Election Commission of India

This article is about the body which oversees elections in India. For similar bodies in other jurisdictions, see Election commission.
Not to be confused with Election Commissioner of India.

Election Commission of India
Official logo[1]
Constitutional Body overview
Formed25 January 1950; 74 years ago (1950-01-25)
(celebrated as National Voters' Day)
JurisdictionThe Republic of India
HeadquartersNirvachan Sadan, Ashoka Road, New Delhi[2]
28°37′26″N 77°12′40″E / 28.62389°N 77.21111°E / 28.62389; 77.21111
Employees~300[3]
Constitutional Body executives
Websiteeci.gov.in (only accessible in India)
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The Election Commission of India (ECI) is a constitutional body established by the Constitution of the Republic of India empowered to conduct free and fair elections in the Republic of India. It is headed by a chief election commissioner and consists of two other election commissioners as constituent members.

Structure

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See also: Chief Election Commissioner of India and Election Commissioner of India

In 1950, the Election Commission of India was established as a single member body. As per The Election Commissioner Amendment Act, 1989, the commission was made a multi-member body headed by a chief election commissioner and two other election commissioners, who were appointed to the commission for the first time on 16 October 1989. On 1 January 1990, it reverted back to a single member body after the post of election commissioner was abolished, before being restored to the three member structure on 1 October 1993.[6][3] The commission headed by the chief election commissioner and consisting of two other election commissioners is further assisted by directors general, principal secretaries, and secretaries.[3][7] The chief election commissioner does not have overruling powers and any decision is taken by the opinion of the majority among the three.[3][8] The commission is headquartered at Nirvachan Sadan in New Delhi.[3]

At the states and union territories, the state election commission is assisted by the chief electoral officer of the state or union territory (CEO), who leads the election machinery in the states and union territories. At the district and constituency levels, election and related work is carried out by the district magistrate or collector (in their capacity as district election officers), electoral registration officers and returning officers.[3]

Appointment and term of office

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The appointment and term of the election commissioner is prescribed in the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. As per the Section 7 of the act, an election commissioner is appointed by the President of India on the recommendation of a selection committee headed by the prime minister of India and consisting of the leader of the opposition in Lok Sabha and a member of the Union Council of Ministers to be nominated by the Prime Minister.[9] They were earlier appointed by the President on the recommendation of the Prime Minister. In March 2023, the Supreme Court of India ruled that the appointments shall be made by a committee consisting of the prime minister, leader of opposition and the chief justice of India and the process would be in place until a new law is enacted with regards to the same.[10] The new law enacted in 2023, replaced the chief justice with a member appointed by the prime minister in the selection committee.[11]

The term of the CEC can be a maximum of six years from the date on which he/she assumes his office. However, the CEC retires from office if he/she attains the age of sixty-five years before the expiry of the term.[6] While the CEC can only be removed by office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha to be present and voting for the same, election commissioners can be removed by the President on the recommendation of the CEC.[6]

Powers and functions

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See also: Election Commission of India's Model Code of Conduct

The Election Commission of India is a body constitutionally empowered to conduct free and fair elections to the national, the State Legislative Assemblies, State Legislative Councils and the offices of the president and vice-president.[3][12] The Election Commission operates under the powers granted by Article 324 of the Constitution and subsequently enacted Representation of the People Act.[13][14] The state election commissions are responsible for conducting local body elections in the respective states.[6] The election commission decides the dates for the filing of nominations, voting, counting and announcement of results.[15][16]

It issues a Model Code of Conduct for political parties and candidates to ensure that the elections are conducted in a free and fair manner.[17] The Code of Conduct was issued for the first time in 1971 for the 5th Lok Sabha elections and has revised it from time to time. It lays down guidelines for the conduct of political parties and candidates during an election period.[18] Instances of violation of the code by various political parties and misuse of official machinery by the candidates are dealt according to the law.[19]

A law for the registration process for political parties was enacted in 1989.[20] The registration ensures that the political parties are recognized as national, state and regional parties. The election commission has the right to allot symbols to the political parties depending on the status. The same symbol cannot be allocated to two political parties even if they do not contest in the region.[21]

The commission prepares electoral rolls and updates the voter list. To prevent electoral fraud, Electors Photo Identity Cards (EPIC) were introduced in 1993. However certain legal documents such as ration cards have been allowed for voting in certain situations.[22]

The commission is empowered to prohibit the dissemination or publication of voting trends that seek to influence voters by opinion polls or exit polls.[23][24][25]

The Election Commission is responsible for scrutinizing and accepting the applications of the candidates willing to contest in the elections. A person can be disqualified from contesting the elections if incorrect or incomplete information is provided in the affidavits and if he/she has been convicted by any court in India in which a jail term of two or more years has been awarded.[26] In 2017, the Election Commission supported the case for a lifetime ban on convicted felons from contesting elections in an affidavit filed in the Supreme Court.[27][28]

