Election Commission of India – Article 324 For UPSC Exam

Election Commission of India: The Election Commission of India is an independent constitutional body that helps and supervises the election process across the nation. Election commission supports the democratic principles of the nation by conducting elections in an unbiased and transparent manner.

The Election Commission under Article 324 make sure the Protection of the rights of voters, and maintains the integrity of the electoral process. Election Commission of India organizes elections at various levels, including the revision of the voter list and candidate nominations, polling, and result declaration.

It is an important topic for UPSC Exam, Which comes under the Indian Polity syllabus. In this article, we will be covering The Election Commission of India in Detail. We will also discuss about Article 324 is also important for IAS Exam. Aspiring candidates can refer to all the relevant articles mentioned to understand the border picture for the UPSC Exam 2024.

What is the Election Commission of India?

The Election Commission of India under Article 324 is a liberated constitutional regime responsible for assisting Union and State election operations in India. The Election Commission of India was established on January 25, 1950, under Article 324 of the Constitution of India.

Its primary role election commission is to ensure the conduct of free and fair elections for the Parliament, and offices of the President and Vice-President in a democratic and transparent manner. However, the electoral processes for local rural and urban bodies within the states are not undertaken by the ECI.

State Election Commission is formed the carry out elections for this purpose. The Election Commission operates autonomously, free from political interference, to ensure the integrity of the electoral process under Article 324.

What are Constitutional Provisions of ECI?

The constitutional provisions of the Election Commission of India are enshrined in Part XV of the Constitution of India, Articles 324 to 329.

• The Election Commission was specified in agreement with the Constitution on 25th January 1950.
• On 16 October 1989, The age of voting was changed from 21 to 18 years.
• In Article Part- XV, Indian constitution deals with elections, and establishes a commission for these matters.
• From Article 324 to 329 Indian constitution deals with powers, function, term, eligibility, etc of the election commission and the associate.

Articles that deal with Constitutional Provisions of Election Commission

Articles from 324 to 329 talk about Constitutional Provisions of Election Commission.

• Article 324 states that the power of 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.
• Article 325 prohibits discrimination on the grounds of religion, race, caste or sex in the matter of inclusion in electoral rolls. This means that every citizen of India, who is not otherwise disqualified, is entitled to be registered as a voter and to cast their vote in elections.
• Article 326 provides for adult suffrage, meaning that every citizen of India who is 18 years of age or above on the date of election is entitled to vote.
• Article 327 empowers Parliament to make laws with respect to elections to Parliament and the State Legislatures. However, such laws cannot be inconsistent with the provisions of Part XV of the Constitution.
• Article 328 provides for the appointment of election commissioners by the President. The Chief Election Commissioner (CEC) is appointed for a term of six years, or until he attains the age of 65 years, whichever is earlier. The CEC and other election commissioners can only be removed from office in the same manner and on the same grounds as a judge of the Supreme Court.
• Article 329 provides for the establishment of a separate Election Commission for each state. However, the state election commissions are subordinate to the Election Commission of India.

What is Article 324?

Article 324 of the Constitution of India states that the superintendence, direction and control of elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).

• Election Commissioners and Present Appointment Process – Article 324
• As per Article 324, the Election Commission consists of the CEC and other members of ECs, as the President may decide.
• Current Selection Process Of CEC and Other Members of ECs
• The Law Minister proposes a list of suitable candidates to the Prime Minister.
• The Prime Minister reviews the list for consideration.

Appointment Authority of ECI

The appointment authority of the ECI is designed to ensure its independence and autonomy. The consultation with the Prime Minister and the Leader of the Opposition is meant to ensure that the appointees are acceptable to both the government and the opposition. The requirement of a six-year term and the same grounds for removal as a judge of the Supreme Court is meant to insulate the ECI from political interference.

• CEC and other Election Commissioners are appointed by the President based on recommendations from the Prime Minister.
• Judicial Ruling – Anoop Baranwal Vs. Union of India (Regarding Appointment Procedure)
• The Supreme Court ruled that the President’s appointment should follow the advice of a Committee.
• The Committee comprises the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India.

