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About Election Commission of India

The Election Commission of India is an autonomous constitutional authority

responsible for administering Union and State election processes in India. The body
administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in
India, and the offices of the President and Vice President in the country.

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A Constitutional Body
India is a Socialist, Secular, Democratic Republic and the largest democracy in the
World. The modern Indian nation state came into existence on 15th of August 1947.
Since then free and fair elections have been held at regular intervals as per the
principles enshrined in the Constitution, Electoral Laws and System.

The Constitution of India has vested in the Election Commission of India the
superintendence, direction and control of the entire process for conduct of elections
to Parliament and Legislature of every State and to the offices of President and Vice-
President of India.
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 Election Commission of India is a permanent Constitutional Body. The Election
Commission was established in accordance with the Constitution on 25th January
1950. The Commission celebrated its Golden Jubilee in 2001.

Originally the commission had only a Chief Election Commissioner. It currently

consists of Chief Election Commissioner and two Election Commissioners.

For the first time two additional Commissioners were appointed on 16th October 1989
but they had a very short tenure till 1st January 1990. Later, on 1st October 1993 two
additional Election Commissioners were appointed. The concept of multi-member
Commission has been in operation since then, with decision making power by
majority vote.
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 Appointment & Tenure Of Commissioners
The President appoints Chief Election Commissioner and Election Commissioners.
They have tenure of six years, or up to the age of 65 years, whichever is earlier. They
enjoy the same status and receive salary and perks as available to Judges of the
Supreme Court of India. The Chief Election Commissioner can be removed from office
in like manner and on like grounds as a judge of the Supreme Court.

Transaction of Business
The Commission transacts its business by holding regular meetings and also by
circulation of papers. All Election Commissioners have equal say in the decision
making of the Commission. The Commission, from time to time, delegates some of its
executive functions to its officers in its Secretariat.

The Setup
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 The Commission has a separate Secretariat at New Delhi, consisting of about550
officials, in a hierarchical set up.

Five or Six Deputy Election Commissioners and Director Generals who are the senior
officers in the Secretariat assist the Commission. They are generally appointed from
the national civil service of the country and are selected and appointed by the
Commission with tenure. Directors, Principal Secretaries, and Secretaries, Under
Secretaries and Deputy Secretary support the Deputy Election Commissioners and
Director Generals in turn. There is functional and territorial distribution of work in the
Commission. The work is organised in Divisions, Branches and Sections; each of the
last mentioned units is in charge of a Section Officer. The main functional divisions
are Administration,Electoral Roll, Election Expenditure Management, Information
Systems, International Cooperation, Judicial, Media,Planning,Political Parties,
Secretariat Co-ordination, and Systematic Voters' Education and Electoral
Participation (SVEEP). The territorial work is distributed among separate units
responsible for different Zones into which the 36 constituent States and Union
Territories of the country are grouped for convenience of management.

At the state level, the election work is supervised, subject to overall superintendence,
direction and control of the Commission, by the Chief Electoral Officer of the State,
who is appointed by the Commission from amongst senior civil servants from a panel
of officers proposed by the concerned state government. He is, in most of the States,
a full time officer and has a small team of supporting staff.

At the district and constituency levels, the District Election Officers, Electoral
Registration Officers and Returning Officers, who are assisted by a large number of
functionaries, perform election work. They all perform their functions relating to
elections in addition to their other responsibilities. During election time, however, they
are available to the Commission, more or less, on a full time basis.

The gigantic task force for conducting a countrywide general election consists of
more than twelve million polling personnel and civil police forces. This huge election
machinery is deemed to be on deputation to the Election Commission and is subject
to its control, superintendence and discipline during the election period, extending
over a period of one and half to two months.
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 Budget & Expenditure
The Secretariat of the Commission has an independent budget, which is finalised
directly in consultation between the Commission and the Finance Ministry of the
Union Government. The latter generally accepts the recommendations of the
Commission for its budgets. The major expenditure on actual conduct of elections is,
however, reflected in the budgets of the Ministry of Law & Justice (for Government of
India share) and the concerned States/UTs. If elections are being held only for the
Parliament, the expenditure is borne entirely by the Union Government while for the
elections being held only for the State Legislature, the expenditure is borne entirely by
the concerned State. In case of simultaneous elections to the Parliament and State
Legislature, the expenditure is shared equally between the Union and the State
Governments. For Capital equipment, expenditure related to preparation for electoral
rolls and the scheme for Electors' Identity Cards too, the expenditure is shared
equally.

Executive Interference Barred

In the performance of its functions, Election Commission is insulated from executive
interference. It is the Commission which decides the election schedules for the
conduct of elections, whether general elections or bye-elections. Again, it is the
Commission which decides the location of polling stations, assignment of voters to
the polling stations, location of counting centres, arrangements to be made in and
around polling stations and counting centres and all allied matters.

