Election Commission of India

Election regulatory body of India

WebsiteOfficial Website
This article is part of a series on the
Politics of India
  • Constitution and law
  • Constitution of India

  • Law of India


  • Code of Civil Procedure (India)
Foreign relations
  • Ministry of External Affairs







  • Policy Of India
flag India portal
  • v
  • t
  • e
Part of the Politics series
Elections
Ballot box
icon Politics portal
  • v
  • t
  • e

The Election Commission of India (ECI) is a constitutional body established by the Constitution of India to conduct and regulate elections in the country. Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections to parliament, state legislatures, the office of the president of India, and the office of vice-president of India shall be vested in the election commission. Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments.[4]

The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of the country.[3][5] The Election Commission operates under the authority of Constitution per Article 324,[6] and subsequently enacted Representation of the People Act.[7] The commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election. It is a permanent constitutional body.

The building of the Election Commission in New Delhi.

Structure

The commission was established in 1950 and originally only had one Chief Election Commissioner. Two additional Commissioners were appointed to the commission for the first time on 16 October 1989 (on the eve of the 1989 General Election), but they had a very short tenure, ending on 1 January 1990. "The Election Commissioner Amendment Act, 1989" was adopted on 1 January 1990 which turned the commission into a multi-member body: a 3-member Commission has been in operation since then and the decisions by the commission are made by a majority vote.[3][8]

The commission is served by its secretariat located in New Delhi.[3] The Election Commissioners are assisted by Deputy Election Commissioners, who are generally IAS officers. They are further assisted by Directors General, Principal Secretaries, and Secretaries and Secretaries.[3][9]

At the state level, the Election Commission is assisted by the Chief Electoral Officer of the State, who is an IAS officer of Principal Secretary rank. At the district and constituency levels, the District Magistrates (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work.[3][9]

Tenure

The tenure of election commissioners is not prescribed by the Indian Constitution. However, according to the 1991 Election Commission Act, the Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years, or up to the age of 65 years, whichever is earlier, from the date on which he/she assumes his/her office.[10]

Removal from office

The Chief Election Commissioner of India can be represented removed from their office the removal of a judge of the Supreme Court of India which requires a resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehaviour or incapacity.

Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner. A Chief Election Commissioner has never been impeached in India.

In 2009, just before the 2009 Lok Sabha Elections, Chief Election Commissioner N. Gopalaswami sent a recommendation to President Prathibha Patil to remove Election Commissioner Navin Chawla, who was soon to take office as the chief election commissioner and to subsequently supervise the Lok Sabha general election, a potential conflict of interest considering his partisan political party behaviour.[11] The President opined that such a recommendation is not binding on the president, and hence rejected it.[12] Subsequently, after Gopalswami's retirement the next month, Chawla became the chief election commissioner and supervised the 2009 Lok Sabha general elections.[13]

Functions

One of the most important features of the democratic policy in India is elections at regular intervals. Holding periodic, free and fair elections is essential to a democratic system and a part of the basic structure of the Constitution. The Election Commission is regarded as the guardian of elections in the country. In every election, it issues a Model Code of Conduct for political parties and candidates to conduct elections in a free and fair manner. The commission issued the Code of Conduct for the first time in 1971 for the 5th Lok Sabha elections and has revised it from time to time. It lays down guidelines for the conduct of political parties and candidates during an election period. However, there have been instances of violation of the code by various political parties with complaints being received for misuse of official machinery by the candidates.[14][15] The code does not have any specific statutory basis but only a persuasive effect.[14][15] It contains the rules of electoral morality.[14][15] However, this lack of statutory backing does not prevent the commission from enforcing it.[14][15][16][17][18]

A law for the registration process for political parties was enacted in 1989 and some parties got registered with the commission.[19] The registration helps avoid confusion and ensures that the political parties are brought under the purview of the commission.

