The Election Commission of India is a body which is responsible for making sure and
conducting free and fair elections in the country. This power has been vested to the body by
Article 324 of the constitution of India. Under this article the Election Commission of India is
provided with the power of superintendence, direction, and control of the elections for the
parliament, state legislature, the office of the President of India and the office of the Vice
President of India. Hence it is the body common to both the Central government as well as
the State governments. The elections of panchayats and municipalities in the states are
governed by the separate body called State Election Commission.
The Election Commission consist of the Chief Election Commissioner and such member of
the other election commissioners, if any, as the President may from time-to-time fix. The
appointment of Chief Election Commissioners and other election commissioners shall be
made by the President. The President may also appoint after consultation with the election
commission such regional commissioners as he may consider necessary to assist the election
commission.
Role of Election Commission:
1. Guardian of Free & Fair Elections.
One of the most important features of the democratic polity is elections at regular intervals.
Democracy is the
“Government of the people, By the people, And for the people”.
Holding periodic free & fair elections are essentials of democratic system. It is part of basic
structure of the Constitution. It has been held in T. N. Sheshan V/s Union of India. The
Commission has taken many efforts for the success of elections and thereby democracy. So it
is regarded as Guardian of both, democracy & free & fair elections.
2. Model Code of Conduct
The Election Commission is regarded as guardian of free & fair elections. In every election, it
issues a Model code of Conduct for political parties and candidates to conduct elections in
free & fair manner. The Commission issued its First code in 1971 (5th Election) and revised
it from time to time. It lay down guidelines for conduct of political parties & candidates
during elections. However, there are instances of violation of code by the political parties and
complaints are received for misuse of official machinery by the candidates.
The Commission held responsible to Mr. Narendra Modi and Smt. Sonia Gandhi for violation
of Model code of Conduct by making controversial remarks during election campaign in
2007 Gujarat Assembly polls.
In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner, the Kerala High Court
held that the object of model code of conduct is not to stop all governmental activities but
only those actions which may directly influence a section of electors need to be prevented.
The need for such code is in the interest of free and fair elections. However, the code does not
have any specific statutory basis. It has only a persuasive effect. It contains what, known as
“rules of electoral morality”. But this lack of statutory backing does not prevent the
Commission from enforcing it. It has power to enforce drawing force under Art. 324.
3. Registration of Political Parties
The party system is an essential feature of the Parliamentary democracy. Law regarding to
this registration process enacted in 1989 and number of parties got registered with
Commission. It helps to avoid confusion and headache of the administrative machinery as
well as confusion of the electorate. It ensures that political parties can practice democracy
only by their registration.
4. Limits on Poll Expenses
To get rid of the growing influences and vulgar show of money during elections the Election
Commission has made many suggestions in this regard. The Election Commission has fixed
the legal limits on the amount of money which a candidate can spend during election
campaigns. These limits have been revised from time to time. The Election Commission by
appointing observers keeps an eye on the individual account of election expenditure. The
contestants are also required to give details of expenditure with 30 days of declaration of
results. However, political parties do not adhere to the financial ‘Lakshman Rekha’ as huge
amount are spent by parties under the garb of their supporters.
The campaign period was reduced by the Election Commission from 21 to 14 days for Lok
Sabha and Assembly elections; it is for to trim down election expenditure. The Election
Commission’s this attempt to impose these measures has been a move in the right direction.
Moreover, Election Commission takes details of his assets on affidavit at the time of
submitting nomination paper.
In Common Cause: A registered Society v/s. Union of India, it was pointed out that, in India
elections are fought on the basis of money. The Court ruled that, purity of election is
fundamental to the democracy and Commission can ask the candidates about the expenditure
incurred by them and political party for this purpose.
5. Use of Scientific and Technological Advancements.
The Election Commission trying to bring improvements in election procedures by taking
advantage of Scientific and Technological Advancements. The introduction of EVM –
Electronic Voting Machines is one of the steps in that direction. It was used with view to
reduce malpractices and also improving the efficiency. On experimental basis it was firstly
tries in the State of Kerala in 1982 for Legislative Assembly Elections. After successful
testing and legal inquires the commission took historic decision to go ahead and start use of
EVMs.
The Election Commission making use of Information Technology launched a web site of its
own on 28th February 1998 i.e. www.eci.gov.in. It helps to provide accurate information,
management, administration and instant results of the elections. In 1998, Election
Commission taken a bold step and decided programme for ‘computerizations’ of the electoral
rolls.
To prevent electoral fraud, in 1993 EPICs – Electoral Photo Identity Cards were issued. In,
2004 elections it was mandatory to possess card. During 2007 Punjab Assembly Elections,
Parneet Kaur – MP from Patiala could not cast her vote till late afternoon as she had
misplaced her voter’s card. The Karnataka become the first State to prepare electoral rolls
with photographs of voters in 2008 elections. The State Election Commission developed the
electoral roll management software called ‘STEERS’.
6. Multi –Member Election Commission
There was a long standing demand to make the Election Commission a multi member body.
The Ho. Supreme Court in the S. S. Dhanoba v/s.Union of India
Held that, Election Commission entrusted with vital functions and is armed with exclusive
and uncontrolled powers to execute them, it is both, necessary & desirable that, the powers
are not exercise by one of individual, however wise he may be. It also conforms to the tenets
of democratic rule.
