Sambhav-2024

• Introduce briefly about the Election Commission of India (ECI).
• Highlight the issues that affect the functioning and credibility of the ECI.
• Discuss the measures and reforms suggested by various committees and experts to enhance the independence and accountability of the ECI.
• Conclude Suitably.

Introduction

The Election Commission of India (ECI) is a permanent, independent and constitutional body, under Article 324 of the constitution of India, that is responsible for conducting elections to the Parliament, State Legislatures, and the offices of the President and Vice-President of India.

• The ECI is entrusted with the power of superintendence, direction and control of the electoral process, and is expected to ensure free and fair elections in the country.

Body

Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, the ECI faces several challenges and issues that affect its functioning and credibility. Some of these are

• The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
• The Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any further appointment by the government.
• The appointment and removal of the CEC and other commissioners are not transparent and are influenced by the ruling party.
• The regulation of political parties and candidates is inadequate and ineffective.
  • The ECI has no power to de-register or derecognize political parties, or to disqualify candidates for violating the model code of conduct, or to check the criminalization of politics.
• The expenditure and campaign management is not properly monitored and controlled. The ECI has no authority to impose limits on the expenditure of political parties, or to regulate the use of media and social media, or to prevent the distribution of cash and gifts to influence voters.

To address these challenges and issues, various committees and experts have suggested several measures and reforms to enhance the independence and accountability of the ECI. Some of these are:

• The appointment and removal of the CEC and other commissioners should be done by a collegium consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India, or by a parliamentary committee.
  • The grounds and procedure for their removal should be clearly specified in the Constitution or in a law.
• The regulation of political parties and candidates should be strengthened by giving the ECI the power to de-register or derecognize political parties for violating the norms of internal democracy, transparency, and accountability, or for having links with criminal elements.
  • The ECI should also have the power to disqualify candidates for furnishing false information, or for indulging in corrupt practices, or for having criminal antecedents.
• The expenditure and campaign management should be made more transparent and accountable by imposing limits on the expenditure of political parties, and by requiring them to disclose the sources and amounts of their funds.
  • The ECI should also have the authority to regulate the use of media and social media, and to curb the malpractices of paid news, fake news, and hate speech.
• The electoral roll and voter list should be updated and verified periodically by using technology and biometric data. The ECI should also ensure the universal and easy enrolment of voters, especially the marginalized and vulnerable sections, and the timely and convenient delivery of voter ID cards.
  • The ECI should also make the voter list accessible and searchable online, and allow the voters to verify and correct their details.

Conclusion

ECI plays a vital role in ensuring the democracy and integrity of the electoral process in India. However, it faces several challenges and issues that undermine its independence and accountability. Therefore, there is a need for electoral reforms to address these challenges and issues, and to enhance the efficiency and credibility of the ECI. Such reforms would not only strengthen the ECI but also the democracy in India.