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Election Commission of India and State Election Commissions

1. Importance of Elections in a Democracy

Elections are the foundation of a democratic system. Through elections, citizens choose their representatives who make laws and govern the country. Without free and fair elections, institutions like Parliament, State Legislatures, political parties, and governments lose their legitimacy. Therefore, an independent and impartial body is required to conduct elections.

2. Constitutional Basis of Elections in India

The Indian Constitution provides a strong legal framework for elections.

  • Article 326 grants Universal Adult Franchise, giving every Indian citizen aged 18 years and above the right to vote, irrespective of religion, caste, gender, or income.

  • Articles 324 to 329 deal with the electoral machinery in India.

The Constitution does not describe every detail of elections but lays down essential principles such as:

  • Abolition of separate electorates and communal representation

  • Reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs)

  • Single-member territorial constituencies

  • Judicial remedy through election petitions

3. Election Commission of India

The Election Commission of India (ECI) is an independent constitutional body responsible for conducting elections in India.

Composition

  • The Commission consists of:

    • Chief Election Commissioner (CEC)

    • Other Election Commissioners (currently two)

  • All are appointed by the President of India.

  • When more than one Election Commissioner is appointed, the CEC acts as the Chairperson.

Independence

To ensure independence:

  • The service conditions of Election Commissioners cannot be changed during their tenure.

  • The CEC can be removed only through a procedure similar to the removal of a Supreme Court judge (by Parliament with special majority).

4. Functions of the Election Commission

The Election Commission performs several important functions:

  1. Preparation of Electoral Rolls

    • Prepares and updates voter lists for all elections

    • Ensures no eligible citizen is denied the right to vote

  2. Conduct of Elections

    • Announces election schedules

    • Fixes dates for nomination, scrutiny, polling, and counting

    • Orders re-polls in cases of unfair practices

  3. Delimitation of Constituencies

    • Redraws constituency boundaries based on population through Delimitation Acts

    • Such delimitation cannot be challenged in courts (Article 329)

  4. Recognition of Political Parties and Allotment of Symbols

    • Recognises national and state parties

    • Allots election symbols and resolves disputes related to symbols

  5. Model Code of Conduct

    • Enforces rules of behaviour for political parties and candidates

    • Prevents misuse of government machinery during elections

  6. Advisory Role

    • Advises the President and Governors on:

      • Disqualification of MPs and MLAs

      • Election-related matters

5. Chief Election Commissioner (CEC)

The CEC is the head of the Election Commission and plays a crucial role in maintaining electoral integrity.

Powers and Functions

  • Supervises preparation of electoral rolls

  • Appoints and controls election officials

  • Decides election symbols in disputed cases

  • Regulates political broadcasts during elections

  • Advises the President and Governors on electoral disputes

The secure tenure and independent functioning of the CEC ensure that elections remain free from political pressure.

6. Laws Governing Elections

Elections in India are mainly governed by:

  • Representation of the People Act, 1950 – deals with electoral rolls and delimitation

  • Representation of the People Act, 1951 – deals with conduct of elections, qualifications, disqualifications, and election disputes

7. Electoral Reforms (Brief Overview)

Some major reforms and improvements include:

  • Introduction of Electronic Voting Machines (EVMs)

  • Voter ID cards to prevent bogus voting

  • Increase in election expenditure limits

  • Strict enforcement of the Model Code of Conduct

8. Conclusion

Despite certain challenges, India’s electoral system is considered one of the strongest in the world. The Election Commission of India has largely succeeded in conducting free, fair, and impartial elections. Its independence and constitutional protection have helped strengthen Indian democracy since independence.

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