ELECTION

COMMISSION
OF INDIA
Preetika Tiwari
230246
CONTENTS
WHAT IS ECI and the Constitutional mandate
Background and evolution
composition
functions
role in conducting free and fair electionS
CASE STUDIES
-2024 LOK SABHA ELECTIONS
-SUCCESS OF SVEEP
CONCLUSION
 WHAT IS ECI AND CONSTITUTIONAL PROVISIONS
RELATED TO IT
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. Articles 324 to 329
contained in Part XV of the constitution contains provision in relation to ECI.
Article 324-Superintendence, direction and control of elections to be vested in an
Election Commission
UK Singh and Anupama Roy argue that Article 324 has become a ‘reservoir of powers’
giving the ECI scope for the exercise of residuary powers in a variety of situations.
Article 325-No person to be ineligible for inclusion in, or to claim to be included in
a special, electoral roll on grounds of religion, race, caste or sex.
Article 326-Elections to the House of the People and to the Legislative Assemblies
of States to be on the basis of adult suffrage.
 Article 327-Power of Parliament to make provision with respect to elections to
Legislatures.
Article 328-Power of Legislature of a State to make provision with respect to elections
to such Legislature
Article 329-Bar to interference by courts in electoral matters.
Apart from these articles therr are two important acts related to elections in India-
Representation of people act,1950 which has following provisions-
1. Allocation of seats in the House of the People, the State Legislative Assemblies and the
State Legislative Councils.
2. Delimitation of Parliamentary, Assembly and Council Constituencies.
3. Election officers like chief electoral officers, district election officers, electoral
registration officers and so on.
4. Electoral rolls for Parliamentary, Assembly and Council constituencies.
5. Manner of filling seats in the Council of States to be filled by representatives of union
territories.
6. Local authorities for purposes of elections to the State Legislative Councils.
7. Barring the jurisdiction of civil courts
 Representation of people act 1951 which has following
provisions-
1. Qualifications and disqualifications for membership of
Parliament and State Legislatures
2. Notification of general elections
3. Administrative machinery for the conduct of elections
4. Registration of political parties
5. Conduct of elections
6. Free supply of certain material to candidates of recognised
political parties
7. Disputes regarding elections
8. Corrupt practices and electoral offences
9. Powers of Election Commission in connection with inquiries as
to disqualifications of members.
10. Bye-elections and time limit for filling vacancies.
11. Miscellaneous provisions relating to elections.
12. Barring the jurisdiction of civil courts.
 BACKGROUND AND EVOLUTION
The ECI was set up in 1950 as a constitutional body with Sukumar Sen
as the first Chief election Commisssioner. UK Singh and Anupama Roy
say that the ECI was unlike other administrative institutions of the
state such as the police, the bureaucracy and the army, all of which
reflected the structural logic of ‘rule and authority’ of the colonial
state.
The ECI has a different pedigree, which makes for a different set of
rules of recognition and validation of its authority. Provided for by
Shri Sukumar Sen the Constitution of India, the ECI does not owe its existence to a law
of the parliament. Furthermore,the constitution makes the ECI pre-
eminent in the domain of superintendence, direction and control of
elections (Article 324)
 As far as evolution of ECI is concerned Since its inception in
1950 and till 15 October 1989, the election commission
functioned as a single member body consisting of the Chief
Election Commissioner. On 16 October 1989, the president
appointed two more election commissioners to cope with the
increased work of the election commission on account of
lowering of the voting age from 21 to 18 years. Thereafter,
the Election Commission functioned as a multimember body
consisting of three election commissioners. However, the two
posts of election commissioners were abolished in January 1990
and the Election Commission was reverted to the earlier
position. Again in October 1993, the president appointed two
more election commissioners. Since then and till today, the
Election Commission has been functioning as a multi-member
body consisting of three election commissioners
 COMPOSITION OF ECI
Article 324 of the Constitution has made the following provisions with regard
to the composition of election commission:
1. The Election Commission shall consist of the chief election commissioner and
such number of other election commissioners, if any, as the president may from
time to time fix.
2. The appointment of the chief election commissioner and other election
commissioners shall be made by the president.
3. When any other election commissioner is so appointed, the chief election
commissioner shall act as the chairman of the election commission.
4. The president may also appoint after consultation with the election
commission such regional commissioners as he may consider necessary to assist
the election commission.
5. The conditions of service and tenure of office of the election commissioners
and the regional commissioners shall be determined by the president.
