The Indian Constitution established the electoral commission as an independent agency to guarantee free and fair elections. The Lok Sabha elections are being hosted by the Indian Election Commission. The election commission is empowered by the constitution to oversee, direct, and manage elections for the state legislature, the national assembly, the office of the president, and the vice president of India. One entity that is shared by the national and state governments of India is the Election Commission. On the other hand, the elections for municipalities and panchayats in the various states are not handled by the electoral commission. The Indian constitution provides for a separate electoral commission for these elections.
The EC is a constitutional body.
In accordance with the requirements of the Indian Constitution, the Election Commission of India was established in 1950 as a permanent body.
The Indian Constitution's Part XV addresses ECI.
It is a body that is shared by all of India, Central and State.
The ECI is covered by Article 324 of the Indian Constitution.
Its responsibility extends to holding elections for state legislative assemblies, the Rajya Sabha, and the Lok Sabha.
It is also in charge of the legislative assembly for union regions and the presidential and vice presidential elections.
The Election Commission was established in accordance with the Constitution on January 25, 1950. The Commission commemorated its Golden Jubilee in 2001.
At first, the commission consisted of a single Chief Election Commissioner. The board now consists of a Chief Election Commissioner, as well as two Election Commissioners.
Two more Commissioners were appointed for the first time on October 16, 1989, however, their tenure was just for a month, ending on January 1, 1990.
On October 1, 1993, two additional Election Commissioners were appointed.
Since then, a multi-member Commission has been envisaged, with a majority vote serving as the basis for decision-making.
Note: In compliance with constitutional obligations, the Election Commission of India (EC) was founded on January 25, 1950 (Article 324). This day has been commemorated as "National Voters' Day" since 2011.
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The Indian Constitution's Part XV addresses elections and creates a commission to handle these issues. On January 25, 1950, the Election Commission was created under the Constitution. The constitution's Articles 324 to 329 address the commission's and member's authority, role, term, eligibility, and other matters.
Article | Description |
324 | An Election Commission will have oversight, guidance, and control over elections. |
325 | No one should be excluded from or assert that they are exempt from a special electoral roll based on a person's gender, race, religion, or caste. |
326 | Adult suffrage will be used for elections to the Legislative Assemblies of the States and the House of People. |
327 | Parliamentary authority to enact laws about legislature elections. |
328 | The ability of a state legislature to establish rules on legislative elections. |
329 | Prohibition on judges meddling in election disputes. |
The Election Commissioner Amendment Act of 1989 allowed the commission to expand from having only one election commissioner at the outset to having several members.
The following guidelines for the makeup of the electoral commission are provided under Article 324 of the Indian Constitution:
Constitutional Provision: Article 324
Composition: A Chief Election Commissioner and whatever many more Commissioners the President of India deems necessary. Currently, there are two election commissioners and the chief election commissioner.
Appointment: On the advice of a three-person Selection Committee that included the Leader of the Opposition (LoP) in the Lok Sabha, the Prime Minister of India, and a Union Minister recommended by the Prime Minister, the President of India made the decision.
Chief Election Commissioner: When additional election commissioners are appointed, the Chief Election Commissioner serves as the group's chairman.
Tenure: Until they become 65 years old, or six years, whichever comes first.
Removal: The Chief Election Commissioner may be dismissed under the same circumstances and with the same tools as a Supreme Court judge. The Chief Election Commissioner may recommend the removal of other Election Commissioners.
Resignation: Can submit a letter of resignation to the Indian President.
Post-Tenure Appointment: Qualified to be appointed again by the Union Government.
Duties and Powers: Authority to oversee, guide, and manage elections for the State Legislatures, the Indian President, and the Indian Vice-President.
Equal Status and Remuneration: The Chief Election Commissioner and the other two Election Commissioners have the same position and are entitled to the same benefits and remuneration as Indian Supreme Court judges.
Collective Decision-Making Authority: As a collective body, the Chief Election Commissioners and the two Election Commissioners have equal authority to make all election-related decisions.
Resolution of Differences: The Commission decides a subject by majority if the Chief Election Commissioner and/or two other election commissioners cannot agree on anything.
Three categories may be used to categorise the Election Commission of India's powers and functions, as will be outlined below:
Identify the electoral constituencies' geographical boundaries.
Edit and update the voter lists.
