6/5/24, 5:40 PM Election Commission of India (ECI)

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Election Commission of India
(ECI)
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By NEXT IAS Content Team - March 19, 2024

Election Commission of India (ECI)

The Election Commission of India (ECI), a constitutional

body, stands as a cornerstone of Indian democracy. Through
free, fair, and transparent elections in India, it ensures that the
voice of the Indian populace is heard through the ballot. This
article of NEXT IAS aims to study in detail the Election
Commission of India (ECI), including its constitutional
mandate, composition, powers, functions, challenges faced by
it, and other related aspects.

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6/5/24, 5:40 PM Election Commission of India (ECI)

1. About Election Commission of India (ECI)

2. Constitutional Provisions related to the
Election Commission of India (ECI)
→ 3. Composition of Election Commission of
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India
4. Appointment of Members of ECI
5. Term of Members of ECI
6. Resignation of Members of ECI
7. Removal of Members of ECI
7.1. Removal of the Chief Election
Commissioner
7.2. Removal of Election Commissioner and
Regional Commissioners
8. Salary and Allowances of the Members of
the ECI
9. The Chief Election Commissioner Vis-a-vis
Election Commissioners
10. Power and Functions of ECI
10.1. Administrative Functions
10.2. Advisory Functions
10.3. Quasi-Judicial Functions
11. Assisting Machinery of ECI
11.1. Deputy Election Commissioners (DEC)
11.2. Chief Electoral Officer (CEO)
11.3. District Returning Officer (DRO)
11.4. Returning Officer (RO)
11.5. Presiding Officer (PO)
12. Independence of Election Commission of
India (ECI)
12.1. Constitutional Provisions Ensuring
Independence of ECI
12.2. Factors Hampering the Independence
of ECI

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13. Supreme Court’s Directions to Promote

Independence of ECI
14. Issues with Election Commission of India
→ 15. Way Forward
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16. Constitutional Provisions Related to

Elections in India
17. Frequently Asked Questions (FAQs)
17.1. When was the Election Commission of
India (ECI) Established?
17.2. Where is the Secretariat of ECI?
17.3. What is Article 324?
17.4. Who appoints the Members of the
Election Commission?

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About Election Commission of India

(ECI)
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The Election Commission of India (ECI) is a permanent and

independent established by the Constitution of India to
ensure free and fair elections in the country.
Since it is established directly under the provisions of the
Constitution, it is a Constitutional Body.

The ECI is an All-India body in the sense that it is common

to both the Central and the State governments.

The Constitution vests the Election Commission of India

(ECI) with the power of superintendence, direction, and
control of elections to
Parliament – Lok Sabha and Rajya Sabha

State Legislatures – State Legislative Assembly and

State Legislative Council (if exist)

Office of President of India

Office of Vice-President of India

It is to be noted that the ECI is not concerned with

conducting elections to Panchayats and Municipalities in
the States.
For this purpose, the Constitution of India provides for a
separate State Election Commission in each State.

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Constitutional Provisions related to

the Election Commission of India (ECI)
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Article 324 of the Constitution of India deals with the

provisions related to the Election Commission of India
(ECI).
The article contains detailed provisions regarding the
composition of the ECI, appointment and service
conditions of its members, powers and functions of the
ECI, and other related aspects.

Composition of Election Commission

of India
Article 324 of the Constitution has made the following
provisions about the composition of the Election Commission
of India:

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It shall consist of the Chief Election Commissioner (CEC)

and such number of other Election Commissioners (ECs)
as the President may from time to time fix.
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The appointment of CEC and other ECs shall be made by

the President.

When any other Election Commissioner is so appointed, the

Chief Election Commissioner shall act as the Chairman of
the ECI.

The President may also appoint after consultation with the

ECI such Regional Commissioners (RCs) as he may
consider necessary to assist the ECI.

The conditions of service and tenure of office of the

Election Commissioners and the Regional Commissioners
shall be determined by the President (subject to any related
law made by the Parliament).

Note: At present, the Election Commission of India consists

of a Chief Election Commissioner and two Election
Commissioners.

Appointment of Members of ECI

As per the Chief Election Commissioner and other Other
Election Commissioners (Appointment, Conditions of Service
and Term of Office) Act, 2023, the Chief Election
Commissioner and the Election Commissioners are appointed

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by the President of India on the recommendation of a three-

membered Selection Committee consisting of:

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The Prime Minister of India
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A Union Minister nominated by the Prime Minister

The Leader of Opposition (LoP) in the Lok Sabha

A Search Committee headed by the Cabinet Secretary

suggests five names to the Selection Committee. The Selection
Committee is not bound to these name suggestions and may
consider any person other than those suggested by the
Search Committee. It is to be noted that the process of
appointment of the Chief Election Commissioner and the
Election Commissioners has changed recently in 2023. Before
this, they were appointed by the President on the
recommendation of the Union CoM.

Term of Members of ECI

According to the Election Commission (Conditions of Service
of Election Commissioners and Transaction of Business) Act,
1991, the Chief Election Commissioner and the Election
Commissioners hold office for a term of 6 years or until they
attain the age of 65 years, whichever is earlier.