Current election commissioners

Shri Gyanesh Kumar Dr Sukhbir Singh Sandhu Dr. Vivek Joshi

 FUNCTIONS OF ECI
The powers and functions of the Election Commission with regard to elections to the Parliament,
state legislatures and offices of President and Vice-President can be classified into three
categories, i.e., 1. Administrative 2. Advisory 3. Quasi-Judicial functions are as follows-
1.Administrative Functions
To determine the territorial areas of the electoral constituencies throughout the country
on the basis of the Delimitation Commission Act of Parliament.
To prepare and periodically revise electoral rolls and to register all eligible voters.
To notify the dates and schedules of elections and to scrutinise nomination papers.
To grant recognition to political parties and allot election symbols to them.
To appoint officers for inquiring into disputes relating to electoral arrangements.
To determine the code of conduct to be observed by the parties and the candidates at the
time of elections.
To register political parties for the purpose of elections and grant them the status of
national or state parties on the basis of their poll performance.
 To prepare a roster for publicity of the policies of the political parties on radio and TV in
times of elections.
To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
To request the president or the governor for requisitioning the staff necessary for
conducting elections.
To supervise the machinery of elections throughout the country to ensure free and fair
elections.
2. Advisory Functions
To advise the president on matters relating to the disqualifications of the members of
Parliament.
To advise the governor on matters relating to the disqualifications of the members of state
legislature.
To advise the president whether elections can be held in a state under President’s Rule in
order to extend the period of emergency after one year.
3. Quasi Judicial Functions
To act as a court for settling disputes related to granting of recognition to political
parties and allotment of election symbols to them.
Hierarchy of the election machinery
 ROLE IN CONDUCTING FREE AND FAIR ELECTIONS
The Election Commission of India (ECI) plays a foundational role in upholding the democratic integrity
of India by ensuring the conduct of free and fair elections. The ECI has played a significant role in
conducting free and fair elections by bringing about key electoral reforms. some of them are discussed
below
1.Electronic Voting Machines
In 1989, a provision was made to facilitate the use of Electronic Voting Machines (EVMs) in elections.
The EVMs were used for the first time in 1998 on experimental basis in selected constituencies in the
elections to the Assemblies of Rajasthan, Madhya Pradesh and Delhi. The EVMs were used for the
first time in the general elections (entire state) to the Assembly of Goa in 1999.
2.Booth Capturing
In 1989 , a provision was made for adjournment of poll or countermanding of elections in case of
booth capturing. Booth capturing includes: (i) seizure of a polling station and making polling authorities
surrender ballot papers or voting machines (ii) taking possession of polling station and allowing only
one’s own supporters to exercise their franchise (iii) threatening and preventing any elector from
going to polling station and (iv) seizure of the place being used for counting of votes
3.Elector’s Photo Identity Card (EPIC)
The use of electors’ photo identity cards by the Election Commission is surely making the electoral process
simple, smoother and quicker. A decision was taken by the Election Commission in 1993 to issue photo
identity cards to electors throughout the country to check bogus voting and impersonation of electors at
elections. The electoral roll is the basis for issue of EPICs to the registered electors. The electoral rolls
are normally revised every year with 1 st January of the year as the qualifying date. Every Indian citizen
who attain the age of 18 years or above as on that date is eligible for inclusion in the electoral roll and can
apply for the same. Once he is registered in the roll, he would be eligible for getting an EPIC.
4.Introduction of NOTA Option
According to the directions of Supreme Court, the Election Commission made provision in the ballot papers
/ EVMs for None of the Above (NOTA) option so that the voters who come to the polling booth and decide
not to vote for any of the candidates in the fray, are able to exercise their right not to vote for such
candidates while maintaining the secrecy of their ballot.
5.Restrictions Imposed on Exit Polls
According to a 2009 provision , conducting exit polls and publishing results of exist polls would be
prohibited during the election to Lok Sabha and State Legislative Assemblies. Thus, no person shall conduct
any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other
manner, the result of any exit poll during the period notified by the Election Commission in this regard.
