Empower Election Commission: To Defend Institutional Credibility

Introduction

Recently, two retired bureaucrats, Gyanesh Kumar and Sukhbir Singh Sandhu, were appointed as Election Commissioners with great speed. This appointment is made barely two days before the 2024 Lok Sabha election dates are officially announced. They presently make up the three members of the Election Commission of India panel, together with Chief Election Commissioner Rajiv Kumar.

But criticism has been levelled at Election Commissioner Arun Goel's resignation during a Constitutional Bench hearing meant to guarantee an impartial selection procedure for ECI members. Furthermore, the lack of a definitive reason for Goel's resignation— especially given that it occurred right before the Lok Sabha election calendar was finalized— has increased concerns about the openness and independence of the commission's work.

What is the Election Commission of India?

About

• In India, the Election Commission of India (ECI) is an independent constitutional body tasked with running the Union and State electoral systems.

• It was founded on January 25, 1950, National Voters' Day, in compliance with the Constitution. The commission's secretariat is located in New Delhi.

• Elections to the State Legislative Assemblies, Lok Sabha, Rajya Sabha, and Indian presidential and vice presidential posts are managed by this body.

• Elections to state municipalities and panchayats are unrelated to it. The Indian Constitution makes provision for a distinct State Election Commission for this purpose.

Constitutional Provisions

• Section XV of the Constitution (Articles 324–329): It creates a commission to handle election-related issues.

• Article 324: An Election Commission will have supervision, guidance, and control over elections.

• Article 325: No one shall be excluded from or assert an exemption from the special electoral roll based on a person's race, religion, caste, or sexual orientation.

• Article 326: Adult suffrage shall be the basis for elections to the Legislative Assemblies of the States and the House of People.

• Article 327: Power of Parliament to make provisions concerning elections to Legislatures.

• Article 328: The State Legislature's authority to establish rules about elections to the Legislature.

• Article 329: Court intervention in electoral matters is prohibited.

ECI Structure

• The Election Commissioner Amendment Act of 1989 resulted in the commission's transformation from a single election commissioner to a multi-member organisation.

• The Chief Election Commissioner (CEC) and any additional election commissioners, if any, that the President may from time to time appoint, will make up the Election Commission.

• It is currently made up of two Election Commissioners (ECs) and the CEC.

Commissioner Appointment and Tenure

• By the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, the President appoints Commissioners for Elections and CECs.

• Their term is set at six years, or until they are 65, whichever comes first.

• The CEC and ECs will have the same pay and working conditions as the Cabinet Secretary.

Removal

• They have the option to leave at any moment, or they can be taken out before their term is out.

• While ECs can only be removed on the CEC's recommendation, CECs can only be removed from office following a procedure by Parliament akin to that of a SC judge.

What Accomplishments Has the Election Commission of India Achieved So Far?

1. Conducting Free and Fair Elections:

   - The Election Commission of India (ECI) has effectively overseen numerous elections nationwide, ensuring impartiality and fairness.

   - It has maintained the integrity of 17 national and over 370 state elections since independence in 1947.

2. Celebrated as Undocumented Wonder:

   - The ECI conducts some of the world's largest and longest elections, such as the 2019 parliamentary elections with 900 million voters over 39 days.

   - Recognized as an "undocumented wonder," it safeguards the integrity of India's electoral process.

3. Initiatives for Inclusive Participation:

   - The ECI's initiatives have encouraged participation from marginalized groups, ensuring their enthusiastic involvement without intimidation.

   - Measures like reserved constituencies for Scheduled Castes and Tribes prevent malpractices, fostering democratic inclusivity.

4. Introducing Voter ID Cards:

   - Voter ID cards, introduced in 1993, serve as proof of identity and address, enhancing the integrity of electoral rolls and reducing impersonation risks.

5. Introduction of Electronic Voting Machines (EVMs):

   - EVM adoption has streamlined voting, increasing efficiency and reducing electoral fraud risks.

   - These machines ensure accurate vote counting, bolstering the transparency and credibility of Indian elections.

6. Implementation of Model Code of Conduct (MCC):

   - Enforcing the MCC promotes fair play among political parties and candidates during elections.

   - Guidelines on campaigning, political advertisements, and resource usage foster ethical election practices.

7. Innovative Use of Technology:

   - Embracing technological advancements has improved the electoral process, with online voter registration and verification portals.

   - Mobile apps like cVIGIL enable citizens to report election code violations directly, enhancing accountability.

8. Implementation of Voter Education Programs:

   - Extensive voter education campaigns educate citizens on their voting rights and the importance of informed decision-making.

   - These initiatives aim to boost voter awareness and participation, vital for a robust democratic process.