Election Commission - Overview
The Election Commission of India (ECI) is a permanent and independent organisation created directly by India's Constitution to ensure free and fair elections. The electoral commission is endowed with the authority of superintendence, direction, and control over elections to parliament, state legislatures, the president of India, and the vice-president of India. As a result, the Election Commission is an all-India body in the sense that it represents both the central and state governments. Elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils, and the President and Vice President of the country are conducted by this organisation.
The Election Commission is governed by Article 324 of the Constitution, and the Representation of the People Act was adopted afterwards. Under the Constitution, the commission has the authority to act appropriately when existing laws are insufficient to cope with a particular situation in the conduct of an election. The Election Commission, like the country's higher courts, the Union Public Service Commission, and the Comptroller and Auditor General of India, is a constitutional entity that functions with both autonomy and independence. It is a constitutional body that will occur permanently.
Structure of ECI
The commission was founded in 1950, with only a Chief Election Commissioner at the time. On the eve of the 1989 General Election, two more Commissioners were appointed to the commission for the first time on October 16, 1989 (on the night of the 1989 General Election), although their term was brief, expiring on January 1, 1990. The "Election Commissioner Amendment Act, 1989" was passed on January 1, 1990, making the commission a multi-member body. Since then, a three-member committee has been in existence, with decisions decided by a majority vote.
According to the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Rules, 1992, the Chief Election Commissioner and two Election Commissioners, who have usually retired IAS officers, receive salaries and allowances on par with those of Judges of the Supreme Court of India.
The commission's secretariat is situated in New Delhi. Deputy Election Commissioners, who are usually IAS personnel, assist the Election Commissioners. Directors General, Principal Secretaries, Secretaries and Under Secretaries also assist them.
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Appointment, Removal and Other Important Provisions
The important provisions related to the Election Commission of India are given below:
Presently, ECI is said to be a multi member body and consists of one Chief Election Commissioner and two other Election Commissioners.
The Chief Election Commissioner as well as two other Election Commissioners are appointed by the President of India.
The tenure is said to be fixed which is 6 years or up to the age of 65 years whichever is earlier.
Their status, salary as well as perks are said to be similar to the judges of the Supreme Court.
If we talk about the removal, they can only be removed by the President after a resolution passed by the parliament through a procedure similar to the removal of the judge of the supreme court.
Main Functions of the Election Commission
The following are the main functions of the Election Commission:
Constituency delimitation.
Electoral Rolls Preparation
Each General Election, the electoral registers are reviewed.
Make sure that all of the necessary arrangements are in place for elections to be held on schedule.
Publication of the election timetable, as well as the receipt and scrutiny of nominations.
Conduct all parliamentary and state elections.
State Election Commission
The State Election Commission is an identity constitutional body that oversees elections for the third tier of government, which comprises Panchayati Raj Institutions and Urban Local Bodies. Elections to these bodies were held by the various state governments before 1992. The 73rd and 74th amendments to the Constitution were enacted in 1992 to grant legal legitimacy to Local Self-Governments (LSGs), allowing them to take their due position in the nation-building process. Articles 243 K and 243 ZA were incorporated in the Constitution to create a State Election Commission in each state as a constitutional body with jurisdiction over "the preparation of electoral rolls for all elections to Panchayats and Municipalities in the State, as well as the conduct of such elections."
List of Chief Election Commissioners in India
The following are the lists of India's chief election commissioners:
Election Laws in India
The Representation of the People Act, 1950, and the Representation of the People Act, 1951 are India's two major election laws. The Representation of the People Act, 1950 is concerned with the preparation and revision of electoral rolls, whilst the Representation of the People Act, 1951 is concerned with the smooth running of elections and the resolution of disputes. It is crucial to remember that the Election Commission has residuary powers to act appropriately in the conduct of elections whenever any legislation is silent or inadequately covers a topic.
Right to Vote
All Indian citizens have the right to vote by registering as voters in their respective constituencies, provided they are 18 years old on the first day of the year for which an electoral roll is created. Individuals who have been disqualified from voting by a court for çcorrupt activities or any other election-related violation are not allowed to vote. Similarly, those who are mentally ill are not allowed to vote. After completing the election process the candidate received the voter certificate from the National Voter Services Portal.
What are the Documents for Voter ID Enrollment?
One passport-sized photograph.
Identity proof- this could be a birth certificate.
Passport xerox copy.
Driving licence xerox copy.
PAN Card xerox copy or high school mark sheet.
Address proof- a utility bill (phone or electricity).
How to Check Voter ID Cards Online?
The official website is the most common way to check voter ID information. Check out the method outlined below for step-by-step instruction.
Visit the Electoral Search page for further information. After 2 or 3 weeks after applying for a voter ID card, this website keeps all voter information.
There are two ways to find out your information on the website's homepage. The first option is to input your Epic Number, while the second is to search using your details.
If you select the first option, you'll be prompted to input your Epic Number, State, and the Security Code displayed on the screen before pressing the "search" button. Your information will be displayed on the screen if you are a registered voter.