6. Right to know
Singh and Roy have elaborately talked about this in their paper titled “Regulating the electoral
domain: The Election Commission of India.”The enhancement of the right to vote has been made
possible through the recognition of a right to know of the citizen-voter. The Supreme Court
judgment affirming ‘the right to know’ of the citizen-voter came in the context of an appeal by
the central government against a Delhi High Court judgment on 2 November 2000 which
directed the election commission to seek information on the background, assets and capability
of candidates contesting elections. The high court judgment came in response to a petition filed
by the Association for Democratic Reforms (ADR) asking for directions from the court for the
implementation of the recommendations made in the 170th report of the law commission, which
had reviewed the Representation of the People Act (RPA), 1951, and recommended that a
candidate contesting elections must furnish the details of criminal cases against him/her and
assets owned by him/her and dependent family members.The Supreme Court insisted that
democracy could not survive ‘without free and fair elections, without free and fairly informed
voters’. Arguing that votes cast by ‘uninformed voters’, would be ‘meaningless’, the judges
construed the ‘casting of votes’ as a form of ‘speech and expression.
7.Election Time and Electoral legal exceptionalism
Singh and Roy quoting Thompson say that election times are distinct moments in the political
lives of democracies. They are part of the political process, but they also stand apart because
they have distinctive temporal rhythms and they open up spaces for democratic deliberation
which are structured differently from those that obtain in ‘normal’ times. Elections also
constitute ‘special time’, which is characterised by the reversal/deferral in the
normal/ordinary working of power to provide conditions for an unfettered exercise of popular
sovereignty.
Different ways of understanding "election time" focus on the values and principles of
democracy. However, at their core, they are linked to how elections are managed through rules
and procedures. One important idea is the “legal doctrine of electoral exceptionalism”, which
means that elections can be regulated more strictly than normal politics. An extraordinary legal
regime in election time is, therefore, considered conducive to the reinforcement of democracy
since it suspends institutional sovereign power and releases popular sovereignty. The
extraordinary nature of election time is characterised by both a bar on judicial interference in
the constitution and a corresponding juridical vacuum explicitly laid down in the RPA, 1951, for
addressing issues that arise in the course of the conduct of elections.
8.Model Code of Conduct
The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of
India to regulate the conduct of political parties and their candidates in the run-up to elections.
These guidelines range from issues related to speeches, polling day, polling booths, portfolios,
the content of election manifestos, processions, and the general conduct of the political
candidates. The primary objective of the Model Code of Conduct (MCC) is to ensure that
campaigns, polling, and counting proceed in an orderly, transparent, and peaceful manner.
Singh and Roy argue that “”the MCC, introduced an innovation by providing a disciplinary regime
for political parties, empowering the election commission to call political parties to order,
making them accountable for the conduct of individual members. Moreover, while the legal
frameworks pertaining to electoral offences and corrupt practices under the RPAs, come into
effect only after the electoral process is over, the MCC comes into play during election time,
ensuring the direct disciplinary control of the election commission over political parties,
offering a system of supplementary legality to plug the legal vacuum that exists during election
time.””
 CASE STUDIES
2024 LOK SABHA ELECTIONS

The Lok sabha elections 2024 in India marked the 18th Lok Sabha elections since
independence. As the world's largest democratic exercise, these elections were crucial in
determining the political direction of the country for the next five years. The ECI was at the
forefront for the smooth conduct of these elections.
Under the leadership of Chief Election Commissioner Rajiv Kumar, the elections
witnessed a historic participation of 643 million voters, including 312 million women
voters .
The Election Commission of India left no stone unturned in the pursuit of inclusive and
accessible elections. From facilities like Home Voting to enhancing the Postal Ballot
system, each initiative was an endeavour to support the meaningful participation of
marginalised segments of society.
 CASE STUDIES
2024 LOK SABHA ELECTIONS
To ensure that every registered voter gets to participate in the elections, the Election Commission
of India introduced the facility of home voting - a method by which the right to vote reaches the
doorstep of the voter. This convenient option is for people who are unable to visit the polling booth
due to various reasons. This included-
Persons with disability , People above 80 years of age ,Those employed in essential services , COVID-19
suspects or affected persons
The Election Commission of India has also made significant progress in promoting inclusive elections
that aim to ensure equal participation and representation of all citizens by informing, motivating and
facilitating each of them to register and exercise their franchise regardless of their caste, religion,
gender, ethnicity, social background etc.
Special Registration Drives are being organised with the help of Transgender CSOs and national
Transgender networks.
PVTGs (Particularly Vulnerable Tribal Groups): • A collaboration with the Ministry of Tribal Affairs
has supported the election machinery to reach out to PVTG voters who are not enroled as electors.
