Be Mains Ready

Approach

• Explain significance of ECI in Indian democracy.
• Mention the constitutional provisions to ensure proper functioning of ECI.
• Explain the limitations in its working with examples.
• Conclude by giving certain recommendations to improve its working.

Introduction

The Election Commission is entrusted to conduct free and fair elections in India which are foundational for the democracy to sustain. Hence, the constituent assembly envisaged an autonomous institution under Article 324 of Indian constitution.

Body

The Election Commission of India has the power to conduct the general elections of Lok Sabha, Rajya Sabha, State Legislative Assemblies and the offices of President and Vice President.

Articles 324 to 329 of the constitution deal with the powers, functions, tenure, eligibility, etc of the commission and its members.

Constitutional safeguards to ensure its independence and impartiality:

• The Chief Election Commissioner is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court.
• Service conditions of the Chief Election Commissioner cannot be varied to his disadvantage after his appointment.
• Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.

Also, the Supreme Court in Mohinder Singh Gill & Anr. v/s Chief Election Commissioner And Others 1977, held that the powers of Election Commission are plenary powers with respect to the conduct of elections. The constituent assembly has left the scope for expansive residuary powers to deal with infinite varieties of situations emerging from time to time.

Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws in the structure of Election Commission can be noted, such as:

• The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) for the members of the Election Commission.
• The term of the members of the Election Commission is not specified.
• Election Commissioners are not debarred from further appointment in government offices post retirement.

Some other limitations in its functioning include:

• Lack of transparency in the selection of Election Commissioners. No fixed criterion for promotion to Chief Election Commissioner from the post of Election Commissioner.
• Under Section 29A of RPA, Election Commission has the power to register but does not have the power to de-register political parties even for gravest violations.
• Politicization of institution: Events in the recent Lok Sabha elections raised questions on the credibility of the Election Commission. For Ex:
  
  • 22 Lakh voters were de-enfranchised and their names were missing in electoral rolls in Telangana Assembly.
  • Election Commissioner Ashok Lavasa’s recusal from attending the meetings of violation of Model Code of Conduct.
  • Failure to cut violence in West Bengal and alleged mishandling of the EVMs.

Below are some suggestions to improve its functioning

Suggestions

• There is a need for constitutional protection for all three of its members as opposed to just one at present. The two Election Commissioners can be removed by the government on the recommendation of the Chief Election Commissioner.
• There is a need for financial autonomy from the Law Ministry. Like the CAG and UPSC, the ECI wants its budget to be ‘charged’ to the Consolidated Fund as opposed to the current practice of being voted and approved by Parliament.
• Law Commission of India in its 255^th report suggested the appointment of Election Commissioners by a collegium consisting of Prime Minister, Chief Justice of India and Leader of the Opposition.

Conclusion

The Election Commission has been seen as a gold standard, a formidable institution which has led the largest democracy in elections. Its impartial functioning is critical not for the benefit of Indians but as a source of inspiration and a ray of hope for many fledgling democracies in other developing countries as well.