ELECTION COMMISSION FOR UPSC | Career Launcher

Election Commission is an autonomous constitutional authority which is responsible for conducting elections at the national and state level. It is extremely important for the UPSC Civil Services Exam for both Prelims and Mains.

Let us understand what all we will cover in this article on Election Commission for UPSC :

• Constitutional Provision
• Power and Function
• Related controversies and Judgements
• Way forward

According to Rudolph and Rudolph, The Election Commission has a key position at the heart of the new regulatory centrism of an Indian state, as an institution that acts as an enforcer of rules that safeguard the democratic legitimacy of the political system.

Constitutional Provision of Election Commission

• The Constitution has created an independent Election Commission of India in which vests the superintendence, direction and control of the preparation of electoral rolls for, and conduct of elections to, the offices of President and Vice-President of India and Parliament and State Legislatures (Article 324). A similar independent constitutional authority has been created to conduct elections to municipalities, Panchayats and other local bodies (Articles 243 K and 243 ZA).
• Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc. of the commission and the member.
• Originally the commission had only one election commissioner, but after the Election Commissioner Amendment Act 1989, it consists of one Chief Election Commissioner and two Election Commissioners.
• The Chief Election Commissioner and Election Commissioners appointed by The President. They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
• The Chief Election Commissioner and Election Commissioners enjoy the same status and receive salary and perks as available to the Judges of the Supreme Court of India.
• The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament. But, the constitution is silent about the procedure for removal of the other Election Commissioners. It only provides that they cannot be removed from office except on the recommendation of the CEC.
• The Chief Election Commissioner of India can be removed from office as can be a judge of the Supreme Court of India: a two-thirds majority resolution passed by the Parliament of India (Lok Sabha and Rajya Sabha) outlining the grounds of misbehavior or incapacity.
• A Chief Election Commissioner has yet to be impeached.

Power and Function of Election Commission | UPSC Civil Services

• The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in the Election Commission.(Art-324)
• All doubts and disputes relating to the elections to the office of President and Vice-President are dealt with by the Supreme Court (Article 71), whereas the initial jurisdiction to deal with all doubts and disputes relating to the elections to Parliament and State Legislature vests in the High Court of the State concerned, with a right of appeal to the Supreme Court (Article 329).
• According to Election Symbols (Reservation and Allotment) Order 1968, the Election commission governs the matters relating to recognition of political parties at the National and State level, reservation of election symbols for them, and provide resolution of disputes for allotment of symbols to all candidates at elections.
• The Commission has advisory jurisdiction in the matter of election disqualification on the basis of of sitting members of Parliament and State Legislatures.
• The Election Commission exercises its inherent powers under Article 324 of the Constitution is the enforcement of the Model Code of Conduct for guidance of political parties and candidates.
• EC determines the territorial areas of the electoral constituencies in the country on the basis of the Delimitation Commission Act of Parliament.
• EC has responsibility to declare the dates and schedules of elections and to scrutinize nomination papers.

Related controversies and Judgements

1. The core duties of the EC are delimitation of constituencies, preparation of electoral rolls, the supervision of nomination of candidates, etc. But the real issue is that the EC has minimal executive structure and have to rely on the goodwill of administrative and government machinery to carry out its task.
2. Originally Election commission had one Election commissioner, but, in 1972, the joint parliamentary committee on electoral law suggested for additional commissioners. Now the appointment and removal of these commissioners are the mains inter-institutional issue because Art 324 is silent about the appointment and removal of the additional commissioner.
3. The are two institutional weaknesses in the structure of EC; 1. The scope for partiality in appointments by government, 2. Difference in the security tenure of CEC and additional EC.
4. The accuracy of the registration of the electorate is crucial for democracy. But fake voter id issues in every election are a cause of concern.
5. The first time EVM introduced in 1982 in Kerala, but the Supreme Court disallowed in 1984, on the ground that RPA (1951) included the words ‘votes shall be given by ballots’. After amendment, EC reintroduced EVM in 16 assembly constituencies in state elections held in November 1998. But recent controversies related to EVM malfunction and 'tampering' create a dubious situation which is not good for a healthy democracy.
6. Modern means of communication like social media, media, etc. create a new challenge for EC to control the unfair practice during polls. There is no definite legal framework to control these tools, provide a scope for manipulation of voters' minds by candidates.
7. Consistently violation of model code of conduct is also a challenge for EC. There is a no legal power to punish for violation of model code of conduct.
8. Criminalisation of politics is an extremely disastrous and lamentable situation and every year. EC does not enough power to control the money and muscle power in politics.
   • SS Dhanoa v. Union of India (1991)- 'When an institution like EC is entrusted with vital functions and to execute them, it is both necessary and desirable that the power are not exercised by one individual, however wise he may be'. But the chief election commissioner does not appear to be primus inter pares, i.e. first among equals, but he is intended to be placed in a distinctly higher position.
   • TN Seshan v Union of India and Ors (1995)- It is inherent in a democratic set up that the agency which is entrusted the task of holding elections to the legislatures should be fully insulated so that it can function as an independent agency free from external pressures from the party in power or executive of the day. This objective is achieved by the setting up of an Election Commission, a permanent body, under Art 324(1) of the constitution. The SC held that the CEC and ECs are equal. The power of CEC related to recommending the removal of ECs has signify the intention of shielding them and not to use it against them. CEC is an equal to them.
   • AC Jose v Sivan Pillai and Ors (2014)- Supreme Court, however, held that when there is no parliamentary legislation or rule made under the said legislation, the Commission is free to pass any order in respect of the conduct of elections, but where there is an Act and express rules made thereunder, it is not open to the Commission to override the Act or the rules, and pass orders in direct disobedience to the mandate contained in the Act or rules.
   • Common Cause v Union of India and Ors (2015)- The Supreme Court held that the expression ‘conduct of election’ in art 324 of the Constitution is wide enough to include in its sweep, the power of the Election Commission to issue, in the process of the conduct of elections—directions to the effect that the political parties shall submit to the Commission for its scrutiny, the details of the expenditure incurred or authorised by the political parties in connection with the election of their respective candidates.

Way forward

• In 1972, joint parliamentary committee suggested that the CEC should be supported by the other election commissioners as per article 324. The Tarkunde committee on Electoral reform (1975) and Goswami committees on Electrol reforms (1990) suggested the selection of commissioner rather than appointment on the basis of discretion of the President.
• The 2nd ARC report recommended for the selection panel headed by the Prime Minister with the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister and the Deputy Chairman of the Rajya Sabha as members should make recommendations for the consideration of the President for appointment of the Chief Election Commissioner and the Election Commissioners.
• EVM controversy should be resolved by creating the all party panel and issue related malfunctions and tampering of EVM can be reduced by upgradation of EVM, is called 'M3.
• Legal backing for Model Code of Conduct is also a necessary step to prevent the violation of MCC which will give power to EC to punish the violators.