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Resignation of Members of ECI

According to the Election Commission (Conditions of Service
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of Election Commissioners and Transaction of Business) Act,
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1991, the Chief Election Commissioner and the Election

Commissioners can resign at any time by writing to the
President.

Removal of Members of ECI

Removal of the Chief Election Commissioner

The Chief Election Commissioner can be removed in the

same manner and on the same grounds as a judge of the
Supreme Court.
In other words, he/she can be removed by the President
on the basis of a resolution passed to that effect by both
Houses of Parliament with a Special Majority, either on
the grounds of proved misbehaviour or incapacity.

Removal of Election Commissioner and

Regional Commissioners

Any other Election Commissioner or a Regional

Commissioner is removed from office on the
recommendation of the Chief Election Commissioner.
Thus, the protection of security of tenure, which is
available to the Chief Election Commissioner, is not
available to the other Election Commissioners.

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Salary and Allowances of the

Members of the ECI
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According to the Election Commission (Conditions of Service

of Election Commissioners and Transaction of Business) Act,
1991, the Chief Election Commissioner (CEC) and two Election
Commissioners (ECs) receive equal salaries, allowances, and
other prerequisites that are similar to those of the judge of
the Supreme Court.

The Chief Election Commissioner Vis-

a-vis Election Commissioners
As per the Election Commission (Conditions of Service of
Election Commissioners and Transaction of Business) Act,
1991:

The Chief Election Commissioner and the two other

Election Commissioners are equal in terms of their powers
and other perquisites.

In case of a difference of opinion amongst the Chief

Election Commissioner and/or two other Election
Commissioners, the matter is decided by the Commission
by majority.

Thus, though the Chief Election Commissioner is the chairman

of the Election Commission, the other Election Commissioners
have an equal say in deciding a matter.
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Power and Functions of ECI

The powers and functions of the Election Commission of
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India can be classified into three categories as explained
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below

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Administrative Functions

to determine territorial areas of electoral constituencies

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to prepare and periodically revise electoral rolls and to

register all eligible voters.

to notify the dates and schedules of elections and to

scrutinize nomination papers.

to grant recognition to political parties and allot election

symbols to them.

to determine the Model Code of Conduct (MCC).

to prepare a roster for publicity of policies of political

parties on radio and TV.

to cancel polls in the event of rigging, booth capturing, etc.

to request the President or Governor to requisition the staff

necessary for conducting elections.

to supervise the machinery of elections throughout the

country to ensure free and fair elections.

to register political parties for elections and grant them the

status of national or state parties based on their poll
performance.

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Advisory Functions

to advise the President on matters relating to

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to advise the Governor on matters relating to

disqualifications of members of the State Legislature

to advise the President whether elections can be held in a

State under the President’s Rule.

Quasi-Judicial Functions

to act as a court for settling disputes related to granting

recognition to political parties and allotment of election
symbols to them.

to appoint officers to inquire into disputes relating to

electoral arrangements.

Assisting Machinery of ECI

The Election Commission of India (ECI) relies on a well-
structured machinery comprising various roles and
responsibilities to support the electoral process:

Deputy Election Commissioners (DEC)

These Commissioners are drawn from civil services and

appointed by the ECI with a tenure system. They are assisted
by the Secretaries, Joint Secretaries, Deputy Secretaries, and
Under Secretaries.
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Chief Electoral Officer (CEO)

These officers are appointed at the State level, by the Chief

→Election Commissioner in consultation with the State
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Government.

District Returning Officer (DRO)

These officers are appointed at the district level. The Collector
acts as the DRO for every constituency in the district.

Returning Officer (RO)

These officers are appointed by the DRO for every

constituency.

Presiding Officer (PO)

These officers are appointed by the DRO for every polling

booth.

Independence of Election Commission

of India (ECI)

Constitutional Provisions Ensuring

Independence of ECI
Article 324 of the Indian Constitution has made certain
provisions to ensure the independent and impartial

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functioning of the Election Commission of India (ECI). The

most important of them can be seen as follows:

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The Chief Election Commissioner (CEC) is provided with
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the security of tenure. He/she can be removed only in the

manner and on the same grounds as mentioned in the
Constitution.

Though the Constitution does not protect the security of

tenure for other Election Commissioners or a Regional
Commissioner, they cannot be removed from office except
on the recommendation of the CEC.

The service conditions of the Chief Election Commissioner

and other Election Commissioners cannot be varied to
his/her disadvantage after their appointment.

Factors Hampering the Independence of ECI

1. The Constitution has not prescribed the qualifications for
members of the Election Commission of India.

2. The Constitution has not specified the term of members of

the Election Commission of India.

3. The Constitution has not prohibited varying service

conditions of Election Commissioners after their
appointment.

4. The Constitution has not debarred retiring Election

Commissioners from any further appointment by the
Government.

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Supreme Court’s Directions to

Promote Independence of ECI
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In Anoop Baranwal vs Union of India Case (2023), the

Supreme Court gave the following directions to ensure the
independence and neutrality of the Election Commission:

Appointment of the Chief Election Commissioner (CEC)

and the other Election Commissioners (ECs) shall be made
on the recommendations of a three·member committee
consisting of the following:
The Prime Minister,

The Leader of the Opposition in the Lok Sabha and

The Chief Justice of India.

