Election Commission of India (ECI)

                      Election Commission of India (ECI)

The Election Commission of India (ECI) is a self-governing constitutional body which oversees the election process in India as per the Constitution of India. The ECI was set up on January 25 1950, with the aim of defining and controlling the multi-tiered election process in our country. Article 324 of the Constitution provides the power to 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 government. 

Constitution Of Election Commission:

The Election commission of India consists of a Chief Election Commissioner and 2 other Election Commissioners. The multi-member ECI works on the power of the majority vote. Independent Election Commission in India, elections are conducted by the Election Commission (EC). The Chief Election Commissioner (CEC) is appointed by the President of India (Article 324 (2)). Election commission takes decisions on every aspect of conduct and control of elections from the announcement of elections to the declaration of results. President may also appoint after consultation with election commission such regional commissioners as he may be consider necessary to assist election commission in its functions. The condition of service and tenure of office of Election commission and Regional commission shall be such as the President may by rule determine. These rules are subjected to any law made by president. The President or Governor shall when requested by election commission make available to Election Commission such staff as may be necessary to discharge its function.

Administrative Powers of Election Commission of India

1. Allotting territorial areas for electoral constituencies in the country

2. Organise and amend electoral rolls and register eligible voters

3. Inform dates and schedule of elections and scrutinize nomination papers

4. Give recognition to political parties and assign election symbols to them.

Role of Election Commission of India

1. Free and fair elections

In the organization of elections, the ECI plays a critical part. The commission’s most important function is to ensure free and fair elections following the law and the Model code of conduct. The code, on the other hand, is not based on any particular legislation. It just has a persuasive influence. It includes what are known as “electoral morality laws.”

2. Registration of political parties

The Election Commission has a responsibility to register each party and allot them their respective party symbols. It lets the regulatory machinery prevent misunderstanding and headaches, as well as the electorate’s confusion. It means that political parties can only participate in democracy if they are registered with the Election Commission. 

3. Legal limits on expenses.

The Election Commission is responsible for establishing legislative limitations on how much money a political party can expend during a campaign. This restriction would aid in reducing the amount of money shown during the referendum. The EC is also responsible for keeping track of each human account of election spending.

4. Checking criminal records against politicians

The commission has a responsibility to urge all the political parties to submit an affidavit that describes their criminal records and criminal charges and if any candidate is found with criminal records, then that party will not get the election ticket. Also, the criminal records of a politician should be shared with the general public since citizens have a right to know what kind of a person is going to rule them.

5. Disclosing social background of candidates

The Election Commission must direct all the candidates to submit an affidavit related to their social background, assets, etc. when he or she files nomination papers for election to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies. 

Function of Election Commission of India.

1. The superintendence, direction and control of the preparation of electoral rolls and also the conduct of elections to parliament, state legislatures and to the offices of president and vice president. 

2. There shall be one general electoral roll for every territorial constituency.

3. No person shall be ineligible for inclusion in any such roll on grounds of only of religion, race, sex. caste etc. 

4. The elections to the Parliament and State legislatures are to be held on basis of age suffrage. 

5. Every person who is citizen of India and who is 18 years and above is consider as voter otherwise any person who is below 18 years, non- residence, unsound mind, crime or illegal practice is disqualified under the constitution and has no right to vote. 

6. Proposes the limit of campaign expenditure per candidate to all parties and monitors the same.

7. Guarantees that all political parties regularly submit audited financial reports.

 In the landmark judgment of the case Election Commission of India v. Mohd. Abdul Ghani, it was held that a mandamus cannot be issued to the Election Commission to perform an exercise forbidden by law. Hence, any function which is forbidden by law cannot be enforced upon the Commission that it should be performed by it.

                        India is a vibrant democracy where people elect their members at various stages, from local bodies and panchayats to the Parliament. The Election Commission has a major role and the only body responsible for conducting elections in India. The Election Commission has implemented a host of commendable voting changes to promote the pillars of democracy and improve election transparency but unfortunately, our system is plagued by many wicked and corrupt people, who can do anything to win the elections. These issues are not because of lack of laws but, because of their improper implementation, therefore, to solve these issues it is necessary to strengthen the Election Commission. So that it can have powers to punish those candidates who violate the electoral laws.