The election commission has the right to allow symbols to the political parties. It gives recognition to the national, state and regional parties. It sets limits on poll expenses. The commission prepares electoral rolls and updates the voter's list from time to time. Notifications of dates and schedules of election for filing nominations are issued by the commission. It is noteworthy that the Election Commission cannot allow the same symbol to two regional political parties even if they are not in the same state.[20]

The commission is empowered to prohibit the dissemination or publication of voting trends that seek to influence voters by opinion polls or exit polls.[21][22][23]

To curb the growing influence of money during elections, the Election Commission has made many suggestions and changes in this regard. The commission has appointed IRS officers of the Income Tax Department as Election Observers (Expenditure) of all elections. It has fixed the legal limits on the amount of money that a candidate can spend during election campaigns.[24][25] These limits have been revised over time. The Election Commission, by appointing expenditure observers from the Indian Revenue Service, keeps an eye on the individual account of election expenditure. The commission takes details of the candidate's assignment in an affidavit at the time of submitting the nomination paper, and they are also required to give details of their expenditure within 30 days of the declaration of results. The commission has also reduced the campaign period from 21 to 14 days for Lok Sabha and Assembly elections to cut down election expenditures.[26]

In an attempt to decriminalise politics, the Election Commission has approached the Supreme Court to put a lifetime ban on convicted politicians from contesting elections.[27][28]

Voter ID

To prevent electoral fraud, in 1993, EPICs or Electors Photo Identity Cards were issued, which became mandatory by the 2004 elections. However ration cards have been allowed for election purposes in certain situations.[29]

RONET

Software mobile application, developed for the Election Commission of India, by 01 Synergy, makes the voting process less cumbersome and ensures that the general public knows the candidates in an election. The RONet suite of web and mobile applications is for all stakeholders involved in the election process. This would help them monitor the assigned tasks at all levels for the smooth conduct of elections.[30] [31] [32] [33]

ECI360

The ECI 360 mobile application was developed for the general public — which comprises signed affidavits of the contesting candidates, a list of rejected candidates, the final list of candidates, pickup requests for voters with disability, queue status (people waiting in line to cast votes), real-time poll booth-wise polling percentage, grievance redressal, and the results. The candidate app of ECI 360 allows them to request permissions for rallies and is also mapped with redressal systems, which ensures that all the issues are sorted at the earliest.” [30] [31] [32] [33]

Voting Procedure

Voting in India is done using Electronic voting machines or EVMs,[34] there is also a provision for the Postal voting in India,[35][36] as well as the special arrangements for the disabled voters.[37][38]

Electronic voting machines (EVMs)

India has been the first country to adopt Electronic Voting at such a large scale. Electronic voting machines (EVM) were introduced by the Election Commission to reduce malpractices and improve efficiency. They were tried for the first time on an experimental basis for the 1982 Kerala State Legislative Assembly Elections. After successful testing and legal inquiries, the commission decided to begin the use of these voting machines.[34]

The introduction of Voter-verified paper audit trail (VVPAT) in eight Lok Sabha constituencies in 2014 Indian General Elections was a big achievement for the Election Commission.[39] This Voter-verified paper audit trail (VVPAT) system was first used with EVMs in a by-poll in September 2013 in Noksen (Assembly Constituency) in Nagaland.[40][41] and eventually in all elections from September 2013 onwards in various Legislative elections in the country.

NOTA Voting Symbol in India

Photo electoral rolls with photographs of the candidates on the EVMs were first introduced in the 2015 Bihar Legislative Assembly election.[42][43]

In 2014, none of the above or NOTA was also added as an option on the voting machines which is now a mandatory option to be provided in any election.[44][45] The specific symbol for NOTA, a ballot paper with a black cross across it, was introduced on 18 September 2015. The symbol has been designed by National Institute of Design, Ahmedabad.[46]

Election Commission organised an open hackathon on 3 June 2017, to attempt hacking of Electronic VotingMachinese used by the commission in various Indian elections.[47][48] The NCP and CPI(M) were the only two parties that registered for the event but none of them participated. The EVM hacking claims remained as allegations only and were usually used by the parties that lost elections.[49] Functioning of EVMs and VVPAT machines were demonstrated to the teams.[48][49]

