Election Commission of India

Let’s begin with a simple question —
“Who ensures that elections in India are fair and impartial?”
The answer is — Election Commission of India (ECI).

Now let’s understand it step-by-step.

🏛️ Meaning and Constitutional Basis

The Election Commission is a permanent and independent constitutional body established directly by the Constitution under Article 324.

Its purpose is very clear —
To ensure free and fair elections in India.

Article 324(1) says that the superintendence, direction, and control of elections to the following shall vest in the Election Commission:

1. Parliament
2. State Legislatures
3. Office of the President of India
4. Office of the Vice-President of India

Hence, the ECI is an All-India body — because it works for both the Centre and the States.

But remember —
It has nothing to do with elections to Panchayats and Municipalities, because those are handled by the State Election Commissions (under Articles 243K and 243ZA).

👥 Composition of the Election Commission

Article 324 also lays down the structure of the ECI.

Let’s understand:

1. Composition –
   It consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may decide.
2. Appointment –
   Both the CEC and other ECs are appointed by the President.
3. Chairmanship –
   When the Commission has more than one member, the CEC acts as its Chairperson.
4. Regional Commissioners –
   The President may also appoint Regional Commissioners after consulting the ECI, to assist it.
5. Service Conditions and Tenure –
   These are determined by the President, subject to laws made by Parliament.

⚙️ Evolution of Composition

Let’s quickly trace how the structure evolved over time:

Period	Nature of Commission	Remarks
1950 – Oct 1989	Single-member body	Only CEC
Oct 1989 – Jan 1990	Multi-member body	2 additional ECs appointed due to lowering of voting age (21 → 18)
Jan 1990 – Oct 1993	Again single-member	Posts abolished
Since Oct 1993	Multi-member body (3 members)	Continues till date

So today, the ECI consists of one CEC and two ECs.

⚖️ The 1991 Act – Powers, Tenure, and Equality

The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 provides the detailed rules.

Key points:

1. Equality of Status –
   The CEC and other ECs have equal powers, salary, and privileges, equivalent to a Judge of the Supreme Court.
2. Decision-Making –
   If there’s any difference of opinion, it’s decided by majority vote.
3. Tenure –
   They hold office for 6 years or until the age of 65 years, whichever is earlier.
4. Resignation –
   They can resign anytime by writing to the President.

🧩 Independence of the Election Commission

Now, how is the Commission made independent and impartial?

Article 324 ensures this through several safeguards:

1. Security of Tenure for the CEC –
   The CEC cannot be removed except in the same manner and on the same grounds as a Judge of the Supreme Court —
   i.e., by a special majority resolution of both Houses of Parliament on the grounds of proved misbehaviour or incapacity.

So, unlike other appointees, the CEC does not hold office “during the pleasure” of the President.

2. Service Conditions Protected –
   Once appointed, the service conditions of the CEC cannot be varied to his disadvantage.
3. Removal of Other ECs –
   Other ECs (and Regional Commissioners) cannot be removed except on the recommendation of the CEC.

However, despite these safeguards, the Constitution does have some gaps, such as:

• No prescribed qualifications (educational, legal, or administrative);
• No specified term of office in the Constitution (only by law);
• No bar on post-retirement appointments.

⚖️ The Anoop Baranwal Case (2023) – A Landmark Judgment

The Supreme Court, in Anoop Baranwal vs Union of India (2023), strengthened ECI’s independence.

It gave these directions:

1. Appointment Process Changed –
   The CEC and ECs shall now be appointed on the recommendation of a three-member committee consisting of:
   • The Prime Minister
   • The Leader of Opposition (or leader of largest opposition party) in Lok Sabha
   • The Chief Justice of India

➤ This was to prevent political or executive domination.

2. Removal Grounds –
   The Court suggested that the grounds of removal of the ECs should be same as that of the CEC (i.e., like a Supreme Court judge).
3. Protection of Service Conditions –
   Their service conditions cannot be varied to their disadvantage after appointment.

🧾 Subsequent Legislative Development (2023)

Soon after the Supreme Court’s judgment, the Union Government enacted a law to define the appointment and service conditions of the Election Commissioners.

📜 Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023

This Act, passed in December 2023, replaced the earlier system and altered the composition of the Selection Committee prescribed by the Supreme Court.

🧩 Key Features of the 2023 Act:

1. New Composition of Selection Committee
   • The CEC and ECs will now be appointed by the President based on the recommendation of a Selection Committee comprising:
     • The Prime Minister (Chairperson),
     • A Union Cabinet Minister nominated by the Prime Minister, and
     • The Leader of Opposition (or leader of the largest opposition party) in the Lok Sabha.

🔸 Note: The Chief Justice of India has been excluded from this Committee — reversing the mechanism proposed by the Supreme Court.

2. Search Committee
   • A Search Committee, headed by the Cabinet Secretary, will prepare a panel of five eligible names for consideration by the Selection Committee.
3. Eligibility Criteria
   • Only serving or former Secretaries to the Government of India, or equivalent officers, are eligible to be appointed as CEC or EC.
4. Tenure and Service Conditions
   • The term of office is six years or until the age of 65 years, whichever is earlier.
   • Their salaries and conditions of service are aligned with those of a Cabinet Secretary, instead of a Supreme Court judge (as earlier).
5. Objective of the Law
   • The government stated that this Act was meant to “fill the legislative vacuum” identified by the Supreme Court under Article 324(2).
   • However, critics argue that it reduces the independence of the Election Commission by increasing executive dominance in appointments.

⚔️ Powers and Functions of the Election Commission

The powers of the ECI can be divided into three categories:

1. Administrative
2. Advisory
3. Quasi-Judicial

Let’s see what this mean in practice:

🏗️ Administrative Functions

• Preparing and revising electoral rolls.
• Fixing election schedules and notifying dates.
• Scrutinizing nomination papers.
• Appointing election officers and staff.
• Ensuring model code of conduct is followed.
• Cancelling polls in case of rigging, booth capturing, or violence.
• Supervising the entire election machinery to ensure free and fair polls.

⚖️ Quasi-Judicial Functions

• Settling disputes regarding recognition of political parties and allotment of election symbols.
• Acting as a court in such disputes.

🧭 Advisory Functions

• Advising the President on disqualification of MPs.
• Advising the Governor on disqualification of MLAs.
• Advising the President whether elections can be held in a state under President’s Rule (Article 356) when one year has passed.

🧑‍💼 Administrative Hierarchy

• Deputy Election Commissioners – Senior civil servants appointed by the Commission.
• Chief Electoral Officer (CEO) – At the state level, appointed by CEC in consultation with the State Government.
• District Returning Officer (DRO) – Usually the District Collector.
• Returning Officer (RO) – For each constituency.
• Presiding Officer – For each polling booth.

This chain ensures that elections are conducted smoothly across all levels.

🌏 Vision, Mission and Guiding Principles of the ECI

Vision

To be an Institution of Excellence by deepening democracy through inclusive and participative elections in India and globally.

Mission

To maintain independence, integrity, and professionalism, ensuring free, fair, and transparent elections that strengthen public trust in democracy.

Guiding Principles

1. Uphold constitutional values – equality, impartiality, independence, and rule of law.
2. Conduct elections with credibility, fairness, and transparency.
3. Ensure inclusive participation of all eligible citizens.
4. Engage constructively with political parties and stakeholders.
5. Promote voter awareness and confidence.
6. Build a professional and capable workforce.
7. Develop quality infrastructure.
8. Adopt technology and innovation for efficiency.
9. Constantly strive for excellence and trust in India’s electoral system.