The Constitution Amendment Act, 1993 made Election Commission to be multi member
body. A single member Election Commission would have no longer unbridled powers. In
view of the large size of the country and the huge electoral the Election Commission also
made a proposal for the appointment of Regional Election Commissioners to different zones
to reduce its burden.
7. Election Commission – A Tribunal for Adjudication
There is bar to the Court for interference in the electoral matters. Then the question arises is
the Election Commission a tribunal? Can Supreme Court hear appeal from the Commission?
U/A – 136 Commission can be treated as tribunal while adjudicating disputes?
In answering the questions, the Supreme Court held that, Commission is a Tribunal for the
purpose of Article 136 while deciding such a controversy. Such issue decided in the case
of A.P.H.L. Conference, Shillong v/s. W. A. Sangama.
Further, Court speaking about the powers and functions of the Commission said that,
regulating loud speaker for electioneering and order issued for that is valid, as held in
the Mohinder Singh v/s. Chief Election Commissioner
8. Checking Criminalization of Politics.
Criminalization of Politics is a grave problem in India. This menance began in Bihar and
gradually spread over the nation. In 20003, a law was introduced to prohibit the election of
criminals to the legislative bodies. However, persons with criminal background continue to
hold seats in Parliament & State Assemblies. This lead to very undesirable and embarrassing
situation when law breakers become law makers.
The Commission has expressed its serious concern over anti - social activities. Commission
made norms and recommendation to the government to curb the menace of criminalization of
politics. They observed that,
“All political parties to reach a consensus that, no person with a criminal background will be
given the party ticket”.
The candidates are obliged to submit an affidavit in a prescribed form declaring their criminal
records, including convictions, acquittals charge pending cases. The information so furnished
by the candidates shall be disseminated to the public, and to the print and electronic media.
9. Right to Know About Candidates.
In order to make democracy healthy & unpolluted, citizens have right to know about
Candidates to whom they prefer as their Representative. To stop criminalization and in the
public interest the past of candidate should not kept in dark. In the case of
Union of India V/s Association for Democratic Reforms
Ho. Supreme Court agreed with Delhi High Court and in judgment directed the Election
Commission to take necessary information on affidavit from candidates as it is part of his
nomination paper. Election Commission must take such information which is mandatory
including:
a) His/her criminal antecedents, whether convicted or acquitted? Whether punishable with
imprisonment or fine?
b) Prior to 6 months of filing nomination paper he is an accused of any offence punishable
with imprisonment of 2 years? Whether Court has taken its cognizance, if so details thereof.
c) The assets (movable, immovable, bank balance) of a candidate and his or her spouse and
dependants.
d) Liabilities, if any, particularly over dues of any public financial institutions or government.
e) Educational qualification of the candidate.
However, failing to furnish required information on nomination papers shall be liable to
reject nomination papers by the Returning Officer. Furnishing wrong and incomplete
information also liable for penal action. This information is available to the general public,
and to the print and electronic media, free of cost.
There should be provision compelling winning candidates periodically to report his work to
constituency and measures taken by him for people grievances as remedy. This sense of
accountability must be given legal shape and punishment for default. There are other
important innovations to make specially elections clean, candidate competent and
incorruptible. Invigilation is important from the beginning to the end of the election process.
10. Role of Advisor.
Recently, the Election Commission has acted in the role of advisor. The Commission issued
notice to Mr. Varun Gandhi and Bhartiya Janata Party for violation of Model code of
Conduct by offensive speech on 7th and 8th March 2009 at Pilbhit District in Uttar Pradesh.
However, the Chief Election Commissioner N. Gopalswami said,
“We have seen the tape and are satisfied.
Hence we passed the advisory.
We have done our duty.
Our duty ends there”.
Further Commission advised him to take it or leave it. After this, Election Commission letting
the abusing politicians like Lalu Prasad Yadav, Rabri Devi, Udhav and Jaswant Singh and
many more, simply advising them ‘self-restraint’ but without any concrete action, for their
objectionable voice against each other in public during election campaign.
11. Prohibition on Publication
Moreover, the Commission issued an order for prohibition of publication and disseminating
of results of opinion polls (Exit Polls).
A nationwide lockdown was announced in India on March 25,2020 and lifted incrementally
from 1 June,2020 while restrictions pertaining to COVID-19 appropriate behaviour continued
to be in place. The pandemic also deferred deliberation processes within the political
apparatus of the state and its institutional edifice. One component of political process which
has not, however been deferred is the electoral process. Indeed, while the pandemic put a
break on “normal” life and politics, the electoral process continued almost seamlessly.
The conduct of the election during COVID-19 was a challenge, especially in the context of
the scale and dimension of the operations. The commission through strategic advance
planning has demonstrated the strength and resilience of the Indian Electoral System in
taking up challenge and the successful conduct of Bihar Assembly Elections during pandemic
crisis is a “Victory for Electoral democracy.”
The Commission over the years has conducted number of laudable electoral reforms to
strengthen democracy and enhance fairness of elections. The commission has taken best steps
to stop malpractices during elections by using advance technology. However, all these efforts
taken by the Election Commission will help to grow democracy and its confidence in the
minds of people. The Supreme Court always examined the legal and other issues of elections
and always emphasized to protect the fundamentals of democracy, which reflected through its
judgments. The Commission should be empowered to punish the greedy politicians for
violation of Code, Laws, and Orders of the Courts. A country’s administration should be
governed not by the bullet but by the ballot.
