Election Commission of India

3.1 Constitutional and Legal Position

The Election Commission of India (ECI) is established under Article 324 of the Constitution:

"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 shall be vested in a Commission (referred to in this Constitution as the Election Commission)."

Composition: Originally envisaged as a single-member Commission. Expanded to 3 members (CEC + 2 ECs) in 1989; this composition has remained unchanged since. The Chief Election Commissioners and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023 changed the appointment procedure only — not the composition.

Security of Tenure and Removal:

• CEC can be removed only by the President following the same procedure as removal of a Supreme Court judge — an address by each House supported by a majority of total membership and 2/3 of members present and voting
• ECs can be removed on the recommendation of the CEC

Budget: Charged to the Consolidated Fund of India — like the SC — ensuring financial independence from government control.

3.2 Powers and Functions

Preparation of Electoral Rolls: ECI superintends periodic revision of the electoral roll. Voter registration is compulsory at age 18. Overseas Indians can register to vote at their original constituency.

Election Schedule: ECI announces election dates, phases, and MCC application dates. It determines polling station locations.

Model Code of Conduct (MCC) — enforced from announcement of election schedule until counting. Key restrictions:

• No new policy announcements by the government that could influence voters
• No use of government vehicles, aircraft, or machinery for campaign purposes
• Prior permission required for campaign meetings
• Paid political advertising requires pre-certification

Candidate Registration: Parties and independent candidates must file nomination papers, pay security deposit (₹25,000 for LS general; ₹12,500 for SC/ST), and submit affidavits disclosing assets, liabilities, criminal cases, and educational qualifications.

Observer Deployment: ECI deploys General Observers, Police Observers, and Expenditure Observers in all constituencies.

Counting and Declaration: ECI supervises counting at Returning Officer level; results declared on ECI website in real time.

3.3 ECI's Powers to Ensure Free and Fair Elections

Under Article 324, ECI has plenary powers — the power to take all necessary measures to ensure free and fair elections. The Supreme Court has consistently upheld these powers:

• Mohinder Singh Gill v. Chief Election Commissioner (1978): ECI has wide powers including postponing elections, ordering re-polls, and transferring officials
• ECI routinely transfers senior police and administrative officers in states before elections to prevent partisan use of administration
• ECI can issue notices to parties and candidates for MCC violations, including withdrawal of recognition

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