Sambhav-2025

Approach Briefly introduce the Election Commission of India (ECI). Discuss the significance of the ECI in strengthening Indian democracy. Mention the challenges it faces in fulfilling its mandate. Suggest reforms to enhance its functioning and autonomy. Conclude suitably.

Introduction

The Election Commission of India (ECI) is a constitutional body responsible for conducting free and fair elections in the country, established under Article 324 of the Indian Constitution. It has been described as an “undocumented wonder” because of its ability to conduct elections efficiently despite the lack of explicit legal provisions outlining its full powers and autonomy.

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The significance of the ECI in strengthening Indian democracy:

• Conducting Free and Fair Elections:
  • The Election Commission of India (ECI) has successfully organized numerous elections across the country, ensuring they are conducted fairly and without bias.
    • It has ensured the integrity—free and fair—of 18 national and more than 370 state elections since 1947.
  • It conducts some of the largest and longest elections globally.
    • For instance, the 2019 parliamentary elections had 900 million eligible voters and spanned nine phases over 39 days.
• Initiatives for Inclusive Participation:
  • It has implemented special provisions such as reserved constituencies for Scheduled Castes and Scheduled Tribes, as well as measures to prevent electoral malpractices such as booth capturing, voter intimidation, and bribery, thereby upholding the democratic process.
• Introducing Voter ID Cards:
  • The Indian Voter ID Card (officially the Elector's Photo Identity Card (EPIC)) was first introduced in 1993 during the tenure of Chief Election Commissioner T. N. Seshan.
  • Voter ID cards serve as proof of identity and address, helping to maintain the integrity of the electoral roll and reduce instances of impersonation.
• Introduction of Electronic Voting Machines (EVMs):
  • The adoption of EVMs by the ECI has significantly streamlined the voting process, making it more efficient and reducing the chances of electoral fraud.
• Implementation of Model Code of Conduct (MCC):
  • The ECI enforces the MCC during elections to ensure a level playing field for all political parties and candidates.
• Innovative Use of Technology:
  • The ECI has embraced technological advancements to improve the electoral process, such as the introduction of voter registration portals, online voter verification systems, and mobile apps for voter education and information dissemination.

Issues Associated with the Election Commission of India:

• Constitutional Limitations:
  • 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 Selection Committee is Dominated by the Government :
  • The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act, 2023 put in place a selection committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha, and a Union cabinet minister.
  • Thus, the Selection Committee has a majority of members from the government of the day, which may undermine the independence of the ECI.
• Security of Tenure :
  • Security of tenure is not guaranteed for Election Commissioners as they can be removed by the government in power upon the recommendation of the Chief Election Commissioner, rather than through a formal impeachment process, leaving them vulnerable and potentially impacting their independence.
• Electoral Malpractices:
  • Instances of electoral fraud, including tampering with electronic voting machines (EVMs), voter impersonation, and manipulation of voter lists, pose a threat to the integrity of elections.

Steps should be Taken to Strengthen the Election Commission of India:

• Formation of Independent Selection Committee:
  • Create an independent selection committee comprising representatives from various stakeholders in addition to government officials. This committee should oversee the appointment process and ensure fairness and impartiality.
    • In Anoop Baranwal vs Union of India Case, 2023, a five-judge bench of the Supreme Court (SC) unanimously ruled that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha and Chief Justice of India (CJI).
• Provide Statutory Safeguards to Election Commissioners:
  • Enact legislation that clearly defines the conditions under which Election Commissioners can be removed from office.
  • This legislation should incorporate stringent criteria and procedural safeguards to prevent arbitrary dismissal.
• Transparent Funding Mechanisms:
  • Implement transparent mechanisms for allocating funds to the ECI, such as through a parliamentary appropriations process or an independent budgetary oversight committee.
• Power for Proportional Punishments:
  • Empower ECI to implement a range of sanctions and penalties for political parties found guilty of violations, including fines, suspension of privileges, and temporary or permanent deregistration.
• Enhance Electoral Integrity:
  • The commission needs to establish its trust amongst people by installing Voter Verifiable Paper Audit Trail System ( VVPATS) in more and more constituencies.
• Technological Integration:
  • This includes the adoption of advanced voting technologies, such as blockchain-based voting systems, to enhance security and reduce the risk of tampering or fraud.
• International Collaboration:
  • Strengthening collaboration and cooperation with international electoral management bodies and organizations can facilitate knowledge exchange, capacity-building initiatives, and the adoption of best practices in electoral governance.

Conclusion

Looking ahead, the future of the Election Commission of India lies in its ability to adapt to technological advancements, strengthen regulatory frameworks, promote inclusive participation, and uphold democratic principles. By empowering the Election Commission and enhancing its capacity to regulate and oversee elections effectively, India can reaffirm its commitment to democratic governance and foster trust and confidence among its citizens in the electoral system.