Composition of Election Commission of India

Here is the composition of Indian Election Commission:

• At the time of its formation in 1950, the Election Commission was one member body, That was only the Chief Election Commissioner (CEC).
• In 1989, the Election Commissioner Amendment Act 1989 was passed, and ECI was made a multi-member entity. It stated that the Election Commission would comprise the Chief Election Commissioner (CEC) and an additional number of election commissioners, as determined by the President as needed.
• At present, the Election Commission comprises the Chief Election Commissioner (CEC) along with two Election Commissioners.
• The president makes the appointment of the chief election commissioner and other election commissioners. When any other election commissioner is appointed, the chairman of the election commission is the chief election commissioner.
• The power and remuneration, including the salaries of the Chief Election Commissioner and the two remaining election commissioners, are equivalent to those of a judge in the Supreme Court.
• In situations where the opinion of the members differs, the Commission arrives at decisions following the principle of majority.

Tenure of Election Commission:

• Both CEC and other Election Commissioners hold the office for 6 years, or up to the age of 65 years, whichever is earlier. They may be removed or can resign before the completion of their term. The removal process of CEC is the same as that of the removal of a Supreme Court judge by the Parliament

Limitations of Election Commission

The Election Commission of India (ECI) is a constitutional body that is responsible for conducting free and fair elections in India. It is a highly respected and trusted institution, but it also has some limitations.

• Qualification of the members of ECI is not mentioned in the Constitution.
• The Constitution does not define the service duration of the members of the Constitution.
• The Constitution of India does not restrict retired election commissioners from future government appointments.

Independence of the Election Commission

Article 324 of the Constitution of India provides for the independence and impartial functioning of the Election Commission. The various provisions are as follows:

• Security of tenure is provided to the Chief Election Commissioner. He can be removed from his office only on a similar ground and similar manner as that of a judge of the Supreme Court.
• The appointment of an Election Commissioner is made by the President, and he does not hold office until the pleasure of the President.
• The Chief Election Commissioner is only authorized to propose the removal of another Election Commissioner or a Regional Commissioner.
• Once appointed, any changes to the Chief Election Commissioner’s service conditions cannot be made to his disadvantage.

Functions and Powers of the Election Commission

The Election Commission is regarded as the protector of elections in the country. In each election, it administers a Model Code of Conduct for political parties as well as candidates to conduct elections in a free and fair manner.

The Election Commission’s functions and powers are as follows:

1. Administrative
2. Advisory
3. Quasi-judicial

1. Administrative

• The Election Commission organises elections at various levels, including the revision of the voter list and candidate nominations, polling, and result declaration.
• The Commission enforces the Model Code of Conduct, which regulates the behavior of the political parties, government officials, and candidates during election periods to maintain a level playing field.
• The Commission regulates the registration, recognition, and functioning of political parties.
• It monitors the elections pending of candidates and political parties to prevent excessive spending, thereby promoting fair competition.
• It establishes the territorial boundaries of electoral constituencies across the nation according to the provisions outlined in the Delimitation Commission Act of Parliament.

2. Advisory

• The Election Commission provides advice to the President and Governors on matters of disqualifications concerning members of Parliament and that of state legislatures.
• It provides advice to the President regarding the feasibility of conducting elections in a state placed under the President’s rule.
• In cases of conflict after election results involving candidates and political parties, the Election Commission gives advice to the High Courts and Supreme Court.

3. Quasi- Judicial

• The Election Commission functions as a judicial body to resolve disputes related to the recognition of the political parties and the allocation of election symbols to said parties

Importance of the Election Commission of India

EC takes judgments on every part of conduct and management of elections from the notification of elections to the declaration of results. It implements the Code of Conduct and punishes any candidate or party that breaks it.