Send out schedules and dates, and carefully review the nomination forms.
Allocate emblems to political parties and recognise them as national or state parties.
Ask the governor or the president for assistance.
Oversee apparatus to guarantee impartial and unhindered elections.
The President is advised by the ECI to disqualify Members of Parliament.
Additionally, it provides the governor with advice about the disqualification of legislative assembly and legislative council members.
Gives presidents advice on how to hold elections in the state in which they are in power.
In resolving conflicts between political parties, it serves as a court.
It designates officials to investigate election preparations.
By releasing specific standards, it establishes a model code of behaviour for politicians and political parties.
The amount that political parties are allowed to spend on election campaigns is capped by ECI.
In the event that the Reading Booth records violence or other irregularities during the election process, it has the ability to nullify the results.
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Sr. no | Chief Election Commissioners | Duration |
1 | Sukumar Sen | 1950-1958 |
2 | K. V. K. Sundaram | 1958-1967 |
3 | S. P. Sen Verma | 1967-1972 |
4 | Dr. Nagendra Singh | 1972-1973 |
5 | T. Swaminathan | 1973-1977 |
6 | S. L. Shakdhar | 1977-1982 |
7 | R. K. Trivedi | 1982-1985 |
8 | R. V. S. Peri Sastri | 1986-1990 |
9 | V. S. Ramadevi | 1990 |
10 | T. N. Seshan | 1990-1996 |
11. | M. S. Gill | 19960-2001 |
12 | J. M. Lyngdoh | 2001-2004 |
13 | T. S. Krishnamurthy | 2004-2005 |
14 | B. B. Tandon | 2005-2006 |
15 | N. Gopalaswami | 2006-2009 |
16 | Navin Chawla | 2009-2010 |
17 | S. Y. Quraishi | 2010-2012 |
18 | V. S. Sampath | 2012-2015 |
19 | H. S. Brahma | 2015 |
20 | Dr. Nasim Zaidi | 2015-2017 |
21 | Achal Kumar Jyoti | 2017- 2018 |
22 | Om Prakash Rawat | 2018 |
23 | Sunil Arora | 2018-2021 |
24 | Sushil Chandra | 2021-2022 |
25 | Rajiv Kumar | 2022-2025 |
Since 1952, the Election Commission has conducted state and national elections with great success. These days, it actively works to guarantee increased public engagement.
By threatening to withhold recognition if the political parties failed to uphold intra-party democracy, the Commission has imposed discipline on them.
It upholds the principles of the Constitution, including independence, impartiality, equality, and equity, as well as the rule of law in terms of oversight, management, and control over electoral governance.
Elections with the greatest standards of legitimacy, equity, accountability, openness, integrity, autonomy, and professionalism are made possible with the assistance of ECI.
It guarantees that all eligible individuals participate in the electoral process in a setting that is inclusive, voter-centric, and friendly to voters.
In order to promote the election process, the Indian Election Commission interacts with political parties and other interested parties.
To improve and fortify confidence and trust in this nation's electoral system, it raises understanding of the electoral governance and process among stakeholders, including political parties, voters, election workers, candidates, and the general public.
The requirements outlined in Article 324 of the Indian Constitution are intended to guarantee the unbiased and independent operation of the Election Commission of India (ECI). The following illustrates which one is the most significant:
The tenure security of the Chief Election Commissioner (CEC) is granted. He or she may only be removed in accordance with the procedures and grounds specified by the Constitution.
Even though a Regional Commissioner or other Election Commissioners' security of tenure is not guaranteed by the Constitution, they are unable to be removed from office absent the CEC's recommendation.
Following their appointment, the Chief Election Commissioner and the other Election Commissioners' service terms cannot be changed to their detriment.
Below given are the landmark cases that influenced the Indian Electoral System.
In January 2015, Anoop Baranwal filed a Public Interest Litigation (PIL) claiming that the existing procedure for selecting the CEC and election commissioners is unlawful. Such nominations to the Election Commission of India (ECI) are made by the President on the Prime Minister's recommendation, despite the fact that Article 324 expressly mandates that the Parliament draft a pertinent law.
The petitioner argued that a just, equitable, and transparent selection process must be used to select the members of the Election Commission. This case was joined with a few comparable petitions filed by Ashwani Kumar Upadhyay and the Association for Democratic Reforms, among others, and determined collectively.