Political Parties & The Commission

Political parties are registered with the Election Commission under the law. The
Commission ensures inner party democracy in their functioning by insisting upon
them to hold their organizational elections at periodic intervals. Political Parties so
registered with it are granted recognition at the State and National levels by the
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 Election Commission on the basis of their poll performance at general elections
according to criteria prescribed by it. The Commission, as a part of its quasi-judicial
jurisdiction, also settles disputes between the splinter groups of such recognised
parties.

Election Commission ensures a level playing field for the political parties in election
fray, through strict observance by them of a Model Code of Conduct evolved with the
consensus of political parties.

The Commission holds periodical consultations with the political parties on matters
connected with the conduct of elections; compliance of Model Code of Conduct and
new measures proposed to be introduced by the Commission on election related
matters.

Advisory Jurisdiction & Quasi-Judicial Functions

Under the Constitution, the Commission also has advisory jurisdiction in the matter of
post election disqualification of sitting members of Parliament and State Legislatures.
The cases of persons found guilty of corrupt practices at elections which come
before the Supreme Court and High Courts are also referred to the Commission for its
opinion on the question as to whether such person shall be disqualified from
contesting elections and, if so, for what period. The opinion of the Commission in all
such matters is binding on the President or, as the case may be, the Governor to
whom such opinion is tendered.

The Commission has the power to disqualify a candidate who has failed to lodge an
account of his election expenses within the time and in the manner prescribed by
law. The Commission has also the power for removing or reducing the period of such
disqualification as also other disqualification under the law.

Judicial Review
The elections to the Parliament and State Legislatures can be challenged in the High
Court and the Supreme Court of India by an election petition after elections are over.
By virtue of Article 329 of the Constitution once the actual process of elections is
started, the judiciary cannot intervene by entertaining petitions on the conduct of the
polls. Once the polls are completed and result declared, the Commission cannot
review any result on its own. This can only be reviewed through the process of an
election petition, which can be filed before the High Court, in respect of elections to
the Parliament and State Legislatures. In respect of elections for the offices of the
President and Vice President, such petitions can only be filed before the Supreme
Court.

Media Policy
The Commission has a comprehensive policy for the media. It holds regular briefings
for the mass media-print and electronic, on a regular basis, at close intervals during
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 the election period and on specific occasions as necessary on other occasions. The
representatives of the media are also provided facilities to report on actual conduct
of poll and counting. They are allowed entry into polling stations and counting
centres on the basis of authority letters issued by the Commission. They include
members of both international and national media. The Commission also publishes
statistical reports and other documents which are available in the public domain.

Voter Education
Systematic Voters' Education & Electoral Participation (SVEEP) is a Multi-intervention
programme that reaches out to educate citizens about the electoral process in order
to increase awareness and participation. The objectives of SVEEP are to increase
electoral participation through voter registration and turnout, to increase qualitative
participation in terms of ethical and informed voting and continuous electoral and
democracy education.

International Co-Operation
India, as the largest practicing democracy in the world and with over 75 years’ record
of holding effective, transparent and credible elections, playing a leading role in
promoting participatory democracy and election administration world-wide. Election
Commission of India is a founding member and past Chair of the Association of
World Election Bodies (A-WEB), a body comprising 119 Election Management Bodies
from around the globe as its members; founding member and Chair of the
Association of the Asian Election Authorities (AAEA), past chair of the Forum of
Election Management Bodies of South Asia (FEMBoSA), member of International
Institute for Democracy and Electoral Assistance (Intl. IDEA), Stockholm and
Commonwealth Electoral Network (CEN) (2010). ECI has always championed the need
for international cooperation among democracies, nurtured steady collaborations,
learning from each other and sharing experiences and best practices in the areas of
Electoral Management and Administration, Electoral Laws and Reforms, Information &
Technology with a view to strengthen democracy worldwide.

ECI has signed Memorandum of Understandings (MoUs) with 28 Electoral

Management Bodies (EMBs) and 3 International Organisations i.e. International
Foundation for Electoral Systems (IFES), International IDEA and United Nations. These
MoUs provide institutional framework for collaborative activities like experience
sharing, capacity building, technical cooperation and exchange, visits and study
missions.