The Election Commission sets limits on poll related expenditure by the candidates during election campaigns. The commission appoints officers of Indian Revenue Service from the Income Tax Department as election observers.[29][30] The commission takes details of the candidate's assignment in an affidavit at the time of submitting the nomination paper, and they are also required to give details of their expenditure within 30 days of the declaration of results.[31]

The election commission operates various electronic media including websites and mobile applications for enabling various functions such as addressing grievances, checking electoral rolls, disseminating information on candidates, announcement of results and monitoring of assigned tasks.[32][33]

Voting

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Further information: Electronic voting in India
Electronic voting machines (EVMs) with Voter-verified paper audit trail (VVPAT)

Voting in India is done using Electronic voting machines (EVMs) and there are provisions for Postal voting and special arrangements for the disabled.[3]

Electronic voting machines (EVM) were introduced by the Election Commission to reduce malpractices and improve efficiency. The EVMs were first trialed in 1982 in the by-election to Paravur assembly constituency in Kerala in a limited number of polling stations.[34] After successful testing and legal inquiries, the commission decided to introduce these voting machines on a large scale.[3] EVMs are manufactured by two public sector undertakings, Bharat Electronics and Electronics Corporation of India Limited.[35] Voter-verified paper audit trail (VVPAT) was introduced on a trail basis in a by-poll in September 2013 in Noksen (Assembly Constituency) in Nagaland.[36] It was later used in various legislative elections and in eight Lok Sabha constituencies in 2014 Indian general election.[37]

NOTA Voting Symbol in India

In 2014, none of the above (NOTA) was also added as an option on the voting machines which is now a mandatory option to be provided in any election.[38][39] The specific symbol for NOTA, a ballot paper with a black cross across it, was introduced on 18 September 2015.[40] Photo electoral rolls with photographs of the candidates on the EVMs were first introduced in the 2015 Bihar Legislative Assembly election.[41][42]

Election Commission organised an open hackathon on 3 June 2017 encouraging people to attempt hacking of EVMs used by the commission in various Indian elections.[43] While none of them participated, functioning of the EVM and VVPAT machines were demonstrated in the event.[44]

Postal voting in India is done only through Electronically Transmitted Postal Ballot Papers (ETPB). Ballot papers are distributed to the registered eligible voters who return the votes by post. Postal votes are counted first before the counting of votes from the EVM. Only certain categories of people are eligible to register as postal voters. Employees working in the union armed forces and state police as well as their spouses, and those working for the Government of India who are officially posted abroad can register for the postal vote. People in preventive detention can use postal vote while prisoners are not allowed to vote.[45] The Election Commission of India has granted permission for individuals aged 80 and above and those with physical challenges to cast their votes from their homes.[46]

The Election Commission of India did not have data with regards to disabilities of voters as ascertained by a RTI application filed in 2014.[47] The commission offered sign language support to assist voters with speech and hearing impairment.[48]