A five-judge bench of the Supreme Court (SC) unanimously ruled that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha and Chief Justice of India (CJI). The head of the opposition party with the most members in the Lok Sabha shall be a member of this committee if there isn't a leader of the opposition available.
In response to the Supreme Court's 2023 order in the Anoop Baranwal v. Union of India case, the Parliament approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) statute, 1991 is superseded by this statute.
It outlines the processes for selecting, paying, and dismissing Election Commissioners (ECs) and the Chief Election Commissioner (CEC).
The President will appoint the CEC and ECs based on the Selection Committee's proposal.
The Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition/leader of the biggest opposition party in the Lok Sabha shall make up the Selection Committee.
Even in the event that this Committee has a vacancy, the recommendations made by the Selection Committee will remain in effect.
A group of names will be recommended to the Selection Committee by the Search Committee, which is led by the Cabinet Secretary.
Possessing (or having had) a position comparable to that of Secretary to the central government makes one eligible for the positions.
The CEC and ECs will have the same pay and working conditions as the Cabinet Secretary.
It was the same as a Supreme Court judge's remuneration under the 1991 Act.
Democracy is based on elections, and the validity of the elections depends on the ECI. Nearly all of the tasks necessary to guarantee a free and fair election in the nation are within the purview of the Indian Election Commission. The electoral commission is now the foundation of a genuine democracy. It oversees the elections for the state legislature, the parliament, and the positions of President and Vice-President.
On May 15, 2022, Sh. Rajiv Kumar, an Election Commissioner with the ECI since September 1, 2020, assumed leadership as the organization's 25th Chief Election Commissioner.
With the authority granted by the constitution, the Election Commission of India is tasked with holding free and fair elections for the national, state, and local legislatures as well as the offices of the president and vice president.
Article 324: An Election Commission will have supervision, guidance, and control over elections.
Election Commissioners and the Chief Election Commissioner are appointed by the President. Their term of office is for six years, or until they become sixty-five, whichever comes first.
V. S. Ramadevi, an Indian politician who lived from 15 January 1934 to 17 April 2013, was the first woman to hold the positions of Chief Election Commissioner of India (9th) and Eighth Governor of Karnataka (8th) between 26 November and 11 December 1990. She was India's first female chief electoral commissioner.
The ECI consists of a Chief Election Commissioner and two Election Commissioners. They are appointed by the President of India and have equal powers. The commission works as a collective body, making decisions by majority vote when there's a difference of opinion.
The ECI implements various initiatives to increase women's participation, including separate queues for women voters, all-women managed polling stations, targeted awareness campaigns, and collaboration with women's organizations. It also encourages political parties to field more women candidates.
The ECI implements strict data protection measures for voter information, including encryption and access controls. It also issues guidelines on the use of voter data by political parties and takes action against unauthorized access or misuse of voter information.
During health emergencies like the COVID-19 pandemic, the ECI implements special measures such as extended polling hours, health protocols at polling stations, postal ballot options for vulnerable groups, and restrictions on campaign gatherings. It also issues guidelines for safe campaigning and voting.
The ECI has strict protocols for postal voting, including secure distribution and collection of ballots, verification of voter identity, and transparent counting procedures. It also monitors the process closely to prevent any misuse or manipulation of postal votes.
The ECI has set up Media Certification and Monitoring Committees (MCMCs) at district and state levels to identify instances of paid news. It can issue notices to candidates and media outlets, include the cost of paid news in the candidate's election expenses, and refer cases to the Press Council of India for action.
The ECI prohibits the publication of exit polls until the last phase of voting is completed in multi-phase elections. It also issues guidelines for conducting and publishing opinion polls, requiring disclosure of sample size, margin of error, and other methodological details to ensure transparency.
Currently, NRIs can vote only by physically coming to their constituencies. The ECI has proposed allowing proxy voting and e-postal ballots for NRIs. It's working on developing secure systems for online voting while addressing concerns about privacy and the integrity of the voting process.
The ECI requires candidates to disclose their criminal antecedents in their nomination papers and through media publications. It has also recommended to the government and Supreme Court various measures to curb criminalization, including disqualification of candidates charged with serious offenses.
