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:
Preparation of Electoral Rolls
Prepares and updates voter lists for all elections
Ensures no eligible citizen is denied the right to vote
Conduct of Elections
Announces election schedules
Fixes dates for nomination, scrutiny, polling, and counting
Orders re-polls in cases of unfair practices
Delimitation of Constituencies
Redraws constituency boundaries based on population through Delimitation Acts
Such delimitation cannot be challenged in courts (Article 329)
Recognition of Political Parties and Allotment of Symbols
Recognises national and state parties
Allots election symbols and resolves disputes related to symbols
Model Code of Conduct
Enforces rules of behaviour for political parties and candidates
Prevents misuse of government machinery during elections
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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