Postal voting

Postal voting in India is done only through the "Electronically Transmitted Postal Ballot Papers (ETPB)" system of the Election Commission of India, ballot papers are distributed to the registered eligible voters who return the votes by post. Postal votes are counted first before the counting of votes from the EVM. Only certain categories of people are eligible to register as postal voters. Employees working in the union armed forces and state police as well as their spouses, and those working for the Government of India who are officially posted abroad can register for the postal vote, these are also called the "Service voters". People in preventive detention can use postal vote. Prisoners can not vote at all.[35][36] The Election Commission of India has granted permission for individuals aged 80 and above and those with physical challenges to cast their votes from the comfort of their homes using ballot papers.[50]

A senior citizen above 80 years with ballot paper casting her vote from home

Electors with disabilities

The Election Commission of India came under severe criticism when an RTI application filed by activist Dr Satendra Singh revealed the commission's ill-preparedness to safeguard electors with disabilities in the 2014 Lok Sabha elections.[37] There were many violations of the Supreme Court order from 2014 to enfranchise persons with disabilities.[38] In Karnataka, Election commission has offered sign language support to assist voters with speech and hearing impairment. [1]

Electoral Bond Disclosure

The Election Commission of India, on 14th March 2024, disclosed the data related to electoral bonds purchased from April 12, 2019 to February 15, 2024 . The electoral bonds data[51] was published on the official website.