Consequent to the decision taken in the Extraordinary Executive Board Meeting of A-

WEB held on 2ndSeptember, 2019, the Election Commission of India has established a
Regional Centreof A-WEBin New Delhi namely ‘India A–WEB Center’. The Centre is
mandated to take up ‘Documentation, Research and Training’ for A-WEB Members
for sharing best practices and capacity building among the members of A-WEB in
election management.
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 Since 2011, ECI, through its premier training institute IIIDEM, successfully imparted
trainings to the 69,362 Election Officials from the 109countries. The Commission has
also provided experts and observers for elections to the various countries i.e. Fiji,
Cambodia, Thailand, Nepal, Uzbekistan, Kazakhstan, Zimbabwe and Sri Lanka etc.
Nepal, Bhutan and Namibia are using the Electronic Voting Machines manufactured
in India and the Election Commission of India provided them necessary technical
assistance.

International Election Visitors’ Program (IEVP) is a flagship program of the Election

Commission of India for international cooperation and engagement with the Election
Management Bodies (EMBs) of other countries and International Organizations. IEVPs
provide the participants an overview of the large canvas of Indian electoral process,
the new initiatives taken by ECI on voter facilitation, transparency and accessibility of
electoral system, enhanced use of Information and Communication Technology to
Strengthen Citizen’s participation and transparency.The Commission has organized
IEVPs for international community since 2014 and the last three International Election
Visitors’ Programmes (IEVPs) in 2020, 2021 and 2022 were organized in virtual format
amid the Covid-19 pandemic.

New Initiatives
The Commission has taken several new initiatives in the recent past. Notable among
these are, a scheme for use of State owned Electronic Media for broadcast/telecast
by Political parties, checking criminalisation of politics, computerisation of electoral
rolls, providing electors with Identity Cards, simplifying the procedure for
maintenance of accounts and filling of the same by candidates and a variety of
measures for strict compliance of Model Code of Conduct, for providing a level
playing field to contestants during the elections.

The Commission with a view to reform electoral process has taken some more
initiatives recently, which are given below:

1. Requirement of publishing details of candidates with pending criminal cases:

In pursuance of the directions given by the Hon'ble Supreme Court in its Order dated
13.02.2020 the Commission, after due consideration has directed that all political
parties, that set up candidates with criminal antecedents, either pending cases or
cases of past conviction shall scrupulously follow each of the directions given by
Hon’ble Supreme Court in its judgment in all future elections to the Houses of
Parliament and State Legislatures.

2. Optional Postal Ballot facility for Absentee voters:

Rule 27A of the Conduct of Elections Rules, 1961 has been amended vide Notifications
dated 22.10.2019 and 19.06.2020. By the said two amendments “Absentee voters” have
an option entitled to vote by postal ballot. “Absentee Voter” has been defined in
clause (aa) of Rule-27A of the Conduct of Elections Rules, 1961, and includes person
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 who is employed in essential services, senior citizens, persons with disability and
COVID 19 suspect or affected persons. The category of essential service is notified by
the Election Commission under Section 60(C) of the RP Act, 1951 in consultation with
the Central Government.

3. Optional facility of online data entry of personal details by candidates in

Nomination Form and Affidavit:

In order to move forward in the way of digital India and to minimize scope of mistakes
in nomination form and the affidavit (Form-26), the Commission has provided an
optional facility to the candidates for online data entry of personal details in
nomination form. This facility is available for the candidates through the Election
Commission's Suvidha portal (https://suvidha.eci.gov.in).

4. Requirement of publishing details of candidates with criminal antecedents

contesting election:

In pursuance of the Hon’ble Supreme Court’s judgment in the matter, the

Commission has issued instructions for publishing details of criminal antecedents of
the contesting candidates by the political parties and the candidates themselves.
Various Formats for publishing such details have also been devised by the
Commission.

5. Eco-friendly elections:

Commission has been asking all the political parties and instructed to take adequate
steps and measures to not use single-use plastic as campaign materials (posters,
banners etc.,) during the elections in the interest of human health and environment.

6. Four qualifying dates for enrolment in the Electoral Roll:-

The Law has been amended to provide four qualifying dates for enrolment in the
electoral roll. Now any citizen turning 18 years on 1st January, 1st April, 1st July or 1st
October can file his claim for enrolment in any quarter of the year.

7. Free time on DD & AIR to political parties to propagate the policies.

Commission notified a Scheme for use of Govt. owned Electronic media by Political
parties, on 16th January 1998 which also holds a statutory basis under Section 39A of
the R.P. Act, 1951 which provides free time on DD & AIR. Recently, the Commission has
amended the existing scheme by introducing a provision to issue digital time
vouchers through an Information Technology (IT) platform. With this facilitation, the
political parties will not be required to send their representatives to EC/CEO Offices for
collection of the time vouchers physically during elections.
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Election Commission of India

The Election Commission of India is an autonomous constitutional authority responsible for administering election
processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India,
and the offices of the President and Vice President in the country.

 Nirvachan Sadan, Ashoka Road, New Delhi 110001

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