Election Commission of India- The Body Autonomy of Indian Law

Introduction

The Election Commission of India is a distinct legal entity that came in place with the binding with the Constitution on January 25, 1950, which is also celebrated as National Voters Day. It stands as one of India’s primary and enduring constitutional bodies. The crucial and extensive obligations and duties of the Election Commission perceives implementing the procedures of Union and State elections in India. The Commission sustains that all election-related activities and elements are in thorough compliance with the essential and necessary legal provisions and adhere to the foreseen rules and regulations. Its mandate includes supervising, directing, and administering all aspects of the electoral process under the constitution.

The ECI consists of the three main bodies that is responsible for the all the exhaustive functions conducted by them. These bodies helps in hovering, regulating, leading, controlling, appointing with the compliance of the Indian Constitution and to meet the goals that need to be conducted by ECI. The Commission’s roles and authorities regarding elections for the President, Vice President, state legislators, and Parliament are categorised into three primary groups:

Advisory: The Election Commission of India plays a crucial role in advising and consulting the government on electoral processes, rules, regulations, laws, and practices related to elections. It advises on electoral reforms and voter education initiatives. The government is dependent and co extensive with the Commission to generate conformity and surety that elections are conducted impartially, truthfully, without any bias and in accordance with the law.
Administrative: In its administrative capacity, the Commission is responsible for overseeing, regulating, controlling, and managing elections at various levels, including National, State, and Local elections. It ensures that the electoral process operates smoothly, covering voter registration, counting and registering of the votes, arrangements for polling purposes of the elections , and candidate nominations. Additionally, the Commission is tasked with deploying resources and personnel to effectively carry out all election-related activities.
Quasi-Judicial: The ECI has quasi-judicial powers to resolve disputes and grievances related to any violations and non compliance with the elections and its rules, breaches of the universal code of conduct that needs to be followed in the election processes and electoral laws. It conducts inquiries, reviews appeals, and issues decisions or guidelines to ensure compliance with electoral standards and the integrity of the voting system.

POWERS OF ECI

The authority to underline and describe the territorial boundaries for territorial constituencies within India, in accordance with the Delimitation Commission Act of India.
Assigning acknowledgment to all the political parties and allocating electoral symbols to provide distinct authentication for each party.
The power to designate officers to examine and settles disputes related to electoral measures.
Issuing a statement of a code of conduct that is necessary and guidelines that must be succeeded by all enrolled political parties and contender through elections.
Formulating strategies to promote the catalogue and objectives of political parties beyond multiple media and entertainment platforms for public viewership.
Announcing election timelines and dates for commencement of elections, and probing of candidate documentation to make certain compliance with legal prerequisites .
Counselling and facilitating the President and State Governors on matters related to the deferral of any Member of Parliament.
Seeking approval from the Governor or President to requisition assigned election staff for conducting elections.
Authority to dissect essential electoral equipment and machinery throughout India to verify free and fair elections.
Registering political parties and granting them national or state party status based on their election performance.
Providing assistance the President in matters related to the imposition of President’s rule and evaluating whether elections can be conducted in the state or if the emergency period should be extended beyond a year.
The ECI is responsible for registering political parties under the Registration of the People Act, 1951. Parties that meet all the criteria set by the ECI are registered under the Act and allocated a symbol.

FUNCTIONS OF ECI

The Election Commission of India (ECI) oversees the democratic process in India. Its main objective is the management of elections for appointment of legislative officials in Parliament, State Legislatures, President and Vice-President of India.

It is responsible for determining the timing of both regular and special elections, ensuring they are conducted in compliance with the established schedule.
The Election Commission of India (ECI) organises and manages logistical details such as the locations of polling stations, voter assignments, and counting centre’s.
It issues Electronic Photo Identity Cards (EPIC) to eligible voters in accordance with voter rules, legalities, and guidelines for document submission.
The Commission grants recognition to political parties, assigns election symbols, and resolves disputes related to party recognition and symbol allocation.
It sets limits on campaign expenditures per candidate and monitors compliance during election campaigns.
The ECI advises on post-election matters, including the disqualification of elected officials.
It issues the Model Code of Conduct, providing guidelines to political parties and candidates to ensure fairness and prevent the misuse of power during elections.
The Commission grants recognition to political parties, assigns them election symbols, and resolves disputes related to party recognition and symbol allocation.
It sets limits on campaign expenditures per candidate and monitors compliance during election campaigns.

