Election Commission of India

Election Commission of India is a key topic in Indian Polity, established as an autonomous constitutional body under Article 324 of the Constitution. It is responsible for administering free and fair elections to Parliament, State Legislatures, and the offices of President and Vice-President. The Commission plays a crucial role in upholding democratic governance in India.

Election Commission of India: Composition, power and functions

Introduction

The Election Commission of India is an independent and permanent constitutional body.
It was established on 25 January 1950.
- National Voters’ Day is celebrated on 25 January to commemorate the establishment of the Election Commission.
This commission conducts elections to the Lok Sabha, State Legislative Assemblies, Rajya Sabha, President and Vice President in India.
- Apart from this, it also conducts elections to the Legislative Councils of the states (where there is a bicameral legislature).
Its objective is to conduct free, fair and peaceful elections in the country.
Panchayat and Municipal Corporation elections are conducted by the State Election Commission.

Constitutional basis

The establishment and functions of the Election Commission are described under Articles 324 to 329 of the Constitution.
Article 324 of the Constitution deals with the establishment and composition of the Election Commission.
According to this, the Election Commission may consist of a Chief Election Commissioner (CEC) and other Election Commissioners.
It is contained in Part-15 (Part XV) of the Constitution.

Articles related to the Election Commission

Article	Theme
324	The superintendence, direction and control of the elections was handed over to the Election Commission.
325	No one will be deprived of inclusion in the voters list on the basis of religion, caste, gender etc.
326	Elections to the Lok Sabha and State Legislative Assemblies will be on the basis of adult franchise (above 18 years of age).
327	Power of Parliament to make provisions relating to elections.
328	Power of the State Legislature to make provisions for its own elections.
329	Interference by courts in matters relating to elections is barred (except in election petitions).

Structure of Election Commission of India

From 1950 to October 15, 1989:
- The Election Commission originally had a single-member body consisting of only one Election Commissioner.
October 16, 1989:
- The minimum voting age was reduced from 21 years to 18 years.
- As the workload increased, the President appointed two additional Election Commissioners.
- It became a three-member body from October 16, 1989 to January 1, 1990. (1 CEC + 2 ECs).
January 2, 1990:
- The posts of two Election Commissioners were abolished.
- It became a single-member body from January 2, 1990 to September 30, 1993
- The commission again became single-member.
From 01 October 1993 to present:
- From October 1, 1993, it became a three-member body.
- Two Election Commissioners were reappointed.
- Since then the Commission has been functioning as a permanent multi-member body.
Current structure
- The commission consists of three members:
  - 1 Chief Election Commissioner (CEC)
  - 2 Election Commissioners (ECs)
- All commissioners have equal powers.
- If there is a difference of opinion, the decision is taken on the basis of majority.

Appointment:

The Chief Election Commissioner (CEC) and other Election Commissioners (EC) are appointed by the President on the recommendation of a selection committee.
Supreme Court intervention
- In March 2023, the Supreme Court implemented a provision for ‘complete justice’ under Article 142:
- The CEC and EC will be appointed by a three-member committee:
  1. Prime Minister – Chairman
  2. Chief Justice of India (CJI) – Member
  3. Leader of the Opposition in the Lok Sabha – Member
- This provision will remain in force until Parliament makes a law on this subject.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- According to the ‘Appointment, Conditions of Service and Tenure of Office of the Chief Election Commissioner and other Election Commissioners Act, 2023’:
- The selection committee will consist of:
  1. Prime Minister – Chairman
  2. Leader of the Opposition in the Lok Sabha – Member
  3. One Union Minister nominated by the Prime Minister – Member
- If the Leader of the Opposition in the Lok Sabha is not recognised, then the leader of the largest opposition party will be included in the Committee.

Note :

In June 2012, former Deputy Prime Minister and former Leader of the Opposition in the Indian Parliament Lal Krishna Advani suggested that the CEC (as well as the Comptroller and Auditor General (CAG)) should be appointed by a bipartisan collegium consisting of the Prime Minister, the Chief Justice, the Law Minister and the Leaders of the Opposition in the Lok Sabha and Rajya Sabha.

