Why in the news
This is an explainer on the Election Commission of India, the constitutional body that runs free and fair elections, covering its structure, powers, independence and challenges.
Key facts
- The ECI is permanent, independent and all-India, serving both the Centre and the states.
- It controls elections to Parliament, state legislatures, the President and the Vice-President, but not Panchayat and Municipality polls, which belong to State Election Commissions.
- Article 324 covers its composition, appointment, service conditions and powers.
- It has a Chief Election Commissioner (CEC) and as many Election Commissioners (ECs) as the President fixes; the CEC chairs it.
- The President may also appoint Regional Commissioners after consulting the ECI.
- Disagreements among the CEC and ECs are settled by majority; the CEC and two ECs have equal powers and perquisites, similar to a Supreme Court judge’s pay and allowances.
Appointment, term and removal
| Aspect | Position |
|---|
| Appointment (2023 Act) | By the President on the advice of a committee: Prime Minister, a Union Minister nominated by the PM, and the Leader of Opposition in Lok Sabha |
| Search Committee | Headed by the Cabinet Secretary; proposes five names, but the committee may consider others |
| Earlier practice | President acted on advice of the Union Council of Ministers |
| Term (1991 Act) | 6 years or age 65, whichever is earlier |
| Resignation | Anytime by writing to the President |
| Removal of CEC | Like a Supreme Court judge: special majority in both Houses on proved misbehaviour or incapacity |
| Removal of other ECs / Regional Commissioners | On the CEC’s recommendation |
Powers and functions
- Administrative: fixing constituency boundaries under the delimitation law, updating electoral rolls, announcing poll schedules, scrutinising nominations, recognising parties and allotting symbols, framing the Model Code of Conduct, cancelling polls over rigging or booth capturing, and seeking staff from the President or Governor.
- Advisory: advising the President or Governor on disqualification of legislators and advising whether polls can be held under President’s Rule.
- Quasi-judicial: settling disputes on party recognition and symbols, and appointing officers to inquire into election-arrangement disputes.
Assisting machinery
| Officer | Level and role |
|---|
| Deputy Election Commissioners | Drawn from civil services; supported by Secretaries, Joint, Deputy and Under Secretaries |
| Chief Electoral Officer | State level; named by the CEC after consulting the state government |
| District Returning Officer | District level; the Collector serves as DRO |
| Returning Officer | Appointed by the DRO for each constituency |
| Presiding Officer | Appointed by the DRO for each polling booth |
Independence
- Safeguards: the CEC has security of tenure; other ECs cannot be removed except on the CEC’s advice; service conditions cannot be altered to their disadvantage after appointment.
- Gaps: the Constitution fixes no qualifications, no term, does not bar changing service conditions and does not stop retiring members from getting later government posts.
- In Anoop Baranwal vs Union of India (2023) the Supreme Court directed that appointments follow advice from a panel of the Prime Minister, Leader of Opposition and Chief Justice of India, and that other ECs be removable on the same grounds as the CEC, subject to the CEC’s recommendation.
Concerns
- Political interference and pressure from interest groups.
- Limited power to enforce decisions and punish offenders.
- Fraud, intimidation and use of money and muscle power.
- Electoral violence, including attacks on polling booths.
- Technology risks such as EVM rigging.
- Disinformation, hate speech and fake news.
- Pending reforms on party funding and internal party democracy.
Constitutional articles on elections (Part XV)
| Article | Subject |
|---|
| 324 | Superintendence, direction and control of elections vested in the ECI |
| 325 | No exclusion from the general electoral roll on grounds of religion, race, caste or sex |
| 326 | Adult suffrage for Lok Sabha and Assembly polls |
| 327 | Parliament’s power to make election laws for legislatures |
| 328 | State Legislature’s power to make election laws for itself |
| 329 | Bar on court interference in electoral matters |
Way forward
- Voter education through social media, schools and outreach.
- Wider electoral reforms: campaign finance transparency and secure voting systems.
- Modernise EVMs, registration systems and polling facilities.
- Work with law enforcement on security and swift prosecution.
- Disclose election funding and spending; track violations.
- Share practices with international counterparts and talk to parties, civil society and media.
Exam angle
- Article 324 vests control of elections in the ECI.
- Local body polls: State Election Commission, not ECI.
- Anoop Baranwal case (2023) on selection panel.
- Term: 6 years or age 65.