Composition

Article 324 of the Indian Constitution composites the provisions regarding the composition of the officials of the ECI.

Article 324 of the Indian Constitution provides the legal basis for the establishment and operation of the Election Commission, empowering it to uphold democratic principles through impartial and efficient election management.
The Commission is headed by a Chief Election Commissioner (CEC), appointed by the President, with additional Election Commissioners appointed as necessary.
The President may also appoint Regional Commissioners to assist the Commission, in consultation with its members.
The tenure and duties of these officials are ensured by the President.
The headquarters of the Election Commission of India (ECI) is located in New Delhi.
The ECI’s secretariat is also situated in New Delhi.
At the state level, the Chief Electoral Officer, a senior IAS officer, assists the Commission.
The President appoints both the Chief Election Commissioner and the other Election Commissioners.
Their tenure is six years or until they reach the age of 65, whichever is earlier.
They enjoy the same status, salary, and benefits as the Judges of the Supreme Court of India.
The Chief Election Commissioner can be removed through a parliamentary process similar to the procedure for removing a Supreme Court judge.

Autonomy Of ECI

Impartiality- The autonomy ensures that it can act independently and impartiality in conducting elections. It is one of the most duties of ECI to assure that the whole process of elections is done without any cause of impartiality or unfairness.
Transparency- the process of elections are required to be transparent and open to the eye of the public with the objective to prevent any suspicion of bias or manipulation in the electoral process,
Accountability- It is crucial in ensuring that the commission operates in the best interest of the public and upholds democratic principles. The commission needs to perform its activities in complete accordance and abidance with the constitution.
Confidence in the electoral process- It is very important for the people of the country to participate their votes in elections for a fair and diligent choice of government. It is pertinent for the people to have faith in the elections and trust that the outcomes of their votes are fair and transparent. Hence, unbiased elections increases participation in the democratic process.
Protection against political interference- Avoiding political interference ensures legal and compliance.

Criticisms

Over the years, the Election Commission of India (ECI) has been within condemnation concerning a number of factors, most notably for its reliability and neutrality. Its purported skepticism to the benefit of the majority party during elections is one of the main critiques. The opponents contend that although the ECI enforced stringent actions against opposition parties, it has at times demonstrated abstinence towards contraventions by the ruling party. This suspected bias carries the capacity to weaken voter trust in the electoral system. The way the ECI administered the Model Code of Conduct (MCC) is a further issue of concern. Doubts surrounding the prompt regulation of election laws have been highlighted by the ECI’s alleged track record of resolving inadequately to MCC irregularities. Furthermore, the ECI’s judgments on particular issues have often been perceived as ambiguous, sparking questions regarding the proper application of the rules of conduct.

Critics have also pointed to the process that certain organisational aspects, such as the preciseness of election lists, are dealt with. Illustrations of voter list peculiarities, like the incorporation of deceased people or exclusion of qualified voters, have been recognized as substantial issues. Election integrity may be adversely affected by such errors if they encourage fraudulent polling or deprive citizens of their right to vote. Moreover, there have been questions as to ECI’s governance processes’ clarity. Critics argue that governing procedures ought to be more transparent, specifically when relating to the placement of security personnel and the timing of elections. The possibility of discrimination or deception can stem from lack of clarity or the absence of an adequate rationale for particular conclusions. Lastly, the ECI has recently come under scrutiny for its approach to how it conducted the online campaigns and digital platforms.

Statutory Provisions

Part XV of the Indian Constitution encompasses the matter of elections and institutes a commission for supervising these processes. The Election Commission first came into existence under the Constitution on January 25, 1950. Articles 324-329 articulate the commission’s dominance, obligations, period of time, and member qualifications.

Article 324 grants the Election Commission the authority to supervise, direct, and control elections.
Article 325 stipulates that no individual shall be excluded from or given a special status in the electoral rolls based on race, color, religion, caste, or gender.
Article 326 prescribes that elections to the House of the People and State Legislative Assemblies be conducted through adult suffrage.
Article 327 empowers Parliament to create laws and regulations concerning elections to the legislatures.
Article 328 enables state legislatures to enact laws regarding elections within their jurisdiction.
Article 329 prohibits judicial interference in electoral disputes.