Chairmanship:

If the Commission is multi-member, the Chief Election Commissioner acts as the Chairperson.

Territorial Commissioner:

The President may, on the advice of the Election Commission, appoint regional commissioners.

Oath

This oath is to be sworn before the President or some other person appointed by the President.
The format of the oath is given in the Third Schedule of the Constitution.
In the oath –
- There is a pledge of loyalty to the Constitution, impartiality, and honest discharge of duties.

Terms and Conditions of Service:

Chief Election Commissioner and other Election Commissioners:
- The positions, powers and authority are equal.
- Tenure: 6 years or till the age of 65 years, whichever is earlier.
- The service conditions and tenure of the members of the Commission are determined by the President.
- The salary, allowances and other facilities of all the commissioners are the same as that of a judge of the Supreme Court.
  - The Chief Election Commissioner and other Commissioners receive a monthly salary of ₹ 2,50,000.
- No adverse change can be made in the service conditions of the Chief Election Commissioner after his appointment.
- They can resign at any time or be removed through the prescribed procedure.

Removal from office

Chief Election Commissioner:
- The Chief Election Commissioner has constitutional protection to serve his fixed term.
- The Chief Election Commissioner can be removed on the same grounds and procedure as the removal of the Judges of the Supreme Court, namely:
  - on the ground of misbehaviour or incapacity,
  - After passing a resolution by a special majority in both the Houses of Parliament,
  - Can be removed by the President.
- Therefore, they do not hold office during the pleasure of the President, even though they are appointed by the President.
Other commissioners:
- Another Election Commissioner or Regional Commissioner can be removed from office only on the recommendation of the Chief Election Commissioner and not otherwise.

Removal process

Which posts are applicable?
- Judges of the High Court and the Supreme Court.
- Chief Election Commissioner.
- Comptroller and Auditor General (CAG).

Grounds for removal
- misbehaviormisuse of office
- incapacity
Process
- A resolution must be passed by the Parliament.
- The motion will be passed only if:
  - Voting should be more than 50% of the total members of the House.
  - A special majority of 2/3 of the members present and voting should support it.
Use of the term impeachment
- The word ‘impeachment’ has not been used in the Constitution in the case of judges, Chief Election Commissioner and CAG.
- The term ‘impeachment’ is used only for the process of removing the President.
To remove the President:
- A special majority of 2/3 of the members of both the Houses of Parliament present and voting is required.
- This procedure applies only to the President and not to any other post.

Powers and functions of the Election Commission

The powers and functions of the Election Commission can be divided into three main categories:
- administrative work
- consultancy work
- quasi-judicial functions

Powers and functions of the Election Commission

Administrative work

Demarcation of constituencies –Determination of boundaries of constituencies throughout India as per the Parliamentary Delimitation Act.
Preparation of voter list –To prepare electoral rolls from time to time and register all eligible voters.
Determination of election schedule –To decide the date and time schedule of the election, to scrutinize the nomination papers.
Recognition of political partiesTo grant recognition to parties at national and state level and allot election symbols.
Demands of election staffTo request the President/Governor to appoint the necessary staff for conducting the elections.
Electoral Observation –To monitor the entire electoral machinery to ensure free and fair elections across the country.
Media Time Allocation –Allocating radio/TV time to political parties for campaigning.
Registration and Recognition –Registration of political parties and granting them national/state level party status based on their performance.

Voter Education

Basis of democratic success – Active participation of voters in democratic and electoral processes is the basic foundation of the success of any democracy.
Voter education aims to make citizens aware of the election process, their rights, and their duties.
To increase voter participation and encourage meaningful voting.
The Election Commission of India recognised voter education as an integral part of election management in 2009.
Since then, it has been adopted as a formal strategy.

Consultancy work

Consultation in disqualification matters –To advise the President on matters of disqualification of members of Parliament.
Advice related to State Legislative Council –To advise the Governor on the disqualification of Legislative Council members.
Advice in case of President’s rule- To advise the President on whether elections should be held after one year in a state under President’s rule.