The ECI has developed a voluntary code of ethics for social media platforms, which includes measures like a dedicated grievance channel, pre-certification of political advertisements, and transparency in political advertising. It also monitors social media for violations of the Model Code of Conduct.
The ECI's power to recognize political parties ensures that only legitimate organizations participate in elections. This helps maintain order in the electoral process, prevents the misuse of party symbols, and allows for the fair allocation of benefits like free airtime on public broadcasters during elections.
The ECI has embraced technology to improve election management. This includes the use of Electronic Voting Machines (EVMs), Voter Verifiable Paper Audit Trail (VVPAT) systems, computerized electoral rolls, and various IT applications for result transmission and dissemination.
While the Delimitation Commission is responsible for redrawing constituency boundaries, the Election Commission plays a crucial advisory role in this process. It provides technical and administrative support, ensuring that delimitation is carried out fairly and in accordance with constitutional provisions.
The ECI has implemented various measures to make elections more accessible, including providing ramps at polling stations, Braille-enabled EVMs, priority voting for persons with disabilities, and allowing companions for visually impaired voters. The commission also conducts awareness programs targeting this demographic.
The ECI works closely with various government agencies to conduct elections smoothly. This includes coordinating with law enforcement for security, collaborating with the media for information dissemination, and partnering with educational institutions for voter awareness programs.
The ECI's independence is ensured through constitutional provisions. The Chief Election Commissioner can only be removed through impeachment, similar to a Supreme Court judge. The Election Commissioners have security of tenure and their salaries and allowances are charged to the Consolidated Fund of India.
This power allows the ECI to maintain the integrity of the electoral process in extraordinary circumstances. It can be used in cases of natural disasters, civil unrest, or when there's clear evidence of widespread malpractice that could compromise the fairness of the election.
The ECI has the power to transfer or suspend officials who may influence the election process unfairly. It also issues guidelines on the conduct of government servants during elections and monitors their actions to prevent any misuse of official position for electoral gains.
The ECI implements multiple security measures for EVMs, including tamper-proof sealing, random allocation to polling stations, mock polls before actual voting, and post-election audits. The commission also allows for EVM demonstrations to political parties and conducts awareness programs to build public trust.
The ECI adopts special measures for conflict zones, including increased security deployment, flexible voting hours, creation of auxiliary polling stations, and, in extreme cases, the use of postal ballots or proxy voting. It also conducts thorough risk assessments before finalizing election schedules in such areas.
NOTA stands for "None of the Above." It was introduced by the ECI in 2013 as an option on voting machines and ballot papers. NOTA allows voters to express their dissatisfaction with all candidates, promoting greater participation and democratic choice.
The ECI deploys central security forces, conducts vulnerability mapping of sensitive areas, uses webcasting in critical polling stations, and implements micro-observers in high-risk zones. It also has the power to order re-polls if it receives credible reports of voter intimidation or booth capturing.
The ECI sets and enforces rules on campaign expenditure limits, monitors candidates' spending, and requires them to submit detailed accounts. It also regulates political donations, including the oversight of electoral bonds, to ensure transparency and prevent undue influence in elections.
The ECI has a robust mechanism to address complaints. It sets up control rooms and complaint monitoring cells, deploys flying squads and static surveillance teams, and takes prompt action on verified complaints. The commission can issue warnings, impose fines, or even cancel candidatures in severe cases.
The ECI maintains voting secrecy through various measures, including the design of voting compartments, strict rules against photography inside polling booths, and the use of EVMs that do not display running vote totals. It also educates voters about their right to secret ballots.
The ECI's primary functions include conducting free and fair elections, preparing and maintaining electoral rolls, recognizing political parties, allotting election symbols, setting the election schedule, implementing the Model Code of Conduct, and addressing election-related disputes.
The ECI is responsible for preparing and maintaining electoral rolls. It conducts regular revisions of voter lists, allows for continuous updating of voter information, and implements various measures to ensure accurate and up-to-date voter registration.
The Model Code of Conduct is a set of guidelines issued by the Election Commission to regulate political parties and candidates during elections. It aims to ensure free and fair elections by preventing unfair practices and maintaining a level playing field for all parties.
The Model Code of Conduct comes into force immediately after the announcement of the election schedule by the Election Commission. It remains in effect until the election process is completed.