Additionally, Article 324 encompasses the powers to conduct free and fair elections, including the power to enforce the Model Code of Conduct and address violations thereof. Furthermore, Articles 329A and 329B specify the procedures for addressing election disputes, ensuring that they are resolved by designated authorities, maintaining the integrity and impartiality of the electoral process.

Case Law-

PETITIONER:

ELECTION COMMISSION OF INDIA

Vs.

RESPONDENT:

SAKA VENKATA SUBBA RAOUNION OF INDIA-Intervener.

Facts of the case

The Sessions Judge of East Godavari condemned Shri Saka Venkata Rao to seven years’ grave imprisonment in 1942. He was liberated on August 15, 1947, amid the Independence Day commemoration. In June 1952, he was appointed to the Madras Legislative Assembly in a supplementary election for the Kakinada constituency. As July 3, 1952, an argument was put forward before the Assembly pertaining to whether or not Rao’s previous criminal record exempted him from candidacy. The Speaker passed on the matter to the Governor of Madras, who solicited the Election Commission’s perceptions according to Article 192(2) of the Constitution.

As August 21, 1952, the election commission examined the matter. Upon the subsequent day, Rao petitioned the Madras High Court under Article 226, contending that Article 192 was solely enforceable against extended only to eliminations which took place following the election, instead of those that prevailed earlier. An independent judge of the Madras High Court concurred with Rao, locating that Article 192 referred primarily to disqualifications that occurred post the election had taken place, indicating that the Election Commission lacked authority & oversight for jurisdiction on the aggrieved matter.

Issues
The Election Commission challenged the conclusion to the Supreme Court. The Supreme Court established the High Court’s verdict, declaring that Articles 192 and 190(3) are limited to disqualifications arising shortly after the election.

Concerning the structure of the appellate process, the Supreme Court pointed out that arguments relating to interpreting the constitution could potentially be restored whether there were multiple or one judges involved. Article 133(3) fails to restrict appeals on the rationale of the total amount of judges.

Judgement

High Court Judgement: Subba Rao, J., evaluated the motion and dismissed the original concerns, presiding that Article 192, when correctly comprehended, exclusively applies to disqualifications accruing shortly after an election. He concluded that the Commission lacked competence concerning the respondent’s a forfeiture, which prevailed prior to the election. So the outcome, he issued a writ preventing the Commission from resuming the investigation into the problem that had been given it by the Governor under Article 192. However, the Judge awarded a Certificate under Article 132, uncovering that the case posed notable constitutional challenges. As a result, the Commission submitted this appeal.

Supreme Court Judgement

It was contended that if Articles 190(3) and 192(1) were only applicable to disqualifications incurred after a member’s election, there would be no opportunity to expel a member whose disqualification originated between nomination and election. Such disqualifications cannot be brought by a election petition under Article 329 of the Constitution and Section 100 of the Representation of the People Act of 1951. If this conveys a discrepancy, it is the result of an anomaly in the previous laws which would have potentially fixed the issue in question, thus it is insufficient to argue against the respondent’s interpretation of the constitutional constraints. Following the Attorney-General’s contention, nonetheless, might end up in divergent conclusions by the Governor under Article 192 and the Election Tribunal under Section 100 of CPC.

Conclusion

The Election Commission of India (ECI) is the independent body responsible for overseeing and managing elections in India. It ensures that elections are conducted fairly, transparently, and impartially. With its role in administering the electoral process, from voter registration to the declaration of results, the ECI is crucial in upholding the integrity of India’s democratic system.

References

https://byjus.com/free-ias-prep/election-commission-of-india/

https://www.jagranjosh.com/general-knowledge/election-commission-of-india-composition-tenure-and-functions-1437133456-1

https://en.m.wikipedia.org/wiki/Model_Code_of_Conduct

https://testbook.com/ias-preparation/delimitation-commission

Authored By: Adithi Madhusudan Kamath D.M.Harish School Of Law (BBA.LLB)

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