Everything about the Election Commission of India

Source: economictimes

The ECI, or the Election Commission of India, is a permanent and autonomous organisation that looks to organise fair and free elections in the States and the Union of India. The Constitution of India grants ECI the power of superintendence, control of elections, and direction to state legislatures, Parliament, and the office of president and vice-president of India.

The powers of the ECI are mentioned in the mentioned articles of the Constitution of India –

• Article 324: Superintendence, direction and control of state-level and national elections are to be handled directly by the ECI.
• Article 325: Based on Indian citizenship, names are either excluded or included in electoral rolls. There should be no caste, race, religion, or gender-based exclusion from the electoral rolls or inclusion on a separate electoral roll for any Indian citizen qualified to vote.
• Article 326: Outlines the universal adult franchise as the foundation for all levels of elected government elections.
• Article 327: Outlines the duties of the Parliament and the ECI concerning the conduct of national elections.
• Article 328: Outlines the obligations of state legislatures concerning elections at the state level.
• Article 329: Prevents courts from interfering in election-related issues unless specifically solicited for their opinions.

1. Administrative Powers of the Election Commission of India

• The Delimitation Committee Act has given the commission the authority to set the geographic limits of electoral seats for various elections.
• Any political party or organisation may be registered or deregistered through its use.
• It has the authority to ensure that the "Model Code of Conduct" for election campaigns is followed.
• It has the authority to monitor the political parties' election spending. This guarantees a level playing field for all political parties, regardless of their size and consequent spending power.
• It can choose officers from several Civil Services departments to serve as election and expenditure observers.

2. Advisory Powers of the Election Commission of India

• The commission has the authority to advise the President of India on the circumstances behind the disqualification of members of Parliament.
• The commission also guides the Governors on the exclusion of State Legislature members.
• It advises the High Courts and Supreme Court in cases involving post-election disagreements between candidates and political parties.

3. Quasi-Judicial Powers of the Election Commission of India

• Concerning the recognition given to political parties and candidates, the Election Commission has the authority to resolve disagreements.
  
• It has the authority to serve as a court in cases involving disagreements over the distribution of electoral symbols to political parties and candidates. Even amongst regions, there are variations in election emblems.
• It is important to keep in mind that the State Election Commission is in charge of overseeing the elections for Panchayats and Municipalities. The ECI, in turn, counsels and is responsible to the State Election Commissions.

The primary functions of the Election commission are:

• The voter identity card is given out by the Election Commission, which also creates the voter list.
• It creates the election schedule.
• The Election Commission is in charge of holding an election in a state.
• It permits any qualified candidate to run for office.
• It is the duty of the Election Commission to settle any conflicts that may develop during the election.

A few of the importance of the ECI include the following:

• Since 1952, the ECI has successfully run both national and state elections. In recent years, the commission has begun to take a more active role in promoting increased public participation.
• The commission had gone as far as fining political parties and threatening them with de-recognition if they failed to uphold internal party democracy.
• It maintains the constitutionally defined values of equality, equity, impartiality, independence, and the rule of law in overseeing, directing, and controlling election governance.
• It conducts elections in accordance with the greatest standards of veracity, independence, fairness, transparency, and professionalism.
• It ensures that all eligible citizens participate in the voting process in a welcoming and inclusive environment.
• In the interest of the electoral process, it interacts with political parties and all stakeholders.
• It increases confidence and trust in this country's electoral system by raising an understanding of the electoral process and governance among key stakeholders, including voters, political parties, election officials, candidates, and the general public.

1. Threats of Muscle and Money in Elections

• In order to verify muscle force, EC lacks resident officers and employees on the ground.
• Although it has decreased booth capturing, electronic voting cannot prevent improper influence or kidnapping.
• Unchecked money distributions before elections are rife.
• Reports of post-election violence and political revenge.
• Politics are being criminalised; over 30% of elected MPs are facing serious charges.
• The EC cannot enact legislation on its own to bring about electoral funding openness.

2. Institutional Challenges

• Absence of a cadre of officers in permanent reserve.
• The majority of the government is on the panel that chooses the chief election commissioner and other election commissioners.
• On the Chief Election Commissioner's recommendation, election commissioners may be dismissed.
• After retiring, CEC is not prohibited from holding public office.
• Every decision is made by a majority vote; even the EC's disapproval cannot be reviewed.

Most of the tasks necessary to guarantee a free and fair election in India are handled by the Election Commission of India. The election commission is now the foundation of an ideal democracy. Additionally, it oversees the voting for state legislators, the Parliament, and the president and vice president of India.