The ECI conducts various voter awareness programs, including the Systematic Voters' Education and Electoral Participation (SVEEP) program. These initiatives aim to increase voter turnout, educate citizens about their voting rights, and promote informed participation in the electoral process.
The Election Commission of India is an autonomous constitutional body responsible for administering election processes in India. It oversees and conducts elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and offices of the President and Vice-President of India.
The ECI conducts extensive voter education programs through its SVEEP initiative. This includes awareness campaigns, educational materials, partnerships with educational institutions, and the use of media and technology to reach diverse voter groups, especially first-time voters and marginalized communities.
The ECI is developing guidelines to regulate the use of AI in elections, including measures to prevent deep fakes and AI-generated misinformation. It's also exploring the potential of AI for improving election management while ensuring transparency and fairness.
The ECI acts as a central coordinating body during national elections, ensuring uniformity in the application of electoral laws and procedures across states. It facilitates information sharing, resource allocation, and addresses cross-border issues to ensure smooth conduct of elections nationwide.
The ECI strictly prohibits the use of religion for electoral gains under the Model Code of Conduct. It monitors speeches, campaign materials, and media reports for violations, and can take action against candidates or parties making overt religious appeals.
The ECI has established partnerships with social media platforms to quickly identify and remove false information. It also runs fact-checking initiatives, conducts media literacy programs, and has the power to take action against candidates or parties found spreading deliberate misinformation.
The ECI has introduced guidelines for eco-friendly elections, including the use of biodegradable materials for campaign purposes, restrictions on plastic use, and promoting digital campaigning. It also encourages the recycling of election materials and the use of energy-efficient equipment at polling stations.
The ECI employs multiple layers of security for its IT systems, including encryption, access controls, and regular security audits. It also collaborates with cybersecurity agencies to protect against potential threats and has established a cyber expert group to advise on emerging challenges.
To combat urban voter apathy, the ECI implements targeted awareness campaigns, collaborates with urban influencers and celebrities, promotes workplace voting awareness, and uses social media extensively. It also focuses on making the voting process more convenient in urban areas through measures like online services and special drives.
The ECI issues strict guidelines to maintain the political neutrality of armed forces personnel. This includes restrictions on political activities, regulations on postal ballots for service voters, and ensuring that transfers of armed forces personnel do not unduly influence local elections.
The ECI has taken steps to include transgender voters by allowing them to register under the "Other" category, conducting special awareness programs, and sensitizing polling staff. It also works to ensure that transgender voters can exercise their franchise without discrimination.
The ECI implements targeted interventions in low turnout areas, including intensive awareness campaigns, collaboration with local influencers, and addressing specific barriers to voting. It also analyzes reasons for low turnout and designs tailored strategies to increase participation.
The ECI works with law enforcement agencies to provide security to election officials, especially in sensitive areas. It also has the power to order central forces for the protection of officials and can take strict action against any intimidation or attacks on election personnel.
The ECI conducts awareness programs on ethical voting, emphasizing the importance of informed and unbiased decision-making. It also works to combat practices like vote-buying through strict enforcement and voter education initiatives.
For remote areas, the ECI employs measures like mobile polling stations, helicopter services for transporting election materials, and extended polling periods. It also makes special arrangements for nomadic tribes and other hard-to-reach communities to ensure their participation.
The ECI issues detailed guidelines prohibiting the use of government resources for campaign purposes. This includes restrictions on using official vehicles, government accommodations for campaigning, and ensuring that government-funded advertising doesn't provide undue advantage to the ruling party.
The ECI conducts targeted youth engagement programs, including campus ambassadors, youth parliaments, and digital outreach initiatives. It also focuses on simplifying voter registration for first-time voters and collaborates with educational institutions to promote electoral literacy.
The ECI conducts regular revisions of electoral rolls, implements door-to-door verification, and uses technology for de-duplication and error correction. It also allows for continuous updating of voter information and encourages public participation in the verification process.
The ECI employs various measures to prevent fake voters, including biometric verification, linking voter IDs with Aadhaar (voluntarily), and using IT tools to detect duplicate entries. It also conducts regular purification drives and allows for public scrutiny of voter lists.
The ECI has established the India International Institute of Democracy and Election Management (IIIDEM) to promote research and training in election management. It also collaborates with academic institutions, conducts studies on electoral practices, and encourages innovations to improve the election process.
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