The grounds for removal of the other Election

Commissioners should be the same as that of the Chief
Election Commissioner i.e., on the like grounds as a Judge
of the Supreme Court subject to the recommendation of
the Chief Election Commissioner.

Issues with Election Commission of

India
Apart from the above-mentioned factors, the ECI faces several
other challenges which hamper its impartial and effective
functioning. Some of the prominent challenges faced by the
ECI are as follows:
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Political Interference – The ECI faces pressure from political

parties and powerful interest groups, which seek to
influence electoral outcomes through unfair means. Such
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political interference undermines the autonomy and
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impartiality of the ECI, posing a threat to the credibility of

elections.

Limited Powers – The ECI’s power to enforce its decisions

and punish offenders is limited. This hinders its ability to
effectively implement regulations and ensure compliance
with electoral laws.

Electoral Fraud and Malpractice – The ECI grapples with

the perennial challenge of combating electoral fraud and
malpractice, such as voter intimidation, use of money and
muscle powers, etc.

Electoral Violence – Electoral violence, including clashes

between political parties and attacks on polling booths,
continues to remain a significant concern for the ECI.

Technological Challenges – With the increasing use of

technology in elections, the ECI faces challenges related to
the security and integrity of the electoral process. For
example, the rigging of Electronic Voting Machines (EVMs).

Disinformation and Fake News – The proliferation of

disinformation, hate speeches, and fake news on social
media platforms poses a challenge to the ECI’s efforts to
ensure informed and fair elections.

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Electoral Reforms – Implementing comprehensive electoral

reforms to address systemic issues, such as regulations of
political party funding, internal party democracy, etc is a
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persistent challenge for the ECI.
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Way Forward
The ECI should intensify efforts to educate voters about
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their rights and responsibilities, the electoral process, and
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the importance of participation in democracy through

various communication channels, including social media,
educational programs, and community outreach initiatives.

The ECI should advocate for comprehensive electoral

reforms to address loopholes and shortcomings in existing
laws and regulations through measures such as
transparency in campaign financing, integrity of electronic
voting systems, and curbing electoral malpractices through
stricter enforcement mechanisms.

The ECI should invest in modernizing electoral

infrastructure such as electronic voting machines (EVMs),
voter registration systems, polling facilities, etc.

The ECI should collaborate with law enforcement agencies

to enhance security measures during elections and combat
electoral violence, intimidation, and fraud by deploying
adequate security personnel, implementing strict protocols
to safeguard polling booths and election materials, and
prosecuting offenders swiftly.

The ECI should promote transparency and accountability in

electoral processes by ensuring fair and impartial conduct
of elections, disclosing information on election funding and
expenditures, and facilitating robust mechanisms for
monitoring and reporting electoral violations.
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The ECI should engage in knowledge-sharing and

capacity-building initiatives with international counterparts
and election monitoring organizations to exchange best
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practices, enhance technical expertise, and foster
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cooperation in promoting free and fair elections.

The ECI should prioritize open dialogue with stakeholders,

including political parties, civil society organizations, and
the media, to address concerns, solicit feedback, and
promote transparency and inclusivity in decision-making
processes.

The Election Commission of India (ECI) stands as a bulwark

of democracy, ensuring the sanctity of electoral processes and
upholding the democratic ideals enshrined in the Constitution.
With its unwavering commitment to free and fair elections, the
ECI plays a pivotal role in fostering political participation,
safeguarding the rights of citizens, and strengthening the
democratic fabric of the nation. Necessary steps should be
taken to enhance its independence and give more teeth to it.

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Constitutional Provisions Related to

Elections in India
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Article 324 to Article 329 in Part XV of the Indian

Constitution contains detailed provisions regarding elections
in India. Here’s a brief overview of these provisions:

Article
Subject-matter
No.

Superintendence, direction, and control of

Article
elections are to be vested in an Election
324
Commission.

No person is to be ineligible for inclusion in or to

Article
claim to be included in a special, electoral roll on
325
grounds of religion, race, caste, or sex.

Elections to the House of the People and the

Article
Legislative Assemblies of States to be based on
326
adult suffrage.

Article Power of Parliament to make provisions with

327 respect to elections to Legislatures.

Article Power of State Legislature to make provisions

328 with respect to elections to such Legislature.

Article
Bar to interference by Courts in electoral matters.
329

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Frequently Asked Questions (FAQs)

→When was the Election Commission of India

(ECI) Established?
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The Election Commission of India (ECI) was established on

25th January 1950. This day (25th January) is celebrated
annually as National Voters’ Day.

Where is the Secretariat of ECI?

The Secretariat of the Election Commission of India (ECI) is in
New Delhi.

What is Article 324?

Article 324 of the Indian Constitution deals with the functions

and powers of the Election Commission of India, which is
responsible for conducting elections to the Parliament and
State Legislatures.

Who appoints the Members of the Election

Commission?
The President of India appoints the members of the Election
Commission.

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NEXT IAS Content Team

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