 CASE STUDIES
2024 LOK SABHA ELECTIONS
The Know Your Candidate (KYC) app was a mobile application developed by the Election Commission
of India (ECI) to help citizens know about the criminal antecedents of candidates contesting
elections.
A strong and vibrant democracy is founded on the bedrock of inclusion and participation of each
and every individual of the Nation. The Commission is also committed to build an equal access
framework for Persons with Disabilities (PwDs) supported by the fundamentals of responsiveness,
respect and dignity to enhance elector confidence among them; and support initiatives for
improved service offerings and finally enhancing their electoral participation. In furtherance of
this commitment, the Commission developed Saksham ECI App (earlier PwD App) exclusively to
facilitate the needs of PwD voters. The PwD voters can use the app to avail various services
starting from the process of registration to poll day facilitation.
Overall,The ECI's efforts contributed to strengthening democratic values and public trust in the
electoral system. The 2024 General Elections underscored the Election Commission of India's pivotal
role in upholding the democratic fabric of the nation.
 CASE STUDY 2: SUCCESS OF SVEEP
SVEEP or Systematic voters’ Education and electoral participation is an initiative by ECI for voter education,
spreading voter awareness and spreading voter literacy in India. Singh and Roy state that “SVEEP is also distinctive
because it moves away from placing the ECI’s functions within a framework of enhancing the electoral space as an
arena of political morality and couches it in idioms of efficient governance.” Further, Singh and Roy to show the
success of SVEEP give the example of Reasi district of Jammu and Kashmir.
The SVEEP initiative in Reasi district, Jammu and Kashmir, was recognized as a national best practice and awarded
the Prime Minister’s Award for Excellence in Public Administration in 2015. Under the campaign titled ‘Jashn-e-
Jamhuriat’ (Celebrating Democracy), the district witnessed a remarkable rise in voter turnout—from 43% in
2009 to 81% in 2014.
Previously excluded groups such as nomadic Gujjars and Bakerwals, migrants, women, and persons with disabilities
were included in the electoral process through innovative outreach. The effort involved not just registration and
EPIC distribution, but deep engagement with remote communities like those in Mehore tehsil in the Pir Panjal range,
once used by insurgent routes.
In village Sungri, during a Jirgah gathering of Gujjars and Bakerwals, people expressed how this election felt
different. They said they voted with “jaddozahad (effort), jazbaat (passion), and shauk (interest)”, and now
wanted their vote to be honoured (kadra) with real development—schools, hospitals, employment, and
infrastructure.
Singh and Roy state that “The calculus was simple—the vote was not an empty exercise of support to be renewed
after five years. It was a promise extracted by the people from those who asked them for their votes.”
 In 2024 Lok Sabha elections, the ECI used SVEEP Phase 4. The fourth phase of SVEEP4
builds on the key learnings and progress made in electoral participation during the last 12
years. From the erstwhile IMF (Information, Motivation and Facilitation) paradigm, this
strategy envisages a transition to a more holistic IMF-EEE (Information, Motivation,
Facilitation, Engagement, Education and Empowerment) paradigm with a focus on emphasis
on booth level micro-planning, identification of non-voters (Polling Station wise and
Assembly Constituency wise).
SVEEP KIT FOR VOTERS A Personalised Welcome Kit To Voters
As EPIC is the first formal interaction point of voters with the Commission, in order to
standardise the experience and give a personalised touch to the EPIC delivery, all CEOs were
directed to hand over/deliver/ courier a specially designed kit to newly registered electors. This
kit contained a personalised letter along with a voter guide and voters pledge. The States and
Union Territories were also encouraged to translate the content suitably in their regional
language.
 CONCLUSION
Thus, in conclusion one can say that ECI is truly the backbone of our democracy.
From ensuring free and fair elections to empowering every citizen with the right
to vote, the ECI has constantly evolved to meet the changing needs of our
society. Whether it’s enforcing the Model Code of Conduct, introducing voter
education through SVEEP, or managing elections in the most remote and
challenging areas, the ECI plays a role that goes far beyond logistics.
As we've seen through case studies like the 2024 General Elections and SVEEP
in Reasi, the ECI is not only a regulator but also a guardian of democratic
values, working tirelessly to make sure every voice is heard. In the end, the
strength of a democracy lies not just in how elections are held, but in how
inclusive, fair, and empowering they are—and the ECI stands at the very heart
of that promise.
Thank
you!