The Election Commission of India

A constitutional guardian of elections

Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and conduct of elections to Parliament, state legislatures and the offices of President and Vice-President in the Election Commission of India (ECI). It was set up on 25 January 1950 – now celebrated as National Voters' Day (since 2011). Elections to panchayats and municipalities are conducted by State Election Commissions, which are separate and independent bodies (Articles 243K and 243ZA).

Composition

Article 324 provides for a Chief Election Commissioner (CEC) and such number of other Election Commissioners as the President may fix. From 1950 to 1989 the ECI was a one-member body. Two additional commissioners were appointed in October 1989, but the posts were abolished in January 1990. Since October 1993 the ECI has been a three-member body. Decisions are taken by majority; the CEC and ECs have equal powers, but the CEC is the chairman.

Appointment. Until 2023 there was no law; the President appointed the CEC and ECs on the government's advice. In Anoop Baranwal (March 2023) a Constitution Bench held that, until Parliament made a law, appointments should be made on the advice of a committee of the Prime Minister, the Leader of the Opposition (or leader of the largest opposition party) in the Lok Sabha and the Chief Justice of India. Parliament then enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023:

• A Search Committee headed by the Law Minister prepares a panel of five names.
• A Selection Committee of the Prime Minister (chair), the Leader of the Opposition in the Lok Sabha and a Union Cabinet minister nominated by the PM recommends the appointment; the committee can consider names outside the panel.
• Candidates must be persons who hold or have held a post equivalent to Secretary to the Government of India.
• Term: six years or until 65 years of age, whichever is earlier; no reappointment.
• Salary equal to that of the Cabinet Secretary (earlier, Supreme Court judges).
• Protection from civil and criminal proceedings for acts done in official capacity.

The replacement of the CJI by a minister in the selection committee has been challenged in the Supreme Court as weakening independence.

Independence safeguards (Article 324(5))

• The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge – by the President on an address by both Houses with a special majority, on proved misbehaviour or incapacity.
• The conditions of service of the CEC cannot be varied to his disadvantage after appointment.
• Other ECs and Regional Commissioners can be removed only on the recommendation of the CEC.

Limitations noted by critics: the Constitution does not prescribe qualifications; it does not bar retiring commissioners from further government appointments; the ECs do not have the same removal protection as the CEC; and the ECI depends on the government for staff – it uses state government officers on deputation during elections.

Powers and functions

Administrative:

• Delimitation support – it determines the territorial areas of constituencies on the basis of the Delimitation Commission Act.
• Preparing and periodically revising electoral rolls and registering all eligible voters; issuing Electors' Photo Identity Cards (EPIC). The Election Laws (Amendment) Act, 2021 allowed linking of Aadhaar with electoral rolls on a voluntary basis and introduced four qualifying dates a year (1 January, 1 April, 1 July and 1 October) for new voters.
• Notifying election schedules, scrutinising nominations.
• Registering political parties and granting recognition as national or state parties, and allotting symbols (Election Symbols (Reservation and Allotment) Order, 1968) – including deciding disputes about which faction is the "real" party (e.g. Shiv Sena and NCP in 2023–24).
• Enforcing the Model Code of Conduct (MCC) – a set of norms evolved with the consensus of parties; it comes into force on announcement of the schedule and remains till results. It is not statutory, but violations can attract action under other laws.
• Appointing observers, deploying central forces, fixing expenditure limits and examining accounts.

Advisory:

• Advises the President on disqualification of MPs (Article 103) and the Governor on disqualification of MLAs (Article 192) – the opinion is binding.
• Advises on disqualification of candidates for corrupt practices (the President decides).

Quasi-judicial:

• Settles disputes on recognition of parties and allotment of symbols.
• Can cancel polls in case of booth-capturing, rigging or violence.

Recognition of parties

National party – any one of: (a) 6% of valid votes in four or more states in a Lok Sabha or assembly election plus four Lok Sabha seats from any state(s); or (b) 2% of Lok Sabha seats from at least three states; or (c) recognition as a state party in four states. In April 2023 the ECI withdrew national status from the Trinamool Congress, NCP and CPI, and granted it to the Aam Aadmi Party – leaving six national parties: BJP, Congress, BSP, CPI(M), National People's Party and AAP.

State party – for example, 6% votes and two assembly seats, or 6% votes and one Lok Sabha seat, or 3% of assembly seats (minimum three), or one Lok Sabha seat for every 25 from the state, or 8% of the total valid votes polled in the state.

Technology and innovations

• Electronic Voting Machines (EVMs) were first used in Paravur (Kerala) in 1982; used in all constituencies since 2004. VVPAT (Voter Verifiable Paper Audit Trail) was introduced in 2013 (Noksen, Nagaland) after Subramanian Swamy v ECI (2013); since 2019, VVPAT slips of five randomly selected polling stations per assembly segment are counted. In ADR v ECI (April 2024) the Supreme Court rejected the demand for a return to paper ballots or 100% VVPAT counting, but allowed candidates finishing second or third to seek verification of the burnt memory of up to 5% of EVMs per constituency.
• NOTA (None of the Above) – introduced after PUCL v Union of India (2013); NOTA votes do not affect the result.
• cVIGIL app for reporting MCC violations; Voter Helpline; SVEEP (Systematic Voters' Education and Electoral Participation) programme; home voting for voters above 85 and persons with disabilities (2024 general election).
• Special Intensive Revision of electoral rolls in Bihar (2025) became controversial over documentation requirements and deletions; the Supreme Court allowed the exercise while directing that Aadhaar be accepted as one of the identity documents.

The 2024 general election, held in seven phases from April to June 2024 with about 64.2 crore voters taking part (turnout about 65.8%), was the largest democratic exercise in history.

Practice: Mains question

*Examine the role of the Election Commission in ensuring free and fair elections. How can its independence be strengthened? (250 words)* Outline Article 324 powers, the MCC, technology, and the record since T.N. Seshan (1990–96), who enforced the MCC strictly. Then discuss concerns – appointment process (Anoop Baranwal and the 2023 Act), removal protection for ECs, and dependence on government staff; suggest a collegium-type selection, equal removal protection for all commissioners, a separate secretariat and statutory backing for the MCC.

Common traps

• ECI conducts elections to Parliament, state legislatures, President and Vice-President – not to panchayats and municipalities.
• Since 1993 the ECI is a three-member body.
• The CEC has Supreme Court judge-like removal protection; ECs can be removed on the CEC's recommendation.
• The MCC is not a statutory code.
• After the 2023 Act, the selection committee is PM, LoP and a Cabinet minister – not the CJI.