Facts About the Election Commission of India

Constitutional Composition of the Election Commission of India

The structure and composition of the Election Commission of India are provided under Article 324 of the Constitution. The article provides a statutory basis regarding the appointment and functions of the members of the Commission. 

1. Appointment of Election Commissioners: Under the Constitution of India, the President of India is authorized to appoint a Chief Election Commissioner (CEC) and one or more Election Commissioners (EC). The CEC shall act as the Chairman of the Commission when more than one Election Commissioner is appointed. 

1. Appointment of Regional Commissioners: Along with the Chief Election Commissioner and one or more Election Commissioners, the President may appoint Regional Commissioners, in consultation with the Election Commission, to assist the Election Commission in performing its functions, in conjunction with the administrative functions of the Election Commission. 

Conditions of Service and Tenure 

The President, on the Constitution of India, is authorized to determine the tenure and conditions of service for the Chief Election Commissioner, Election Commissioners and Regional Commissioners where applicable. These conditions include:  

1. Salaries 

1. Allowances 

1. Leave 

1. All other incidental matters.  

This gives the President flexibility and accountability at the highest level of the state. 

Role of the Election Commission in the Indian Democracy 

The Election Commission of India has been prominent in safeguarding the honesty and credibility of the electoral process in India since its inception. It has been conducting elections to the Lok Sabha and State Legislative Assemblies from the installation of the Commission itself through to now, and seamlessly since the first general elections in 1952. 

1. Facilitating Voter Participation: Over the years, the Commission has successfully transitioned from a regulatory agency into a facilitator of democratic participation. The Commission successful facilitates elections but actively engages with citizens to promote stakeholder awareness and facilitate voter turnout. In particular, the Commission engages with first time voters, women, minorities and other under-served voting populations.  

1. Maintaining Internal Democracy: Additionally, the Commission has been responsible for maintaining discipline among political parties. The Commission has the authority to de-recognise political parties who do not maintain inner-party democracy, thereby promoting accountability structures within political parties.  

1. Commitment to Professional and Credible Elections: The Commission aims to design elections that are fair, open and credible. Through its standards of integrity, accountability, and independence, it provides professional electoral management while establishing credibility of elected governments at the state and national levels. 

1. Promoting Electoral Literacy: One of the Commission's most significant roles today is to promote awareness of the electoral process. The Commission implements electoral literacy campaigns aimed at voters, election officials, candidates, and the general public around the importance of free and fair elections, voting rights, and the importance of engaged citizens in building democracy. 

1. Upholding Constitutional Values: The election commission is a custodian of the values contained within the Constitution, and particularly of values associated with equality, equity, impartiality, and the rule of law. In its role of superintending, directing and controlling election processes, the Commission always includes these key values in every step of the electoral process. 

1. Enabling an Inclusive and Voter-Centric Process: An important objective of the Election Commission is to facilitate an inclusive voter process that empowers all citizens to participate in the democratic process. The Commission makes efforts to create a voter-centric process that includes accessible polling sites, voter education initiatives and grievance mechanisms. 

1. Engagement with Stakeholders: The Commission recognises the importance of stakeholder engagement with political parties, civil society, media, election observers, and voters in maintaining trust in the electoral process. Together, stakeholders are able to facilitate a successful election and remain informed participants in the process. 

Election Commission Timeline

1. The Election Commission of India was established on 25 January 1950 as a single-member body, consisting solely of the Chief Election Commissioner (CEC). 

1. Initially, the CEC was the only authority responsible for carrying out all the duties and responsibilities of the Commission. 

1. Over time, several changes in the electoral process, driven by reforms and evolving democratic needs, led to increased responsibilities for the Commission. 

1. A significant shift occurred in October 1989, when the voting age was reduced from 21 to 18 years, leading to a sharp rise in the number of eligible voters. 

1. To manage the resulting increase in workload and complexity, the President of India appointed two additional Election Commissioners, temporarily making the Commission a three-member body. 

1. However, in January 1990, this structure was reverted back to a single-member body, with the CEC once again acting as the sole authority. 

1. The multi-member format was reinstated in October 1993, and this structure has remained unchanged since then. 

1. At present, the Election Commission of India is composed of three members: One Chief Election Commissioner and Two Election Commissioners 

1. All three members hold equal status, powers, and responsibilities, and decisions within the Commission are taken collectively, with the majority opinion prevailing in case of any disagreement. 