Quasi-judicial functions

Dispute resolution – To settle disputes related to recognition of political parties and election symbols like a court.
Investigation of election irregularities –Appointment of officers to investigate electoral irregularities (such as violence, rigging, booth capturing).
Enforcement of the code of conductTo enforce and ensure compliance with the code of conduct for candidates and parties.
Cancellation of election –Cancellation of election on the ground of serious irregularities.

Judicial review

The Election Commission cannot itself review, revise or cancel any election result after the poll is over and the results are declared.
The only way to challenge the result of an election to the Lok Sabha or a State Assembly is through an election petition.
Such a petition is filed only in the concerned High Court.
The decision of the High Court can be taken to the Supreme Court as an appeal.
A petition challenging the election results of the President and Vice President is filed directly in the Supreme Court.
The decision of the Supreme Court is final and binding.

Administrative Structure of the Election Commission

At the central level

Deputy Election Commissioners: drawn from the civil service; tenure-based appointment.
Secretariat Staff: The Commission is assisted by Secretaries, Joint Secretaries, Deputy Secretaries, Under Secretaries, etc.

At the state level

Chief Electoral Officer (CEO)
- Appointed by the Chief Election Commissioner, after consultation with the State Government.

At the district level

District Election Officer (Collector/DM)
- He is responsible for election management in the district.
Returning Officer and Presiding Officer
- are appointed for each constituency and polling station.

Chief Election Commissioner

S.No.	Name	tenure	key data
1	Sukumar Sen	1950 to 1958	First Chief Election Commissioner of India, first general election of 1951-52.
2	KVK Sundaram	1958 to 1967
3	S.P. Sen Verma	1967 to 1972
4	Dr. Nagendra Singh	1972 to 1973	Tenure 4 months, later Judge and President of ICJ.
9	Mrs. V.S. Ramadevi	1990 to 1990	The only woman CECTenure 15 daysLater Governor of Karnataka (first permanent woman Governor).
10	T.N. Seshan	1990 to 1996	“Reinventing the Election Commission”,Strict control over money and muscle powerPhoto ID card applicableIndependence of the Commission established.
17	Dr. S. Y. Qureshi	2010 to 2012	First Muslim CECSVEEP program launched
19	Shri H. S. Brahma	2015 to 2015	Emphasis on the use of technology.
22	Shri O. P. Rawat	2018 to 2018
23	Shri Sunil Arora	2018 to 2021	2019 General Election (largest election ever).
24	Mr. Sushil Chandra	2021 to 2022	Study on the possibilities of e-voting and electronic voting.
25	Shri Rajiv Kumar	2022 to 2025
26	Shri Gyanesh Kumar	From 19th February, 2025……………

Former Election Commissioner

1	Shri V. S. Segal	1989 to 1990
2	Shri S. S. Dhanoa	1989 to 1990
3	Dr. G. V. G. Krishnamurthy	1993 to 1999
4	Mr. Ashok Lavasa	2018 to 2020
5	Shri Anup Chandra Pandeya	2021 to 2024
6	Shri Arun Goyal	2022 to 2024
7	Shri Dr Vivek Joshi	February 19, 2025……..
8	Shri Dr. Sukhbir Singh Sandhu	March 15, 2024………..

Present

1	Shri Gyanesh Kumar	Chief Election Commissioner	He was appointed as the Election Commissioner of India on 15 March 2024.On February 19, 2025, he took charge as the 26th Chief Election Commissioner of India.
2	Shri Dr Vivek Joshi	Election Commissioner	Assumption of office – February 19, 2025
3	Shri Dr. Sukhbir Singh Sandhu	Election Commissioner	Assumption of office – March 15, 2024

SWEEP

Systematic voter education and voter participation(Systematic Voters’ Education and Electoral Participation)Voter Education in India is the Election Commission of India’s flagship program to spread voter awareness and promote voter literacy.

Since 2009, we have been working to prepare India’s voters and equip them with general knowledge related to the electoral process.

EVM and VVPAT

The Election Commission of India has been using EVMs in all Lok Sabha and Assembly elections since 2001. More than 315 crore votes have been recorded in EVMs so far.
The Voter Verifiable Paper Audit Trail (VVPAT) system was first used by the Election Commission of India in Noksen Assembly Constituency, Nagaland