The Election Commission of India (ECI) acts as a guardian of democratic principles, ensuring the integrity, impartiality, and fairness of the election process. The importance of the election commission can be defined as follows:

• The ECI is responsible for organizing and conducting elections at the national and state levels, ensuring a smooth and fair electoral process.
• It enforces the Model Code of Conduct, setting standards for political behavior, which prevents malpractices during elections.
• It encourages citizens to exercise their democratic rights and participate in the electoral process.
• It serves as a dispute resolution body, settling electoral disputes among candidates, political parties, and stakeholders.
• The ECI regulated political parties, ensuring compliance with rules and regulations, promoting transparency in party finances, and creating a level playing field.

Challenges of the Election Commission of India

The Election Commission of India (ECI) faces several challenges in its role to conduct free, fair, and transparent elections. Some key challenges are as follows:

• Political criminalization in the form of misuse of money and resources, voter fraud, and intimidation during elections, undermine the fairness of the process.
• Ensuring higher voter turnout, especially among marginalized communities and younger citizens, remains a challenge.
• Coordinating the logistics of elections, especially in a diverse and populous country like India, presents significant challenges in terms of infrastructure, manpower, and transportation.
• The influence of the executive on the election commission (ECI losing its independence) has negatively impacted it image.
• EVM malfunctioning, hacking concerns, and failure to record votes erode public trust in the Election Commission.
• Monitoring campaign expenditures and party funding to prevent the influence of money in politics remains a continuous challenge.
• Instances of violence and unrest during elections pose a significant challenge to the ECI.

Reforms Needed to make the Election Commission Of India Better

The Election Commission of India (ECI) is one of the most respected and trusted institutions in India. It has a long history of conducting free and fair elections, even in the face of difficult challenges. However, there is always room for improvement. Here are a few suggestions for reforms that could make the ECI even better:

• Introduce expenditure limits for political parties similar to those prescribed for individual candidates.
• Enforce internal democracy and transparency within political parties, extending their accountability by bringing them under the ambit of the Right to Information (RTI) framework.
• Examine the possibility of state funding for political parties, distinct from election funding, accompanied by independent financial audits and a complete prohibition on private donations.
• Disqualify an individual facing pending charges of heinous crimes in courts, preventing them from contesting elections.
• The Election Commission should be given the authority to de-register political parties that have not contested any elections for a decade and still have enjoyed tax exemptions.
• Recognize paid news as an electoral offense.

Suggestions given by the Election Commission

The Election Commission of India (ECI) has given a number of suggestions over the years to improve the electoral process in India. Some of these suggestions include:

• Not to allow individual candidates to contest from more than one constituency.
• Election to the Parliament and legislative assembly should be conducted simultaneously.
• Paid news should be made an offence.
• Establish an autonomous national election fund to receive tax-free donations, administered either by the ECI or an independent entity.
• Election commissioners should be provided with security of tenure.
• Statutory backing to Model code of conduct.

Chief Election Commissioner (Appointment & Conditions ) Bill – 2023

Recently, the Chief Election Commissioner (Appointment, &Conditions ) Bill – 2023 was passed in the Rajya Sabha.

Key Highlights of the Bill:

Repeals

• It will repeal the existing Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

Proposed Appointment Process of Chief Election Commissioner (CEC) and other Election Commissioners (ECs)

• After the commencement of this bill (if enacted), the President of India will appoint the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) based on recommendations from a Selection Committee.

Selection Committee for the appointment of Chief Election Commissioner (CEC) and other Election Commissioners (ECs)

• The Prime Minister will be the Chairperson of this committee.
• A Leader of the Opposition in Lok Sabha/leader of the largest opposition party.
• A Union Cabinet Minister is nominated by the Prime Minister.

Search Committee for Nomination of CEC and other Election Commissioners (ECs)

• It will headed by the Cabinet Secretary.
• It will prepare a list of 5 candidates for the Selection Committee to consider.

Qualification of Chief Election Commissioner (CEC) and other Election Commissioners (ECs) for Appointment

• CEC and ECs should have held positions equivalent to the rank of a Secretary to the central government.

Salary and Allowances

• They will receive the same salary and allowances as the Cabinet Secretary.

