The Hindu Editorial Analysis- 23rd September, 2022 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Internal Democracy  

Context: The Election Commission of India (ECI) has rejected the idea of a ‘permanent president’ for a party.

Election Commission of India - Historical Background

• General elections were held in India between 25 October 1951 and 21 February 1952. They were the first elections to the Lok Sabha after independence in August 1947. It was conducted under the provisions of the Indian Constitution, which was adopted on 26 November 1949 by the Election Commission of India established under Article 324 of the Indian constitution.
• Till 1989, the election commission was a single-member body consisting of only the Chief Election Commissioner when two more election commissioners were appointed functioning as a multi-member body.
• Again between 1990 and 1993 the election commission was a single-member body. Presently the Election Commission has a chief Election commissioner and two other election commissioners.
• The commission is assisted by deputy election commissioners and at the state level assisted by the chief electoral officer appointed by the commission with tenure system.

Composition of Election Commission of India

The Election Commission shall consist of:

• A chief election commissioner and Other election commissioners (the number is to be decided by the President from time to time) Art 324.
• Regional commissioners to be appointed by the President(after consultation with the election commission) as he may consider necessary to assist the Election Commission.
• The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the President.

Appointment of Members of Election Commission of India

• The Constitution does not provide any educational, legal, administrative or judicial qualification for the appointment of members of the election commission.
• It has authorized the Parliament to make laws for the appointment of members of the election commission. The parliament, however, has not enacted any law in this regard.
• Recently in July 2017 the Supreme Court hearing a plea seeking Constitution of a committee composed of the Prime Minister, leader of the opposition and the chief justice of India for appointment of election commissioner expressed concerns over the absence of a law on the appointment to election commission of India and chief election commissioner. The apex court asked the government to formalise a law for the appointment of members of the election commission.

Structure and Terms

• The commission consists of one chief election commissioner and two election commissioners appointed by the President.
• Tenure six years or up to the age of 65 years whichever is earlier.
• The Constitution does not prescribe terms of members of the election commission.
• The chief election commissioner and two other election commissioners have equal powers and receive equal salaries, allowances and other perks similar to those of a judge of the supreme court.
• The secretariat of the commission is located in New Delhi.

Removal of Chief Election Commissioner

• The constitution provides that the Chief election commissioner cannot be removed from his office except in the like manner and grounds as a judge of the supreme court.(removed by the president based on a resolution to that effect passed by a special majority of both the houses on grounds of proved misbehaviour or incapacity).
• Other election commissioners or regional commissioners can be removed from the office only on the recommendation of the Chief Election Commissioner.
  (Note: Removal requires a special majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house)

Functions Election Commission Of India

Administrative functions

• Determine territorial areas of electoral constituencies based on the delimitation commission act.
• It prepares and revise electoral rolls and to register all eligible voters.
• It grants recognition to political parties and allot election symbols to them.
• Notify the dates and schedules of elections and scrutinize nomination papers.
• Supervise machinery of elections throughout the county to ensure free and fair elections.
• It determines the Code of Conduct and cancels polls in the event of booth capturing and other irregularities.

Quasi-Judicial function

• It has the power to settle disputes related to recognition granted to political parties.
• It is entitled to act as a court for matters relating to disputes arising out of the election symbol to political parties.
• It also has the power to disqualify a contender who failed to lodge an account of his election expenses within a given time.

Advisory function

• It advises the President and the Governor on matters relating to disqualification of members of parliament and the state legislature. The opinion of the commission in all such matters is binding.
• To Advise the president whether the elections can be held in a state under the President's rule to extend the period of emergency after one year.

Importance

Significance of Election Commission of India

• It upholds values enshrined in the Constitution viz, equality, impartiality, equity.
• It supervises and controls electoral Governance.
• VVPAT was introduced with EVM at every polling station to enhance transparency.
• It facilitates awareness about the electoral procedure and functioning to voters, political parties, and candidates thereby strengthening the electoral system of the country.

Challenges

• It is unclear whether the ECI can transfer a State government official in the exercise of the general powers under Article 324 or under the model code.
• Electoral malpractice and increased violence under the influence of money has resulted in political criminalization, which ECI is unable to punish the political parties responsible for the violation.
• ECI is not a fully independent body and has no measures to regulate the finances of the parties and has no power in enforcing inner-party democracy.
• One of the major institutional drawbacks is non-transparency in the election of CEC and the other two commissioners and is based on the choice of presiding government.

Way Forward

• The Tarkunde Committee on Electoral reform (1975) and Goswami committees on Electoral reforms (1990) recommended the selection of a commissioner rather than an appointment based on the discretion of the President.
• The expenditure incurred by the election commission should be charged on the consolidated fund of India rather than the current practice of parliament approval.
• It is necessary to protect the two commissioners from removal except through impeachment as provided by the constitution for the chief election commissioner, sole member at the time of inception.
• The 2nd ARC report recommended for the selection panel headed by the Prime Minister with the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister and the Deputy Chairman of the Rajya Sabha as members should make recommendations for the consideration of the President for appointment of the Chief Election Commissioner and the Election Commissioners.
• Use of VVPAT and Vote Totaliser machine shall be used to protect voters from harassment by political parties.
• Legal backing for the Model Code of Conduct is necessary to prevent its violation and power to be given to EC to punish the violators.
• Issues related to malfunctions and tampering of EVM should be settled by creating all party panels and International experts. Introducing M3 type of EVMs which are more secure.