See also

References

  1. ^ "Election Commission of India". Presentation.gov.in. Retrieved 2024-03-21.
  2. ^ "Contact Us". Election Commission of India. Archived from the original on 26 December 2016. Retrieved 10 January 2018.
  3. ^ a b c d e f "About ECI". Election Commission of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  4. ^ Laxmikanth, M. (2017). Indian polity for civil services examinations. McGraw Hill Education (India) Private Limited. ISBN 978-93-5260-363-3. OCLC 999389825. Archived from the original on 2022-05-31. Retrieved 2021-04-29.
  5. ^ "The Presidential and Vice-Presidential Elections Act, 1952 (Act No. 31 of 1952)" (PDF). Election Commission of India. 14 March 1952. Archived from the original (PDF) on 9 October 2010. Retrieved 9 September 2017.
  6. ^ "Part XV of the Constitution of India – Elections – Article 324" (PDF). Ministry of Law and Justice, Government of India. Archived from the original (PDF) on 3 December 2011. Retrieved 9 September 2017.
  7. ^ "The Representation of the People Act, 1951" (PDF). Ministry of Law and Justice, Government of India. Archived from the original (PDF) on 1 May 2015. Retrieved 9 September 2017.
  8. ^ "The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 (Act No. 11 of 1991)" (PDF). Ministry of Law and Justice, Government of India. 25 January 1991. Archived from the original (PDF) on 29 March 2017. Retrieved 9 September 2017.
  9. ^ a b Laxmikanth, M (2017). Indian Polity. McGraw Hill. p. 42.5. ISBN 9789352603633.
  10. ^ "THE ELECTION COMMISSION (CONDITIONS OF SERVICE OF ELECTION COMMISSIONERS AND TRANSACTION OF BUSINESS) ACT, 1991" (PDF). Archived from the original (PDF) on 2022-04-26.
  11. ^ Ram, N. (31 January 2009). "Chief Election Commissioner Gopalaswami 'recommends' removal of Navin Chawla". The Hindu. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  12. ^ "President rejects Gopalaswami's report against Navin Chawla". The Hindu. 2 March 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  13. ^ "A job well done". The Hindu. 15 May 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  14. ^ a b c d Chhibber, Maneesh (5 November 2015). "Model Code is only moral code, but carries weight". The Indian Express. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  15. ^ a b c d Joyita (14 April 2014). "Model Code of Conduct and the 2014 General Elections". PRS Legislative Research. Archived from the original on 28 November 2018. Retrieved 9 September 2017.
  16. ^ Iqbal, Aadil Ikram Zaki (4 January 2017). "UP poll dates announced, results on March 11". India. Essel Group. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  17. ^ "Election Commission enforces model code of conduct in Manipur". Hindustan Times. 5 January 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  18. ^ Sharma, Test (10 October 2007). "Gujarat, Himachal get dates for Assembly polls". News18. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  19. ^ "Registration of political parties under section 29A of the Representation of the People Act, 1951" (PDF). Election Commission of India. 23 March 1992. Archived from the original (PDF) on 14 October 2010. Retrieved 9 September 2017.
  20. ^ "Handbook of Symbols, 2004" (PDF). Election Commission of India. 2004. Clause 9. Archived from the original (PDF) on 11 January 2012. Retrieved 9 September 2017.
  21. ^ "Subject - Guidelines for Publication and Dissemination of Results of Opinion Polls/Exit Polls". Election Commission of India. 20 January 1998. Archived from the original on 6 January 2019. Retrieved 9 September 2017.
  22. ^ "Election Commission bans exit polls in election-bound states". The Times of India. 29 January 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  23. ^ Chopra, Ritika (16 February 2017). "Exit polls and why they are restricted by the panel: All your questions answered". The Indian Express. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  24. ^ Kumar, Pradeep (23 March 2017). "RK Nagar byelection: Observers appointed". The Times of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  25. ^ "Deployment of observers in RK Nagar a new national record: Election Commission". The New Indian Express. 31 March 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  26. ^ "The Function (Electoral System)". Election Commission of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  27. ^ Anand, Utkarsh (21 March 2017). "Election Commission supports lifetime ban on convicts from contesting". The Indian Express. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  28. ^ Rautray, Samanwaya (15 September 2016). "Lifetime ban on convicted netas: Supreme Court seeks Center, Election Commission's views". The Economic Times. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  29. ^ "When using ration card as identity proof, entire family should vote". The Indian Express. 8 October 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  30. ^ a b Varma, Nikhil (17 July 2017). "The technocrats, reinvented - The Hindu". The Hindu. Archived from the original on 24 September 2021. Retrieved 24 September 2021.
  31. ^ a b "Election Commission of India: Ludhiana district administration develops mobile app for Election Commission of India | Ludhiana News - Times of India". The Times of India. Archived from the original on 2022-05-31. Retrieved 2021-09-24.
  32. ^ a b "Now, disarming comes up with election mobile app". Archived from the original on 2021-09-24. Retrieved 2021-09-24.
  33. ^ a b "In brief". Archived from the original on 2021-09-24. Retrieved 2021-09-24.
  34. ^ a b "A Constitutional Body". Election Commission of India. Archived from the original on 2018-12-25. Retrieved 2012-01-05.
  35. ^ a b Postal ballots: Who can vote through ETPB, how to get registered and how the voting is done; an explainer Archived 2020-07-30 at the Wayback Machine, First Post, 2 April 2019.
  36. ^ a b Maharashtra, Haryana Elections 2019: Can You Vote By Postal Ballot If You Aren't Living At Home? Archived 2020-07-30 at the Wayback Machine, HUffington Post, 26 September 2019.
  37. ^ a b Gohain, Manash Pratim (27 January 2014). "Polls near, but no data of voters with disabilities". Times of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  38. ^ a b "विकलांगों के लिए गंभीर नहीं चुनाव आयोग" [Election Commission not serious about persons with disabilities]. Punjab Kesari (in Hindi). 26 January 2014. Archived from the original on 2 April 2016. Retrieved 9 September 2017.
  39. ^ "India devises flawless ballot mechanism". The News International. 19 December 2013. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  40. ^ "Meet Sukhbir Singh Sandhu and Gyanesh Kumar, the new election commissioners". 14 April 2024.
  41. ^ Singh, Bikash (4 September 2013). "VVPAT used or the first time in Noksen bypolls". The Economic Times. Archived from the original on 12 April 2016. Retrieved 9 September 2017.
  42. ^ Shivadekar, Sanjeev (30 March 2015). "Now, photos of candidates on EVMs to weed out 'dummies'". Times of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  43. ^ Virk, Aviral (21 September 2015). "Contesting the Bihar Polls? Dummy Candidates Beware". The Quint. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  44. ^ Joshua, Anita (13 October 2013). "Election Commission okays NOTA option". The Hindu. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  45. ^ "NOTA to be provided in general elections". The Times of India. 5 March 2014. Archived from the original on 5 March 2014. Retrieved 9 September 2017.
  46. ^ "Now, 'NOTA' has an electoral symbol too". Daily News and Analysis. 18 September 2015. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  47. ^ "AAP calls EC's EVM challenge 'farce', begins registration for its hackathon". The Economic Times. 3 June 2017. Archived from the original on 10 September 2017. Retrieved 9 September 2017.
  48. ^ a b Prabhu, Sunil (3 June 2017). Tikku, Aloke (ed.). "The EVM (Vote Machine) 'Hackathons' That Weren't: 10 Points". NDTV. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  49. ^ a b "EVM 'hackathon' challenge: NCP, CPM didn't participate, but understood the process, says EC". Firstpost. 3 June 2017. Archived from the original on 7 September 2017. Retrieved 9 September 2017.
  50. ^ "EC provides facility to voters above 80 years of age & Divyanga to vote from home". News On AIR - News Services Division. 13 November 2023. Retrieved 13 November 2023.
  51. ^ Election Commission of India (17 March 2024). "Disclosure of Electoral Bonds". Retrieved 17 March 2024.{{cite web}}: CS1 maint: url-status (link)

