.

 

Guiding Principles

The guiding principles of good governance outlined by the Election Commission focus on:

1. Constitutional Values: Upholding the values enshrined in the Constitution, such as equality, equity, impartiality, independence, and the rule of law, in overseeing electoral governance.

 

2. Credible Elections: Conducting elections with utmost credibility, freeness, fairness, transparency, integrity, accountability, autonomy, and professionalism.

 

3. Inclusive Participation: Ensuring the participation of all eligible citizens in the electoral process, fostering a voter-centric and voter-friendly environment.

 

4. Stakeholder Engagement: Engaging with political parties and all stakeholders in the interest of the electoral process.

 

5. Electoral Awareness: Promoting awareness among stakeholders—including voters, political parties, election functionaries, candidates, and the broader public—about the electoral process and governance to enhance trust in the electoral system.

 

6. Human Resource Development: Developing human resources for effective and professional delivery of electoral services.

 

7. Infrastructure Development: Building quality infrastructure to facilitate the smooth conduct of the electoral process.

 

8. Adoption of Technology: Leveraging technology to improve all facets of the electoral process.

 

9. Innovation: Striving for innovative practices to achieve excellence and the overall realization of the vision and mission.

 

10. Reinforcing Democratic Values: Contributing towards the reinforcement of democratic values by maintaining and enhancing the confidence and trust of the people in the country’s electoral system.

 

These vision statements, mission directives, and guiding principles collectively aim to ensure that the Election Commission of India operates with the highest standards, fostering democratic values and trust in the electoral process.