ABSTRACT
The holding of free and fair elections is a sine qua non of democracy. However the recent changes to legislation in India casts concern on the extent to which they are consistent with the constitution. This research paper critically examines the legislative and constitutional framework of an independent constitutional body the Election Commission of India (ECI),tasked with ensuring electoral integrity. The study interrogates whether recent amendments to the Chief Election Commissioner and other Election Commissioners (Appointment, Condition of Service, and Term of Office) Bill, 2023’s appointment procedure for Election Commissioners uphold democratic values or introduce constitutional loopholes employing doctrinal and explanatory research methodologies.
The study traces the trajectory of the ECI from a single-member body to its contemporary multi-member form, highlighting important turning points such the advent of postal voting systems, Voter-Verified study Audit Trails (VVPATs), and Electronic Voting Machines (EVMs). It reviews substantial pieces of legislation that defines India’s election procedures, such as the Representation of the People Act, 1951, and constitutional clauses contained in Articles 324 to 329A. The study further investigates Election Commissioners’ appointment, tenure, removal procedures, and duties, underscoring their administrative, advisory, and quasi-judicial roles in maintaining the integrity of elections.
Through an analytical lens, this study utilizes a framework to assess whether recent legislative alterations align with constitutionalism, an ideology that ensures judicialgovernance within legal bounds and curbs the scope of power. For the purpose of examining their effectiveness in operationalizing democratic elections, it also looks at subordinate electoral apparatus, such as Chief Electoral Officers and Deputy Election Commissioners.
In conclusion, this study emphasizes the pivotal role the ECI plays in safeguarding democratic resilience in India while posing significant questions as to how to maintain electoral integrity while striking the right balance between constitutional ideals and legislative advancements offering pathways for strengthening electoral mechanisms. These outcomes have been intended to support the ongoing debate on bolstering India’s democratic system through robust electoral procedures.
Keywords: Election Commission of India (ECI), Electoral Integrity, Legislative Reforms, Constitutionalism, Free and Fair Elections
INTRODUCTION
India regained its autonomy for British rule on 15th of August,1947. The British rule ceased to exist and The Constitution inured as on 26th of January,1950. The Constitution, a supreme, fundamental law of the land which incorporates a set of principles and rules through which the country is governed. The Indian Constitution is the longest and the lengthiest written constitution in the world which consists of 395 Articles in 22 Parts with 12 schedules and various chapters. The term “constitution” refers to the statutory structure that governs the interactions between the executive, legislative, and judicial branches of government in addition to between the nation’s citizens. It encompasses the legitimacy, duties, composition, obligations, and the rights and privileges of these organs alongside the nexus between the governing body and the people. But does the constitution by itself, nevertheless, meet the specifications of contemporary liberal democracies? The term “constitutionalism” has grown of greater importance in contemporary democracies. We could at times employ the terms Constitutionalism and constitution interchangeably. Does the mere existence of a constitution imply that the nation in question also adheres to the constitutionalism ideology? It should be recognized that constitutionalism as an ideology and the constitution itself are entirely distinct! When a constitution is impounded from a constitutionalism perspective, it guarantees that there does not exist arbitrary use of power or injustice in the area. The constitution establishes and regulates the competence of the government by restricting their legislative dominion for smooth functioning and governance. The cornerstone of the polity is the hegemony of law. The constitution becomes the guardian of citizens’ rights and dignity.
As guaranteed in the constitution under Article 326[1] The Right to Vote is a constitutional right. It is the foundation of our democracy as it empowers citizens a say in who runs their country and how. Voting assures that all people’ opinions are heard while also ensuring their interests are reflected in the government, rendering it both a right and a duty. Voting is an innate human right, not merely a privilege. The 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights provided protection for it. Since India is an electoral republic, citizens are liberated to form political parties. In order for them to form the government of the nation, the populace must choose representatives from among the many political parties that the Election Commission recognises. Elections are a legal cluster decision-making process that the people use to choose a candidate for public office. Since the 17th century, elections have been the predominant method used by modern representative democracy. They can fill positions in the legislature, occasionally in the executive and judiciary, and for regional and local government. This process is also used in many other private and business official domains, ranging from clubs to charities and corporations. Part XV of the Constitution from Article 324 to 329 deals with the processes related to Elections in India.
Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex.
Article 326: Elections to the Lok Sabha and Legislative Assemblies of States to be on the basis of adult suffrage.
Article 327: Power of Parliament to make provision with respect to elections to legislature. Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
Article 329: Bar to interference by courts in electoral matters.
Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker [2]
[1]Ind. Const. art. § 326.
[2]Law & Justice 2.pmd, (Jan. 7, 2009), https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf.