Election Commission of India (ECI): Structure, Functions, and the Need for Reforms

The Election Commission of India: Guardian of Democratic Elections

The Election Commission of India (ECI) stands as a cornerstone of India's democratic framework, an autonomous constitutional authority entrusted with the monumental task of conducting free and fair elections in the world's largest democracy. Its pivotal role in ensuring the democratic will of the people is accurately reflected through the electoral process makes it one of the most crucial institutions in the Indian polity. This comprehensive note delves into the structure, functions, and the imperative need for reforms within the ECI, providing a detailed analysis relevant for UPSC, State PCS, law, and political science students.

Table of Contents:

1. Introduction
2. Historical and Constitutional Background
3. Constitutional Provisions: Articles 324-329
4. Structure and Composition of the Election Commission
5. Powers and Functions of the Election Commission
   • Administrative Functions
   • Advisory Functions
   • Quasi-Judicial Functions
6. Independence and Safeguards
7. Judicial Interpretations and Landmark Cases
8. Contemporary Relevance and Challenges
9. Need for Reforms and Proposals
10. Comparative Perspective: Electoral Management Bodies in Other Democracies
11. Conclusion
12. Practice Questions and Answers

1. Introduction

Democracy thrives on the principle of free and fair elections, enabling citizens to choose their representatives and hold them accountable. In India, this fundamental pillar is upheld by the Election Commission of India, a permanent and independent body established by the Constitution. The ECI is the guardian of the electoral process, responsible for its superintendence, direction, and control. Its functions extend to conducting elections for the Parliament, State Legislatures, the office of the President, and the office of the Vice-President. The credibility and impartiality of the ECI are paramount to sustaining the democratic ethos of the nation.

2. Historical and Constitutional Background

The idea of an independent body to manage elections was crucial for the framers of the Indian Constitution, who envisioned a democratic republic where the will of the people would be expressed through periodic and genuine elections. Prior to the Constitution, the responsibility for conducting elections lay with the provincial governments.

The need for a centralized, independent body was emphasized during the Constituent Assembly debates. Leaders recognized that entrusting election management to the executive or state governments could lead to manipulation and undermine the fairness of the electoral process. Thus, Article 324 was incorporated into the Constitution, establishing the Election Commission of India as an autonomous authority. The ECI was formally established on January 25, 1950, just a day before India became a Sovereign Democratic Republic, underscoring its significance in the new republic.

Initially, the ECI was a single-member body, with only the Chief Election Commissioner (CEC) at its helm. This structure continued until October 16, 1989. Following a reduction in the voting age from 21 to 18 years, the workload of the Commission increased significantly. This led the President to appoint two more Election Commissioners, transforming the ECI into a multi-member body. However, this multi-member structure was short-lived, being reverted to a single-member commission in January 1990. The multi-member concept was reinstated in October 1993 and has remained the structure since then, with the Commission currently consisting of the Chief Election Commissioner and two Election Commissioners. The decision-making power in the multi-member Commission is by majority vote.

3. Constitutional Provisions: Articles 324-329

Part XV of the Indian Constitution (Articles 324-329) deals with elections and establishes the Election Commission.

• Article 324: This is the most crucial article concerning the ECI. It vests the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution in a Commission referred to as the Election Commission.

  • Clause (2) of Article 324 states that 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. The appointment of the CEC and other ECs shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
  • Clause (3) of Article 324 states that when any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as the Chairman of the Election Commission.
  • Clause (5) of Article 324 deals with the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners. It states that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. The conditions of service of the CEC shall not be varied to his disadvantage after his appointment. Any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
  • Clause (6) of Article 324 empowers the President or the Governor of a State to make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission.

• Article 325: It mandates that no person shall be ineligible for inclusion in any electoral roll or claim to be included in any special electoral roll on grounds only of religion, race, caste, sex or any of them. This article reinforces the principle of a common electoral roll and prohibits discrimination.

• Article 326: This article lays down the principle of universal adult suffrage for elections to the House of the People and the Legislative Assemblies of States. It states that elections to these bodies shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by a law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

• Article 327: This article empowers Parliament to make provisions with respect to elections to Legislatures. Parliament has the power to make laws regarding all matters relating to, or in connection with, elections to either House of Parliament or to the House or Houses of the Legislature of a State, including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for the purpose of securing the due constitution of such House or Houses.

• Article 328: This article gives the Legislature of a State the power to make provisions with respect to elections to such Legislature, in so far as provision in that behalf is not made by Parliament.

• Article 329: This article bars interference by courts in electoral matters. It states that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under Article 327 or Article 328 shall not be called in question in any court. It also states that no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. This article signifies that once the election process has begun, courts generally cannot intervene, and election disputes are to be resolved through election petitions after the results are declared.

It is important to note that the Constitution provides for a separate State Election Commission for the superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats and Municipalities.

4. Structure and Composition of the Election Commission

The Election Commission of India is currently a multi-member body consisting of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs).

• Appointment: The President of India appoints the Chief Election Commissioner and other Election Commissioners. The Constitution, under Article 324(2), stated that these appointments would be subject to the provisions of any law made by Parliament in that behalf. However, for a long time, Parliament did not enact such a law, and the appointments were made by the President on the recommendation of the executive. This led to concerns about the independence of the appointment process.

  In a landmark judgment in March 2023 (Anoop Baranwal v. Union of India), the Supreme Court addressed this "constitutional vacuum" and ruled that the appointment of the CEC and ECs should be done by the President on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India, until Parliament enacts a law on the subject.

  Subsequently, Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which came into effect in January 2024. This Act replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister in the selection committee. The selection committee, as per the 2023 Act, now consists of:

  • The Prime Minister (Chairperson)
  • The Leader of the Opposition in the Lok Sabha (Member)
  • A Union Cabinet Minister to be nominated by the Prime Minister (Member)

  The Act also established a Search Committee, headed by the Union Minister of Law and Justice, which is tasked with preparing a panel of five persons for the consideration of the Selection Committee. The qualifications for being considered for appointment as CEC or EC, as per the Act, include holding or having held a post equivalent to Secretary to the Government of India and possessing integrity and experience in managing and conducting elections.

• Tenure: The Chief Election Commissioner and other Election Commissioners hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

• Status and Salary: The CEC and ECs enjoy the same status and receive salary and perks equivalent to those of Judges of the Supreme Court of India.

• Removal: The Chief Election Commissioner can be removed from his office only in the same manner and on the same grounds as a Judge of the Supreme Court. This requires a resolution passed by both Houses of Parliament with a special majority (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting) on grounds of proved misbehavior or incapacity. This stringent removal process is a crucial safeguard for the independence of the CEC.

  However, other Election Commissioners or a Regional Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner. This provision has been a subject of debate, with concerns raised about the potential for the CEC to influence the tenure of the other ECs.

Diagram: Structure of the Election Commission of India

graph TD
    A[President of India] --> B[Appoints]
    B --> C[Chief Election Commissioner (CEC)]
    B --> D[Two Election Commissioners (ECs)]
    C -- Acts as Chairman --> E[Election Commission of India (Multi-member body)]
    D -- Members --> E
    E -- Assisted by --> F[Secretariat (New Delhi)]
    E -- Assisted by --> G[Chief Electoral Officers (in States)]
    G -- Assisted by --> H[District Election Officers, Electoral Registration Officers, etc.]

Explanation of the Diagram:

This flowchart illustrates the hierarchical structure of the Election Commission of India. The President appoints the CEC and ECs who form the multi-member commission. The CEC chairs the commission when other ECs are appointed. The ECI is supported by a secretariat at its headquarters in New Delhi and has a decentralized structure at the state and district levels through Chief Electoral Officers and other officials who are usually drawn from the civil services.

5. Powers and Functions of the Election Commission

The powers and functions of the ECI are extensive and can be broadly categorized into administrative, advisory, and quasi-judicial.

Administrative Functions:

• Determination of Electoral Constituencies: The ECI determines the territorial areas of electoral constituencies throughout the country on the basis of the Delimitation Commission Act.
• Preparation and Revision of Electoral Rolls: It prepares and periodically revises electoral rolls and registers all eligible voters. This is a continuous process to ensure that the rolls are up-to-date.
• Notification of Election Schedules: The ECI decides and notifies the schedules and dates for all elections under its purview (Parliament, State Legislatures, President, Vice-President). This includes fixing the dates for nominations, scrutiny, withdrawal, polling, and counting.
• Conduct of Elections: It is responsible for the entire process of conducting elections, including setting up polling stations, appointing election officials, and overseeing polling and counting.
• Granting Recognition to Political Parties and Allotting Symbols: The ECI registers political parties and grants them recognition as national or state parties based on their electoral performance. It also allots election symbols to political parties and independent candidates.
• Appointing Election Officials: It appoints Chief Electoral Officers for each state and observers to ensure free and fair elections.

Advisory Functions:

• Advising the President/Governor on Disqualification of Legislators: The ECI has an advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures. If a question arises whether a member of Parliament or a State Legislature has become subject to any disqualifications specified in the Constitution (except defection), the President (in case of MPs) or the Governor (in case of state legislators) shall obtain the opinion of the ECI and act according to such opinion.
• Advising on Matters Referred by the President/Governor: The ECI can also advise the President or Governor on matters relating to elections when referred to it.

Quasi-Judicial Functions:

• Settling Disputes over Party Recognition and Symbols: The ECI acts as a court for settling disputes concerning the granting of recognition to political parties and the allotment of election symbols. This includes disputes arising from splits or mergers of recognized political parties.
• Enforcement of the Model Code of Conduct: The ECI evolves and enforces the Model Code of Conduct (MCC) for political parties and candidates during elections. While the MCC does not have statutory backing, the ECI's power to enforce it stems from Article 324, and it plays a crucial role in ensuring a level playing field. Violations of the MCC can lead to actions by the ECI.
• Inquiring into Election Disputes: The ECI can appoint officers for inquiring into disputes concerning electoral arrangements.

Table: Key Functions of the ECI

6. Independence and Safeguards

The independence of the Election Commission is vital for its ability to conduct free and fair elections without fear or favour. The Constitution provides several safeguards to ensure this independence:

• Constitutional Body: The ECI is a constitutional body, directly created by the Constitution, which gives it inherent authority and protection from ordinary legislative or executive interference.
• Security of Tenure: The Chief Election Commissioner has security of tenure and cannot be removed from office except in the same manner and on the same grounds as a Judge of the Supreme Court. This makes removal very difficult and requires parliamentary impeachment.
• Conditions of Service: The conditions of service of the Chief Election Commissioner cannot be varied to his disadvantage after his appointment.
• Removal of ECs/Regional Commissioners: Other Election Commissioners and Regional Commissioners can only be removed on the recommendation of the Chief Election Commissioner. While intended as a safeguard, this has also been a point of discussion regarding the relative powers of the CEC and other ECs.
• Independent Secretariat: While the ECI functions with staff drawn from government departments, there have been recommendations for it to have its own independent secretariat to reduce reliance on the executive.
• Financial Autonomy: Although the ECI's expenditure is charged on the Consolidated Fund of India, ensuring it is not subject to annual budgetary votes, the extent of its financial autonomy in day-to-day operations and resource allocation has been a subject of debate.

Despite these safeguards, concerns about the appointment process and potential executive influence have been raised, leading to judicial interventions and legislative changes as seen with the Anoop Baranwal case and the subsequent 2023 Act.

7. Judicial Interpretations and Landmark Cases

The Supreme Court of India has played a significant role in interpreting the powers of the ECI and reinforcing its independent functioning. Several landmark judgments have shaped the electoral landscape:

• A.C. Jose v. Sivan Pillai (1984): This case dealt with the use of electronic voting machines (EVMs). The Supreme Court held that the introduction of EVMs required a legislative amendment to the Representation of the People Act, 1951, as the existing law only provided for voting by ballot papers. Following this judgment, Parliament amended the Act to permit the use of EVMs.

• S.S. Dhanoa v. Union of India (1991): This case challenged the constitutionality of the Election Commission (Conditions of Service of Commissioners) Act, 1990, which had reverted the ECI to a single-member body. The Supreme Court upheld the President's power to fix the number of Election Commissioners.

• T.N. Seshan v. Union of India and others (1995): This landmark case significantly strengthened the multi-member character of the ECI and clarified the powers of the Chief Election Commissioner vis-à-vis the other Election Commissioners. The Court held that the CEC is only the first among equals and does not have a veto power over the other Commissioners. Decisions are to be taken by a majority. The Court also emphasized the collective nature of the Commission.

• Mohinder Singh Gill v. Chief Election Commissioner (1978): This case affirmed the wide residuary powers of the ECI under Article 324 to ensure free and fair elections in situations not covered by existing laws. The Court held that Article 324 is a plenary provision enabling the Commission to act in ways necessary for conducting free and fair elections, even in the absence of specific legislation, provided its actions are not in conflict with existing laws or rules.

• Kuldip Nayar v. Union of India (2006): This case dealt with the amendment to the Representation of the People Act, 1951, which removed the requirement of domicile for candidates contesting Rajya Sabha elections from a particular state and introduced open ballot for Rajya Sabha elections. The Supreme Court upheld these amendments, stating that the requirement of domicile was not a constitutional mandate and that open ballot for Rajya Sabha elections did not violate the principle of secrecy of ballot as Rajya Sabha members represent states, not the electorate directly.

• Reshma Devi vs. State of Bihar (2013): The Supreme Court emphasized the importance of the Voter Verifiable Paper Audit Trail (VVPAT) system to enhance transparency and voter confidence in EVMs. The Court observed that the "paper trail" is an indispensable requirement for free and fair elections and directed the ECI to introduce VVPATs in a phased manner.

• Anoop Baranwal v. Union of India (2023): As discussed earlier, this crucial judgment addressed the method of appointment of the CEC and ECs, mandating a selection committee including the Prime Minister, Leader of the Opposition, and Chief Justice of India, pending a parliamentary law. This aimed to reduce executive dominance in the appointment process and enhance the ECI's independence. However, the subsequent 2023 Act altered the composition of the committee by replacing the Chief Justice with a Union Cabinet Minister.

These judgments highlight the judiciary's active role in interpreting the powers of the ECI, resolving electoral disputes, and safeguarding the integrity of the electoral process.

8. Contemporary Relevance and Challenges

The Election Commission of India faces numerous challenges in the contemporary political landscape, often operating under intense scrutiny. Some key challenges and issues include:

• Independence of the Appointment Process: Despite the Supreme Court's ruling in the Anoop Baranwal case and the subsequent 2023 Act, concerns about executive influence in the appointment of Election Commissioners persist due to the composition of the selection committee. Critics argue that the inclusion of two government nominees (Prime Minister and a Union Cabinet Minister) in the three-member committee gives the executive undue weight.
• Removal of Election Commissioners: The constitutional provision that other Election Commissioners can be removed on the recommendation of the CEC, while the CEC requires impeachment, has been a subject of debate. Recommendations have been made to provide the same protection to other ECs as is available to the CEC.
• Influence of Money Power: The role of excessive money in elections continues to be a major challenge, leading to an uneven playing field. Regulating election expenditure, particularly by political parties, remains an area requiring stronger measures.
• Criminalization of Politics: The increasing number of candidates with criminal backgrounds undermines the integrity of the electoral process and raises concerns about governance. Despite efforts, effectively preventing individuals with serious criminal charges from contesting elections remains a challenge.
• Enforcement of the Model Code of Conduct (MCC): While the ECI enforces the MCC, challenges exist in ensuring its strict observance by all stakeholders, particularly ruling parties, and in taking timely action against violations.
• Misuse of Social Media and Disinformation: The proliferation of fake news and disinformation through social media platforms poses a significant threat to informed voter choice and the fairness of elections.
• EVM and VVPAT Transparency: While the ECI maintains the integrity and security of EVMs and VVPATs, concerns and allegations of tampering are sometimes raised by political parties, necessitating continuous efforts to enhance transparency and build trust in the technology. Recent Supreme Court judgments have reinforced the importance of VVPATs.
• Voter Education and Awareness: Despite initiatives like SVEEP (Systematic Voters' Education and Electoral Participation), ensuring comprehensive voter education and awareness, particularly among marginalized sections and in remote areas, remains an ongoing task.
• Inner-Party Democracy: Lack of inner-party democracy in political parties can impact candidate selection and the overall democratic process.

9. Need for Reforms and Proposals

Recognizing these challenges, various committees and experts have suggested electoral reforms to strengthen the ECI and the electoral process. Some key areas for reform and proposed measures include:

• Reforming the Appointment Process: Numerous calls have been made for a more independent and transparent mechanism for appointing the CEC and ECs, along the lines of a collegium or a broad-based committee that includes representation from the judiciary and the opposition, to minimize executive discretion. While the 2023 Act introduced a committee, its composition has been criticized. Further reforms could involve bringing the composition closer to the Supreme Court's recommendation or establishing a truly independent selection panel.
• Equal Protection for Election Commissioners: Providing the same constitutional protection and removal process for other Election Commissioners as is available to the Chief Election Commissioner would enhance the collective independence of the multi-member body.
• Independent Secretariat and Budget: Granting the ECI its own independent and permanent secretariat, with its own recruitment and administrative control, would reduce its reliance on government staff and enhance operational autonomy. Ensuring complete financial independence with expenditure charged on the Consolidated Fund of India and greater control over resource allocation is also crucial.
• Regulation of Political Finance: Strengthening laws and mechanisms to regulate election expenditure by candidates and political parties, ensuring transparency in political funding, and curbing the use of 'black money' are essential reforms to address the influence of money power.
• Addressing Criminalization of Politics: Decisive legal and administrative measures are needed to prevent individuals with serious criminal charges from contesting elections. This could involve stricter disqualification criteria and faster disposal of cases against politicians.
• Strengthening the Model Code of Conduct: Providing statutory backing to the MCC or strengthening the ECI's enforcement powers and ensuring timely and effective action against violations would enhance its impact.
• Regulation of Media and Social Media: Developing a framework to address the challenges posed by the misuse of social media, fake news, and paid news during elections, while upholding freedom of speech, is critical.
• Electoral Roll Integrity: Enhancing the accuracy and integrity of electoral rolls through measures like linking Aadhaar (while addressing privacy concerns) and improving the process for addition and deletion of names is important.
• Strengthening Voter Education: Continuously investing in and innovating voter education programs to reach all sections of the electorate and promote informed and ethical voting.

Various committees have proposed electoral reforms over the years, including the Dinesh Goswami Committee (1990), the Vohra Committee Report (1993), the Indrajit Gupta Committee on State Funding of Elections (1998), the Law Commission's 170th Report on Electoral Reforms (1999), the National Commission to Review the Working of the Constitution (NCRWC) (2002), and the Second Administrative Reforms Commission (ARC) (2007). Many of these recommendations are yet to be fully implemented due to a lack of political consensus.

10. Comparative Perspective: Electoral Management Bodies in Other Democracies

Examining Electoral Management Bodies (EMBs) in other democracies provides valuable insights into different models and practices. EMBs globally vary in their structure, composition, and relationship with the executive and legislature.

• Integrated Model: In some countries, election management is primarily handled by a government ministry, often the Ministry of Interior or Home Affairs. This model is less common in established democracies seeking independent EMBs.
• Judicial Model: In a few systems, the judiciary plays a central role in election management.
• Independent Commission Model: This is the most prevalent model in established and emerging democracies, where an independent body like the ECI is responsible for conducting elections.

Comparison with other Independent Commission Models:

• Appointment Process: Appointment processes for EMB members vary. Some countries use a multi-party parliamentary committee or a collegium-like system involving the judiciary to ensure broader consensus and reduce executive dominance. The recent debate and legislative change in India regarding the ECI's appointment process reflect a global trend towards seeking more independent appointment mechanisms.
• Structure: EMBs can be single-member or multi-member bodies. Multi-member commissions, like in India, are common and are often seen as promoting collegiality and reducing the concentration of power.
• Funding: The degree of financial autonomy varies. While some EMBs have their budgets charged directly on the consolidated fund, ensuring they are not subject to annual votes, the actual control over the utilization of funds can differ.
• Scope of Functions: The functions of EMBs can vary. Some are solely responsible for conducting elections, while others may also be involved in voter registration, boundary delimitation, and regulation of political parties and finance. The ECI in India has a broad mandate encompassing most of these functions.

Comparative studies highlight that the legal framework, the method of appointment of commissioners, the EMB's financial autonomy, and the political culture of a country all influence the actual independence and effectiveness of the electoral management body.

11. Conclusion

The Election Commission of India has largely been successful in conducting complex and large-scale elections, contributing significantly to the sustenance of democracy in the country. Its constitutional status and the safeguards provided have been instrumental in its independent functioning. However, the evolving political landscape, coupled with challenges like the influence of money and criminalization of politics, the complexities of the appointment process, and the spread of disinformation, necessitates continuous introspection and reform.

Implementing pending electoral reforms, particularly those related to the appointment and removal of Election Commissioners, transparency in political funding, and stricter measures against criminal elements, is crucial to further strengthen the ECI and enhance public trust in the electoral process. A truly independent, empowered, and credible Election Commission is indispensable for the health and vibrancy of India's democracy.

12. Practice Questions and Answers

To test your understanding of the Election Commission of India, attempt the following practice questions:

✅ Multiple-Choice Questions (MCQs)

1. Which Article of the Indian Constitution deals with the establishment and functions of the Election Commission of India? (a) Article 320 (b) Article 324 (c) Article 328 (d) Article 332

   Answer: (b) Article 324 Explanation: Article 324 of the Constitution provides for the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President to be vested in the Election Commission.

2. The Chief Election Commissioner of India can be removed from office through a process similar to the removal of: (a) The Attorney General of India (b) A Judge of the High Court (c) A Judge of the Supreme Court (d) The Comptroller and Auditor General of India

   Answer: (c) A Judge of the Supreme Court Explanation: Article 324(5) states that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court.

3. The Election Commission of India does NOT conduct elections to the: (a) Lok Sabha (b) State Legislative Assemblies (c) Office of the President (d) Panchayats and Municipalities

   Answer: (d) Panchayats and Municipalities Explanation: Elections to Panchayats and Municipalities in the states are conducted by the respective State Election Commissions, which are separate bodies constituted under the Constitution.

4. Prior to October 1989, the Election Commission of India was a: (a) Multi-member body with five members (b) Single-member body (c) Multi-member body with three members (d) Body whose composition was decided annually

   Answer: (b) Single-member body Explanation: From its inception in 1950 until October 16, 1989, the Election Commission was a single-member body consisting only of the Chief Election Commissioner.

5. The landmark Supreme Court case that addressed the appointment process of the Chief Election Commissioner and Election Commissioners, suggesting a committee including the Prime Minister, Leader of Opposition, and Chief Justice of India (prior to the 2023 Act), is: (a) S.P. Gupta v. Union of India (b) T.N. Seshan v. Union of India (c) Anoop Baranwal v. Union of India (d) Kesavananda Bharati v. State of Kerala

   Answer: (c) Anoop Baranwal v. Union of India Explanation: The Supreme Court's judgment in Anoop Baranwal v. Union of India (2023) recommended a selection committee for the appointment of CEC and ECs to ensure greater independence, pending parliamentary legislation.

🔍 Scenario-Based Questions

1. Scenario: During a State Assembly election campaign, a prominent political leader delivers a speech that is widely considered to be hate speech, violating the Model Code of Conduct. What immediate actions can the Election Commission of India take in such a scenario, and what are the limitations of its powers in enforcing the MCC?

   Answer Explanation: In this scenario, the Election Commission of India (ECI) can take the following immediate actions based on its powers under Article 324 and its authority to enforce the Model Code of Conduct (MCC):

   • Issue a Notice: The ECI can issue a notice to the political leader and their party, seeking an explanation for the alleged violation of the MCC.
   • Issue a Warning or Censure: If the explanation is not satisfactory or a violation is confirmed after due inquiry, the ECI can issue a warning or censure the leader/party.
   • Campaign Ban: In severe cases of repeated or blatant violations, the ECI can prohibit the leader from campaigning for a specific period.
   • Direct Registration of FIR: While the MCC itself is not legally enforceable, the ECI can direct the election machinery (District Election Officer, Returning Officer) to register an FIR under relevant sections of the Indian Penal Code or the Representation of the People Act, 1951, if the speech also constitutes a criminal offense (e.g., promoting enmity between groups).

   Limitations:

   • MCC lacks Statutory Backing: The primary limitation is that the MCC is not a legally enforceable document in itself. The ECI's power to enforce it stems from its constitutional mandate under Article 324.
   • Dependence on Officials: The ECI relies on the district administration and police to implement its directives regarding the MCC. Cooperation from these authorities is crucial.
   • Judicial Review: Decisions made by the ECI regarding MCC violations can be subject to judicial review, although courts are generally reluctant to interfere with the electoral process once it has begun (as per Article 329).
   • Taking Strong Action: While the ECI can issue warnings and bans, taking very stringent actions like deregistering a party for MCC violations can be legally complex and may face challenges.

2. Scenario: The term of the Chief Election Commissioner is about to end. The President needs to appoint a new Chief Election Commissioner. Describe the process of appointment of the Chief Election Commissioner according to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

   Answer Explanation: According to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the process of appointing the Chief Election Commissioner (and other Election Commissioners) is as follows:

   • Search Committee: A Search Committee, headed by the Union Minister of Law and Justice, is formed. This committee is tasked with preparing a panel of five persons for consideration for appointment as CEC or EC. The potential candidates should hold or have held a post equivalent to Secretary to the Government of India and possess integrity and experience in managing and conducting elections.
   • Selection Committee: The Search Committee's panel is then sent to a Selection Committee. The Selection Committee comprises:
     • The Prime Minister (Chairperson)
     • The Leader of the Opposition in the Lok Sabha (Member)
     • A Union Cabinet Minister to be nominated by the Prime Minister (Member)
   • Recommendation to the President: The Selection Committee considers the panel of names provided by the Search Committee and recommends a suitable candidate for appointment as the Chief Election Commissioner to the President of India.
   • Appointment by the President: The President of India formally appoints the Chief Election Commissioner based on the recommendation of the Selection Committee.

   This process, introduced by the 2023 Act, replaced the earlier system where appointments were made by the President on the recommendation of the executive, and it also superseded the Supreme Court's interim direction in the Anoop Baranwal case regarding the inclusion of the Chief Justice of India in the selection committee.

🔄 Match the Following

Match the following constitutional articles with their respective provisions related to the Election Commission of India:

Answer:

1. (d)
2. (c)
3. (b)
4. (a)

Explanation:

• Article 324 establishes the ECI and vests in it the power of superintendence, direction, and control of elections.
• Article 325 prohibits discrimination on grounds of religion, race, caste, or sex in the preparation of electoral rolls.
• Article 326 provides for universal adult suffrage as the basis for elections to the Lok Sabha and State Legislative Assemblies.
• Article 329 bars the interference of courts in electoral matters, particularly once the election process has commenced.

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• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
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