Term of Office

• The term is 6 years or until the age of 65, with no chance for reappointment.

Conduct of Business

• Decisions should ideally be unanimous. In case of disagreements, the majority vote will prevail.

Way Forward -ECI

• While the concerns regarding EVM persist, the commission must enhance public trust by expanding the implementation of the Voter Verifiable Paper Audit Trail System (VVPATS) across a wider range of constituencies.
• Evaluate the possibility of holding simultaneous elections for various levels of government to reduce election-related costs and disruptions.
• Consider reforms such as proportional representation or mixed-member electoral systems to ensure more accurate representation of voters’ preferences.

Why is “Election Commission of India – Article 324” important for UPSC Exam?

The topic “Election Commission of India – Article 324” is important for the UPSC exam for several reasons:

1. Constitutional Significance: Article 324 establishes the Election Commission of India (ECI), an autonomous constitutional body responsible for conducting fair and free elections in India. Understanding the ECI’s role and functions is crucial for comprehending the Indian political system.
2. Current Affairs Relevance: The ECI is a dynamic institution constantly adapting to new challenges and evolving electoral practices. Staying updated on the ECI’s recent initiatives, reforms, and controversies is essential for UPSC aspirants.
3. UPSC Exam Pattern: The ECI and its role in Indian democracy are frequently included in UPSC Prelims, Mains, and Interview questions. A thorough understanding of this topic can significantly enhance your chances of success in the UPSC exam.

Question Asked in UPSC Exam on Election Commission of India

The Election Commission of India is established under which Article of the Constitution of India?

(a) Article 324
(b) Article 325
(c) Article 326
(d) Article 327

Who is the supreme authority responsible for conducting and regulating elections in India?

(a) The President of India
(b) The Prime Minister of India
(c) The Parliament of India
(d) The Election Commission of India

Which of the following is NOT a function of the Election Commission of India?

(a) To prepare and periodically revise electoral rolls
(b) To conduct elections to the Parliament and state legislatures
(c) To appoint and remove election commissioners
(d) To make rules and regulations for the conduct of elections

The Election Commission of India is an independent and autonomous body. It is NOT subject to the control of which of the following?

(a) The Government of India
(b) The Parliament of India
(c) The Supreme Court of India
(d) None of the above

Which of the following is a challenge faced by the Election Commission of India in conducting elections in India?

(a) The use of money power and muscle power in elections
(b) The influence of caste and religion on voting behavior
(c) The low voter turnout among certain sections of society
(d) All of the above

Answers:

1. (a)
2. (d)
3. (c)
4. (a)
5. (d)

Conclusion

A comprehensive set of reforms is required to strengthen our democracy, including the simultaneous elections of Lok sabha and state legislature, the adoption of vote-totalizer machines to safeguard voter privacy, bringing political parties under RTI ambit, enhancing transparency in political funding, and implementing strategies to increase political participation.

GK Quiz on Election Commission of India (ECI)

1. The Election Commission of India (ECI) is an autonomous constitutional authority responsible for overseeing the conduct of elections in the country. Its role includes:

The Election Commission of India (ECI) is a constitutional body. It was founded by the Constitution of India to operate and handle elections in the country.

2. Who appoints the Election Commission of India?

The appointment of the chief election commission of India is made by the President of India. When any other election commissioner is appointed, the chairman of the election commission act as the chief election commissioner.

3. What is the electoral roll?

It is a list of candidates who are eligible to vote. It is prepared much before the election and given to everyone, which is officially called the Electoral Roll . Every year It is issued by the election commission of India

4. When was the Election Commission of India formed?

Answer:

The Election Commission of India was established on January 25, 1950, under Article 324 of the Constitution of India. This day is celebrated as National Voters Day.

5. How many parties are registered by the Election Commission of India?

Answer:

As per the latest update by Election Commission of India(May 2023), there are 6 National parties, 54 state parties, and 2,597 unrecognised parties. Election Commission registers the political parties and allot symbols to them.