Aspirant Academy

Public Administration

Election Commission of India

Institutions: UPSC, Election Commission, CAG, Finance Commission, Lokpal, NITI Aayog

Paper III · Unit 2 Section 4 of 12 0 PYQs 23 min
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Election Commission of India

3.1 Constitutional Foundation

Article 324 vests the superintendence, direction, and control of elections to Parliament, State Legislatures, and offices of President and Vice-President in the Election Commission of India.

Historical evolution:

  • 1950: Single-member ECI (Chief Election Commissioner — Sukumar Sen was the first).
  • 1989: Multi-member ECI created; 1993: confirmed with three Election Commissioners.
  • 2023: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 — established a 3-member selection committee: PM (Chair), Cabinet Minister nominated by PM, and Leader of Opposition in Lok Sabha.

Security of tenure:

  • Chief Election Commissioner (CEC): can be removed only on grounds on which a Supreme Court judge is removed — by an address of Parliament (Article 124(4)) — very high protection.
  • Other Election Commissioners: can be removed by the President on CEC's recommendation — lower protection than CEC.

3.2 Powers and Functions

Electoral functions:

  1. Delimit constituencies (working with Delimitation Commission — Article 327).
  2. Prepare and revise electoral rolls.
  3. Recognize and register political parties; allot election symbols.
  4. Enforce the Model Code of Conduct (MCC) — not statutory but Article 324-backed.
  5. Announce election schedules; enforce free and fair elections.
  6. Prosecute for corrupt practices (Representation of the People Act, 1951, Section 8).

Quasi-judicial powers:

  • Disqualify candidates under Section 8 and 8A of RP Act 1951 (criminal convictions).
  • De-recognize parties not meeting voter threshold.
  • Issue directives — binding on parties and election machinery.

3.3 Critical Issues

  • Financial independence: ECI's budget is charged to Consolidated Fund? — No, it is voted. CAG and Supreme Court are charged but ECI is not — a structural weakness.
  • T.N. Seshan legacy (1990–96): Transformed ECI from a rubber stamp to an assertive institution — enforced MCC strictly, penalised parties, introduced photo identity cards.
  • Electronic Voting Machines (EVMs): First used in Kerala by-election 1982; nationwide since 2004; Voter Verifiable Paper Audit Trail (VVPAT) added 2013; Supreme Court upheld EVM validity in 2024.