Abstract
The Election Commission of India (ECI) occupies a constitutional position as the guardian of democratic legitimacy through the conduct of free and fair elections. This research paper examines the multifaceted role of the Election Commission in India’s democratic governance framework, with particular emphasis on electoral crimes—specifically white-collar crimes within the electoral context. Drawing on constitutional jurisprudence, statutory frameworks, and recent institutional developments, this paper argues that the credibility of electoral processes depends fundamentally on institutional independence, transparency, and accountability mechanisms. The paper analyzes electoral crimes under both the Indian Penal Code (IPC), the Bharatiya Nyaya Sanhita, 2023 and the Representation of the People Act, 1951 (RP Act), with focused examination of white-collar electoral offences including political financing manipulation, electoral fraud, and institutional misconduct. The paper concludes that strengthening verification mechanisms, enhancing transparency in political funding, ensuring institutional independence of Election Commissioners, and implementing comprehensive data auditing are essential to preserve democratic legitimacy and public trust in India’s electoral system.
Keywords: Election Commission, Electoral crimes, White-collar crime, Political financing, Electoral transparency, Democratic accountability, Indian elections
1. Introduction
1.1 Background and Context
In a constitutional democracy, the legitimacy of governance flows from the will of the people, expressed through periodic, free, and fair elections.[1] The Election Commission of India functions as the institutional mechanism through which this democratic choice is converted into representative government. By conducting elections, enabling citizens to vote freely, and ensuring that elected representatives reflect the popular mandate, the Commission plays a decisive role in shaping legislative and executive authority for public welfare.[2]
The Indian Constitution, under Article 324, vests the superintendence, direction, and control of elections in the Election Commission.[3] This constitutional position is not merely administrative; it represents a fundamental institutional trust to protect the integrity of democratic processes. However, the effectiveness of this role depends critically on the Commission’s independence, transparency, and accountability.
[1] Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford University Press, 1999).
[2] See Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461 (establishing electoral processes and democratic participation as features of the basic structure of the Constitution).
[3] Constitution of India, Article 324: “There shall be a Commission called the Election Commission of India consisting of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix.”