The Election Commission of India (ECI) is a permanent constitutional body established under Article 324 of the Constitution. It is responsible for conducting free and fair elections to the offices of President, Vice-President, Parliament, State Legislatures and Union Territories. The ECI consists of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs), who are appointed by the President of India. The ECI has various powers and functions such as preparing electoral rolls, supervising election machinery, enforcing code of conduct, resolving disputes etc.
Current process
The current process of appointment of election commissioners in India is based on Article 324(2) of the Constitution, which empowers the President to appoint them without specifying any legislative process or criteria for selection. The President makes the appointment based on his/her discretion as per the recommendations of the Prime Minister, who has complete authority over this matter. However, a recent Supreme Court order has directed that a three-member high-level committee consisting of the Prime Minister, Leader of Opposition in Lok Sabha (or leader of largest opposition party), and Chief Justice of India should advise the President on such appointments.
Issues and challenges
The Election Commission of India faces various issues and challenges in fulfilling its constitutional mandate of conducting free and fair elections. Some of these are:
- Flaws in the composition: The Constitution does not prescribe any qualifications, criteria or process for selecting members of the ECI. This leaves scope for political interference and bias in appointments.
- Violation of Model Code of Conduct: The ECI has been criticized for failing to enforce the Model Code of Conduct effectively and impartially. There have been instances of breach of MCC by candidates and parties in terms of hate speech, misuse of media, distribution of cash etc.
- Allegation of partisan role: The ECI has also faced allegations of being influenced by the ruling party or government. Some decisions taken by the ECI have been questioned for being arbitrary, inconsistent or biased.
- Transfer of officials: The ECI has been accused of transferring officials without proper justification or consultation with state governments. This may affect the administrative efficiency and morale of officers involved in election duty.
- Intervention in administrative decisions: The ECI has been challenged for interfering in administrative decisions that are not directly related to elections. For example, it ordered a ban on biopic, web series and TV channels featuring Prime Minister Narendra Modi during 2019 general elections.
Recent developments
The Election Commission of India has witnessed some recent developments that may have implications for its functioning and credibility. Some of these are:
- A five-judge Supreme Court (SC) bench unanimously ruled that the President shall appoint the Chief Election Commissioner and Election Commissioners on the advice of a Committee comprised of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (CJI). (In the absence of a leader of the opposition, the leader of the largest opposition party in the Lok Sabha in terms of numerical strength will serve on such a committee.)
- Because the constitution gives Parliament the authority to make laws governing the appointment of ECI, the Supreme Court’s decision on this issue raises the issue of Separation of Powers.
- However, the Supreme Court has stated that this ruling will be subject to any law passed by parliament, which means that parliament can pass legislation to overturn it.
- Delimitation exercise: The ECI announced that it had commenced the process of delimitation of state assembly and parliamentary constituencies of Assam based on the 1971 Census. This is in accordance with a constitutional amendment that froze delimitation in Assam till 2026 due to security reasons.
Conclusion
The Election Commission of India is a vital institution for ensuring democracy and electoral integrity in India. However, it faces various challenges and controversies that may affect its performance and reputation. There is a need for reforms and improvements in the appointment process, the enforcement of the Model Code of Conduct, transparency and accountability of decisions, and coordination with state governments. The ECI should also keep pace with the changing socio-political scenario and adopt innovative measures to enhance voter participation and awareness.