Tenure and Service Condition of Election Commissioner 

Every member of the Election Commission (including the Chief Election Commissioner) who is appointed holds a term of six years, or when 65 years old based on local elder citizen policy ownership with the Elections Commission, which ever comes first. Any additional retirement conditions may influence their time in service (e.g., may resign or may be removed under certain incidences before their term). 

How Independent is the Election Commission of India?

Article 324 of the Constitution also pursuant to the legal basis to ensure that the EC operates independently and impartially. The article contains several safeguards to protect the commission from political or executive pressures.  

Security of Tenure for the Chief Election Commissioner (CEC). The Chief Election Commissioner has security of tenure, which means that one cannot be removed from office arbitrarily. The CEC can only be removed in the same manner and for the same reasons as a judge of the Supreme Court, which must be done:    

1. through a motion passed in both Houses of Parliament, 

1. with the support of a special majority,  

1. on the grounds of proved misbehaviour or incapacity,    

1. and crucially, the CEC does not hold office at the pleasure of the President even though he or she is appointed by the President.  

Protection of Service Conditions 

The Chief Election Commissioner's terms and conditions of service cannot be altered in such a way that it is disadvantageous after appointment. This means that there cannot be a change in pay, status or privilege that may act as an influence or coercive pressure.  

Protection for Other Election Commissioners and Regional Commissioners

Similarly, other Election Commissioners and Regional Commissioners are not removable by the President without cause. The process for removal of other Election Commissioners and Regional Commissioners is on the Chief Election Commissioner's recommendation, thus protecting other commissioners from political interference.

Are there Gaps in the Safeguards?

While the Constitution provides for the autonomy of the Election Commission, there are still certain traps: 

1. There are no qualifications such as legal, educational, or professional that are prescribed for appointed members of the Commission. 

1. The Constitution does not clearly stipulate the terms for Election Commissioners. 

1. There is no clause barring retiring Election Commissioners from being appointed to other positions in the government. 

1. These gaps raise questions over the potential for political influence over the Commission. 

Administrative Duties of the Election Commission

A few of the significant administrative responsibilities of the Commission are: 

1. Defining the boundaries and territorial properties of electoral constituencies through the enactment of the Delimitation Commission Act passed by Parliament. 

1. Making and keeping us up to date on the electoral rolls and ensuring that eligible voters register adequately. 

1. Providing notifications concerning election dates and examining candidates' nomination papers. 

1. Approving official appointments and observers to oversee the election process in all areas of the country. 

1. Ensuring polling stations and counting centres are established accordingly. 

1. Enabling and implementing all of the technological devices, i.e. Electronic Voting Machines (EVMs) and VVPATs are in operation.

Advisory Responsibilities of the Election Commission 

The Commission has an advisory responsibility role in the electoral systems and to provide different levels of advisory powers which include: 

1. Advice to the President of India on the disqualification of Members of Parliament and Election. 

1. Advice to the State's Governors on the disqualification of Members of Legislative Assemblies. 

1. Recommendations upon requesting the elections can happen in the state under President's Rule particularly if you are extending emergency provisions that are surpassing one year.

Quasi-judicial functions of the Election Commission

The Election Commission can adjudicate certain electoral disputes, and its decisions are binding in the following manner: 

Challenges Faced by the Election Commission of India 

1. Rise in Electoral Malpractices and Political Criminalisation 

The increasing use of money, muscle power, and inducements such as cash, liquor, and freebies during elections has deepened the criminalisation of politics. Violence, voter intimidation, and booth capturing remain concerns in several regions. Despite its constitutional mandate, the ECI often finds itself constrained by limited enforcement powers and over-reliance on state machinery. 

2. Limited Powers Over Political Parties 

The Election Commission cannot enforce internal democracy within political parties or ensure transparency in their finances. It has no legal backing to mandate regular internal elections, audit party funds, or monitor how parties select candidates. This restricts its role to largely procedural oversight, reducing its effectiveness in regulating party conduct. 

3. Concerns About Institutional Autonomy 

There is a growing perception that the Election Commission is becoming increasingly dependent on the executive. Allegations of bias, delayed or selective action, and inconsistent application of the Model Code of Conduct have raised questions about its impartiality and eroded public confidence in its independence. 

4. EVM-Related Trust Deficit 

Although Electronic Voting Machines (EVMs) have improved efficiency, concerns around malfunctioning, tampering, and lack of transparency in VVPAT audits have led to distrust among segments of the public. Repeated allegations, even if unproven, continue to cast a shadow over the credibility of the electoral process.