You may also use the “Search by details” option to find your Voter Identity Card data by entering information such as your complete name, age, date of birth, states, district, and constituency and clicking “Search.” Your information will be displayed on the screen if you are a registered voter.
What is NVSP and How Does it Work?
The NVSP stands for the National Voter Services Portal. The portal was created to give electors a single interface for service. A user can use NVSP to obtain and access a variety of services, including accessing the electoral list, applying for a voter id card, applying online for corrections to a voter's card, viewing details of polling booths, Assembly Constituencies, and Parliamentary Constituencies, and obtaining the contact information for Booth Level Officers and Electoral Registration Officers, among other services. There are different NVSP helpline numbers for different states. This site is very helpful for any Indian citizen and also it is very easy to use.
Conclusion
Therefore, we can say that the Election Commission of India was established in the year of 1950. It is an all-India body that represents both the central and state governments. Elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies and State Legislative Councils are conducted by this organisation. The State Election Commission oversees elections for the third tier of government. Elections to these bodies were held by the various state governments before 1992. The 73rd and 74th amendments to the Constitution were enacted in 1992 to grant legal legitimacy to Local Self-Governments (LSGs).
FAQs on Election Commission of India
1. What is the Election Commission of India (ECI) and what is its constitutional basis?
The Election Commission of India (ECI) is a permanent and independent constitutional body responsible for administering free and fair elections in India. It was established on 25th January 1950. The authority for its formation comes directly from Article 324 of the Constitution of India, which vests the 'superintendence, direction and control' of elections in the ECI.
2. What are the primary functions and powers of the Election Commission of India?
The Election Commission of India has several key functions to ensure the democratic process. Its primary duties include:
- Preparing and periodically revising electoral rolls and registering all eligible voters.
- Notifying the dates and schedules of elections and scrutinising nomination papers.
- Granting recognition to political parties and allotting election symbols to them.
- Enforcing the Model Code of Conduct to ensure free and fair elections.
- Advising the President on matters relating to the disqualification of members of Parliament.
3. How are the Chief Election Commissioner (CEC) and other Election Commissioners appointed and removed?
The President of India appoints the Chief Election Commissioner (CEC) and other Election Commissioners. They have a fixed tenure of six years or up to the age of 65 years, whichever is earlier. To ensure their independence, the CEC can only be removed from office through a process similar to the removal of a Supreme Court judge, which requires a resolution passed by a two-thirds majority in both houses of Parliament on grounds of proven misbehaviour or incapacity.
4. Why is the independence of the Election Commission considered crucial for Indian democracy?
The independence of the Election Commission is the bedrock of India's democratic system. An independent ECI ensures that elections are conducted impartially, without any influence or pressure from the ruling party or executive government. This creates a level playing field for all candidates and political parties, fostering public trust in the electoral process. Its autonomy in decision-making, financial matters, and the security of tenure for its commissioners are essential for upholding the principles of free and fair elections, which is the essence of democracy.
5. What is the difference between the Election Commission of India (ECI) and a State Election Commission (SEC)?
The key difference lies in their jurisdiction. The Election Commission of India (ECI) is responsible for conducting elections for the President, Vice-President, Parliament (Lok Sabha and Rajya Sabha), and State Legislative Assemblies. In contrast, the State Election Commission (SEC) is a separate constitutional body responsible for conducting elections to local bodies like Panchayats and Municipalities within a state, as mandated by the 73rd and 74th Constitutional Amendments.
6. How does the ECI use tools like EVMs and VVPATs to ensure electoral transparency?
The ECI uses Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) to enhance transparency and accuracy in voting.
- The EVM is a device for recording votes electronically, which prevents invalid votes and allows for faster counting.
- The VVPAT system is connected to the EVM and prints a paper slip bearing the name and symbol of the candidate voted for. This slip is visible to the voter for a few seconds before being deposited in a sealed box, allowing for verification of the vote cast.
7. What is the Model Code of Conduct (MCC) and when does it come into effect?
The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India for the conduct of political parties and candidates during elections. It covers aspects like speeches, polling day conduct, portfolios, election manifestos, processions, and general conduct. The MCC is not a statutory law but is enforced by the ECI. It comes into effect from the moment the election schedule is announced and remains in force until the entire electoral process is completed.
8. What are some of the major challenges faced by the Election Commission of India today?
Despite its success, the ECI faces several modern challenges. These include combating the influence of money power and muscle power in elections, regulating fake news and misinformation on social media, tackling the criminalisation of politics, and ensuring the security and integrity of electronic voting systems against potential cyber threats. Managing the logistics of massive elections while ensuring inclusivity and accessibility for all voters remains a continuous challenge.
9. Can the Election Commission of India cancel or postpone an election? Under what circumstances?
Yes, the Election Commission of India has the power to cancel or postpone an election in a particular constituency. This extraordinary step is taken only under specific circumstances, such as evidence of large-scale booth capturing, rigging, use of muscle power that prevents free voting, or a natural disaster that makes it impossible to conduct the election. The decision is based on reports from official observers and is aimed at ensuring the purity of the electoral process.