External links

  • Election Commission of India Official Portal
  • National Voters Service Portal This service is provided by the ECI. Users can search for their name by providing their details such as State Name, First Name, Last Name, Assembly Constituency Name, Gender, etc. to perform the search. District-wise search option is also available.
  • Election Commission of India profile by Elections Canada.

Links to Chief Electoral Officers of states and union territories

29 States of India

  • Chief Electoral Officer, Andhra Pradesh Official Portal
  • Chief Electoral Officer, Arunachal Pradesh Official Portal
  • Chief Electoral Officer, Assam Official Portal
  • Chief Electoral Officer, Bihar Official Portal
  • Chief Electoral Officer, Chhattisgarh Official Portal
  • Chief Electoral Officer, Goa Official Portal
  • Chief Electoral Officer, Gujarat Official Portal
  • Chief Electoral Officer, Haryana Official Portal Archived 2011-08-13 at the Wayback Machine
  • Chief Electoral Officer, Himachal Pradesh Official Portal
  • Chief Electoral Officer, Jammu and Kashmir Official Portal
  • Chief Electoral Officer, Jharkhand Official Portal
  • Chief Electoral Officer, Karnataka Official Portal
  • Chief Electoral Officer, Kerala Official Portal
  • Chief Electoral Officer, Madhya Pradesh Official Portal
  • Chief Electoral Officer, Maharashtra Official Portal
  • Chief Electoral Officer, Manipur Official Portal
  • Chief Electoral Officer, Meghalaya Official Portal
  • Chief Electoral Officer, Mizoram Official Portal
  • Chief Electoral Officer, Nagaland Official Portal Archived 2019-05-19 at the Wayback Machine
  • Chief Electoral Officer, Odisha Official Portal
  • Chief Electoral Officer, Punjab Official Portal
  • Chief Electoral Officer, Rajasthan Official Portal
  • Chief Electoral Officer, Sikkim Official Portal
  • Chief Electoral Officer, Tamil Nadu Official Portal
  • Chief Electoral Officer, Telangana Official Portal
  • Chief Electoral Officer, Tripura Official Portal
  • Chief Electoral Officer, Uttar Pradesh Official Portal
  • Chief Electoral Officer, Uttarakhand Official Portal
  • Chief Electoral Officer, West Bengal Official Portal

7 union territories of India

  • Chief Electoral Officer, Andaman and Nicobar Islands Official Portal
  • Chief Electoral Officer, Chandigarh Official Portal
  • Chief Electoral Officer, Dadra and Nagar Haveli Official Portal Archived 2019-05-23 at the Wayback Machine
  • Chief Electoral Officer, Daman and Diu Official Portal
  • Chief Electoral Officer, Delhi Official Portal
  • Chief Electoral Officer, Lakshadweep Official Portal
  • Chief Electoral Officer, Puducherry Official Portal
  • v
  • t
  • e
Permanent
Ad hoc
  • v
  • t
  • e
Africa
Americas
Asia
Europe
Oceania
Authority control databases Edit this at Wikidata
International
  • ISNI
  • VIAF
National
  • France
  • BnF data
  • Germany
  • United States
Academics
  • CiNii
Other
  • IdRef