See also

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References

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  1. ^ "Election Commission of India". Government of India. Retrieved 21 March 2024.
  2. ^ "Contact Us". Election Commission of India. Retrieved 1 January 2024.
  3. ^ a b c d e f g h i "A Constitutional Body". Election Commission of India. Retrieved 5 January 2012.
  4. ^ "Rajiv Kumar formally takes over as 25th Chief Election Commissioner". The Times of India. 19 May 2022. Retrieved 1 December 2023.
  5. ^ a b "Gyanesh Kumar, Sukhbir Singh Sandhu take charge as Election Commissioners". The Indian Express. 15 March 2024. Retrieved 17 March 2024.
  6. ^ a b c d "Election, FAQ". Government of India. Retrieved 1 December 2023.
  7. ^ Laxmikanth, M (2017). Indian Polity. McGraw Hill. p. 42. ISBN 978-9-35260-363-3.
  8. ^ "The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 (Act No. 11 of 1991)" (PDF). Ministry of Law and Justice, Government of India. 25 January 1991. Archived from the original (PDF) on 29 March 2017. Retrieved 9 September 2017.
  9. ^ "SC refuses to stay new law on appointment of CEC and ECs, issues notice to Centre". The Economic Times. 13 February 2024. Retrieved 1 April 2024.
  10. ^ "Supreme Court Says Committee of PM, Leader of Opposition, CJI Should Appoint Election Commissioners". The Wire. 2 March 2023. Retrieved 1 June 2024.
  11. ^ "Supreme Court agrees to hear plea against law dropping CJI from committee to select CEC, ECs". The Indian Express. 14 March 2024. Retrieved 3 June 2024.
  12. ^ "The Presidential and Vice-Presidential Elections Act, 1952 (Act No. 31 of 1952)" (PDF). Election Commission of India. 14 March 1952. Archived from the original (PDF) on 9 October 2010. Retrieved 9 September 2017.
  13. ^ "Part XV of the Constitution of India – Elections – Article 324" (PDF). Ministry of Law and Justice, Government of India. Archived from the original (PDF) on 3 December 2011. Retrieved 9 September 2017.
  14. ^ "The Representation of the People Act, 1951" (PDF). Ministry of Law and Justice, Government of India. Archived from the original (PDF) on 1 May 2015. Retrieved 9 September 2017.
  15. ^ Iqbal, Aadil Ikram Zaki (4 January 2017). "UP poll dates announced, results on March 11". India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  16. ^ Sharma, Test (10 October 2007). "Gujarat, Himachal get dates for Assembly polls". News18. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  17. ^ Joyita (14 April 2014). "Model Code of Conduct and the 2014 General Elections". PRS Legislative Research. Archived from the original on 28 November 2018. Retrieved 9 September 2017.
  18. ^ "Election Commission enforces model code of conduct in Manipur". Hindustan Times. 5 January 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  19. ^ Chhibber, Maneesh (5 November 2015). "Model Code is only moral code, but carries weight". The Indian Express. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  20. ^ "Registration of political parties under section 29A of the Representation of the People Act, 1951" (PDF). Election Commission of India. 23 March 1992. Archived from the original (PDF) on 14 October 2010. Retrieved 9 September 2017.
  21. ^ "Handbook of Symbols, 2004" (PDF). Election Commission of India. 2004. Clause 9. Archived from the original (PDF) on 11 January 2012. Retrieved 9 September 2017.
  22. ^ "When using ration card as identity proof, entire family should vote". The Indian Express. 8 October 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  23. ^ "Subject - Guidelines for Publication and Dissemination of Results of Opinion Polls/Exit Polls". Election Commission of India. 20 January 1998. Archived from the original on 6 January 2019. Retrieved 9 September 2017.
  24. ^ "Election Commission bans exit polls in election-bound states". The Times of India. 29 January 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  25. ^ Chopra, Ritika (16 February 2017). "Exit polls and why they are restricted by the panel: All your questions answered". The Indian Express. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  26. ^ "A Person is Disqualified to Contest Elections if Conviction Not Stayed: SC". News18. 9 December 2020. Retrieved 1 December 2023.
  27. ^ Anand, Utkarsh (21 March 2017). "Election Commission supports lifetime ban on convicts from contesting". The Indian Express. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  28. ^ Rautray, Samanwaya (15 September 2016). "Lifetime ban on convicted netas: Supreme Court seeks Center, Election Commission's views". The Economic Times. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  29. ^ Kumar, Pradeep (23 March 2017). "RK Nagar byelection: Observers appointed". The Times of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  30. ^ "Deployment of observers in RK Nagar a new national record: Election Commission". The New Indian Express. 31 March 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  31. ^ "The Function (Electoral System)". Election Commission of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  32. ^ Varma, Nikhil (17 July 2017). "The technocrats, reinvented". The Hindu. Archived from the original on 24 September 2021. Retrieved 24 September 2021.
  33. ^ "Election Commission of India: Ludhiana district administration develops mobile app for Election Commission of India". The Times of India. 2 January 2017. Retrieved 24 July 2022.
  34. ^ "A brief history of EVMs in India". The Hindu. Retrieved 1 September 2023.
  35. ^ "EVMs, VVPATS designed, manufactured indigenously by 2 PSUs: Government". Business Standard. 17 March 2023. Retrieved 1 December 2023.
  36. ^ Singh, Bikash (4 September 2013). "VVPAT used or the first time in Noksen bypolls". The Economic Times. Archived from the original on 12 April 2016. Retrieved 9 September 2017.
  37. ^ "India devises flawless ballot mechanism". The News International. 19 December 2013. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  38. ^ Joshua, Anita (13 October 2013). "Election Commission okays NOTA option". The Hindu. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  39. ^ "NOTA to be provided in general elections". The Times of India. 5 March 2014. Archived from the original on 5 March 2014. Retrieved 9 September 2017.
  40. ^ "Now, 'NOTA' has an electoral symbol too". Daily News and Analysis. 18 September 2015. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  41. ^ Shivadekar, Sanjeev (30 March 2015). "Now, photos of candidates on EVMs to weed out 'dummies'". Times of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  42. ^ Virk, Aviral (21 September 2015). "Contesting the Bihar Polls? Dummy Candidates Beware". The Quint. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  43. ^ "AAP calls EC's EVM challenge 'farce', begins registration for its hackathon". The Economic Times. 3 June 2017. Archived from the original on 10 September 2017. Retrieved 9 September 2017.
  44. ^ Prabhu, Sunil (3 June 2017). Tikku, Aloke (ed.). "The EVM (Vote Machine) 'Hackathons' That Weren't: 10 Points". NDTV. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  45. ^ "Maharashtra, Haryana Elections 2019: Can You Vote By Postal Ballot If You Aren't Living At Home?". Huffington Post. 26 September 2019. Retrieved 30 July 2020.
  46. ^ "EC provides facility to voters above 80 years of age & Divyanga to vote from home". News On AIR. 13 November 2023. Retrieved 13 November 2023.
  47. ^ Gohain, Manash Pratim (27 January 2014). "Polls near, but no data of voters with disabilities". Times of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  48. ^ "Election commission offers sign language assistance to voters". Hindustan Times. 9 November 2022. Retrieved 1 November 2023.
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