Cheat Sheet: Election Commission of India

1. Constitutional Framework

1.1 Constitutional Provisions

1.2 Scope of Powers

• Powers extend to elections for Parliament, State Legislatures, offices of President and Vice-President
• Does not extend to elections to Panchayats and Municipalities (separate State Election Commissions under Articles 243K and 243ZA)
• Plenary powers subject only to provisions of Constitution and laws made by Parliament

2. Composition and Appointment

2.1 Structure

2.2 Appointment Process

• No collegium or consultation mechanism prescribed in Constitution
• Chief Election Commissioner and Election Commissioners appointed by President
• Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 governs conditions

3. Removal and Security of Tenure

3.1 Removal of Chief Election Commissioner

3.2 Removal of Other Election Commissioners

• Can be removed by President on recommendation of Chief Election Commissioner
• Provides independence from executive but subordination to Chief Election Commissioner
• Ensures internal hierarchy within Commission

3.3 Conditions of Service

• Chief Election Commissioner's conditions cannot be varied to his disadvantage after appointment (Article 324(3))
• Ensures security of tenure and independence
• Other Election Commissioners' conditions also protected but can be removed on CEC's recommendation

4. Powers and Functions

4.1 Superintendence, Direction and Control

4.2 Specific Powers

4.2.1 Electoral Roll Preparation

• Preparation and revision of electoral rolls
• Registration of voters
• Ensuring accuracy and completeness of electoral rolls

4.2.2 Delimitation of Constituencies

• Determination of territorial constituencies
• Works in consultation with Delimitation Commission
• Notification of constituencies

4.2.3 Recognition of Political Parties

• Grant of recognition to political parties as national or state parties
• Allocation of symbols to political parties and independent candidates
• Withdrawal of recognition for non-compliance with conditions

4.2.4 Model Code of Conduct

• Enforcement of Model Code of Conduct from announcement of election schedule
• Monitoring campaign expenditure
• Taking action against violations including speeches, advertisements, processions
• Not statutory but enforced through Article 324 powers

4.2.5 Scheduling and Conduct

• Announcement of election schedule including dates for notification, nomination, scrutiny, withdrawal, polling, and counting
• Appointment of dates for elections
• Notification of election program
• Superintendence over preparation, revision and correction of electoral rolls

4.2.6 Disqualification Matters

• Advisory jurisdiction on disqualification of members under Article 103 (Parliament) and Article 192 (State Legislature)
• President/Governor acts on Election Commission's opinion
• Opinion is binding

4.2.7 Administrative Powers

• Requisition of staff for election duty
• Appointment of observers
• Use of government machinery and premises
• Deployment of police and security forces
• Countermanding or postponing elections in case of booth capturing, violence or natural calamity

5. Decision-Making Process

5.1 Multi-Member Decision Making

6. Quasi-Judicial Functions

6.1 Disputes and Adjudication

6.2 Limitations on Judicial Review

• Article 329(b): No election can be called in question except by election petition to authority prescribed by law
• Courts have limited jurisdiction to interfere during electoral process
• Election petitions can be filed only after election completion
• Supreme Court can intervene in case of violation of constitutional provisions or statutory requirements

7. Independence and Autonomy

7.1 Constitutional Safeguards

7.2 Plenary Powers Under Article 324

• Residuary powers to fill gaps in electoral laws and rules
• Powers to be exercised to ensure free and fair elections
• Can issue directions necessary for conduct of elections even if not specifically provided in law
• Power extends to all matters necessary for smooth conduct of elections

8. Landmark Judicial Pronouncements

8.1 Major Cases

9. Model Code of Conduct

9.1 Nature and Scope

9.2 Key Provisions

9.2.1 General Conduct

• No party shall indulge in activities aggravating existing differences or create mutual hatred
• Criticism of other parties based on policies and programs; no personal attacks
• No use of caste or communal feelings for securing votes
• No appeal to vote on grounds of religion, race, caste, community or language

9.2.2 Government Restrictions

• No announcement of financial grants, promises or laying of foundation stones
• No use of official machinery for campaign purposes
• Ministers' tours: only official tours allowed; clear distinction between official and political activities
• No advertisement at government expense with names/photographs of Ministers or party functionaries
• No misuse of government transport, accommodation or resources

9.2.3 Media and Publicity

• Equal opportunity to all parties in state-owned media
• No party in power shall have advantage of official mass media
• Content of election propaganda to be consistent with code provisions

10. Electoral Reforms and Recent Developments

10.1 NOTA Option

• None of the Above (NOTA) option introduced pursuant to PUCL v. Union of India (2013)
• Enables voters to reject all candidates while maintaining ballot secrecy
• Does not lead to re-election even if NOTA gets majority

10.2 Use of Technology

10.3 Expenditure Monitoring

• Ceiling on election expenditure prescribed for candidates
• Monitoring through expenditure observers and flying squads
• Power to freeze accounts and seize unaccounted cash and materials
• Strict enforcement through video surveillance and digital reporting

11. Limitations and Challenges

11.1 Statutory and Constitutional Limitations

11.2 Administrative Challenges

• Coordination with multiple state governments and agencies
• Enforcement of Model Code of Conduct without statutory backing
• Limited staff and resources; dependence on deputation
• Monitoring of money power and criminalisation in politics

12. Comparison with State Election Commissions

12.1 State Election Commissions

• Established under Articles 243K (Panchayats) and 243ZA (Municipalities)
• Consist of State Election Commissioner appointed by Governor
• Removal only through process similar to High Court Judge
• Conduct elections to Panchayats and Municipalities
• Independent of Election Commission of India