23 March 2024 – The Indian Express

Strengthen the Election Commission To Maintain Institutional Trust

• Recently, two retired bureaucrats, Gyanesh Kumar and Sukhbir Singh Sandhu, were appointed as Election Commissioners with great speed. This appointment is made barely two days prior to the 2024 Lok Sabha election dates being officially announced. They presently make up the three members of the Election Commission of India panel, together with Chief Election Commissioner Rajiv Kumar.
• But criticism has been levelled at Election Commissioner Arun Goel’s resignation during a Constitutional Bench hearing meant to guarantee an impartial selection procedure for ECI members. Furthermore, the lack of a definitive reason for Goel’s resignation—especially given that it occurred right before the Lok Sabha election calendar was finalized—has increased concerns about the openness and independence of the commission’s work.

What is the Indian Election Commission?

• In India, the Election Commission of India (ECI) is an independent constitutional body tasked with running the Union and State electoral systems.
• It was founded on January 25, 1950, National Voters’ Day, in compliance with the Constitution. The commission’s secretariat is located in New Delhi.
• Elections to the State Legislative Assemblies, Lok Sabha, Rajya Sabha, and Indian presidential and vice presidential posts are managed by this body.
• Elections to state municipalities and panchayats are unrelated to it. The Indian Constitution makes provision for a distinct State Election Commission for this purpose.

Articles of the Constitution:

• Articles 324–329 of Part XV address elections and create a commission to handle them.
• Article 324: An Election Commission will have supervision, guidance, and control over elections.
• Article 325: No one shall be excluded from or assert an exemption from the special electoral roll on the basis of a person’s race, religion, caste, or sexual orientation.
• Article 326: Adult suffrage shall be the basis for elections to the Legislative Assemblies of the States and the House of People.
• Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
• Article 328: The State Legislature’s authority to establish rules pertaining to elections to the Legislature.
• Article 329: Court intervention in electoral matters is prohibited.

ECI’s organisational structure:

• The Election Commissioner Amendment Act of 1989 allowed the commission to expand from having just one election commissioner to a multi-member body.
• The Chief Election Commissioner (CEC) and any additional election commissioners, if any, that the President may from time to time appoint, will make up the Election Commission.
• It is currently made up of two Election Commissioners (ECs) and the CEC.
• Commissioners’ Appointment and Terms of Office:
• In accordance with the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, the President appoints CECs and Election Commissioners.
• Their term is set at six years, or until they are 65, whichever comes first.
• The CEC and ECs will have the same pay and working conditions as the Cabinet Secretary.

Elimination:

• They are free to leave at any moment, or they can be fired before their term is up.
• While ECs can only be removed on the CEC’s recommendation, CECs can only be removed from office following a procedure by Parliament akin to that of a SC judge.

What has the Indian Election Commission accomplished thus far?

Organising Fair and Unrestricted Elections:

• Numerous elections have been effectively held throughout the nation by the Election Commission of India (ECI), which also makes sure they are impartial and fair.
• Since 1947, it has guaranteed the free and fair conduct of more than 370 state and 17 national elections.

Honoured as an Undiscovered Gem:

• It holds some of the biggest and most protracted elections in the world. For example, the 39-day 2019 parliamentary elections comprised nine phases and 900 million eligible voters.
• The ECI, hailed as a “undocumented wonder,” has come to be seen as a defender of public values, upholding the integrity of free and fair elections in India.

Efforts to Promote Inclusive Engagement:

• The ECI’s actions have made it possible for the underprivileged and disenfranchised to vote with enthusiasm and take part in elections in greater numbers without worrying about being intimidated by stronger, more influential groups.
• In order to preserve the democratic process, it has put in place special protections like reserved seats for Scheduled Castes and Scheduled Tribes. It has also taken steps to stop electoral malpractices such booth capture, voter intimidation, and bribery.

Presenting Voter Identity Cards:

• The Elector’s Photo Identity Card (EPIC), also known as the Indian Voter ID Card, was initially made available in 1993, under the leadership of Chief Election Commissioner T. N. Seshan.
• Voter ID cards function as identification and address verification, preserving the electoral roll’s integrity and lowering the number of cases of impersonation.

Electronic Voting Machine (EVM) Introduction:

• Election fraud has decreased and voting efficiency has increased dramatically since the ECI used electronic voting machines.
• EVMs guarantee vote counting accuracy and have improved India’s election’s transparency and legitimacy.

Model Code of Conduct (MCC) Implementation:

• In order to provide an even playing field for all political parties and candidates, the ECI enforces the MCC during elections.
• In order to promote fair and moral election procedures, the MCC establishes regulations for behaviour throughout the electoral process, including restrictions on political advertising, campaigning, and the use of public resources.

Creative Application of Technology:

• In an effort to enhance the election process, the ECI has embraced technological innovations, introducing voter registration portals, online voter verification systems, and mobile apps for voter education and information sharing.
• The voting process is now more easily accessible, transparent, and effective thanks to these innovations.
• The Election Commission of India created the cVIGIL, or Citizen Vigilance, mobile application, which allows users to submit election code infractions immediately.

Programme Implementation for Voter Education:

• In order to increase voter knowledge and involvement in the election process, the ECI has started a number of voter education projects.
• These programmes seek to enlighten voters about their rights to vote, the value of doing so, and the need of making well-informed decisions when it comes to elections.

What Concerns Are Related to India’s Election Commission?

Constitutional Restraints:

• The legal, academic, administrative, and judicial qualifications of the Election Commission members are not specified by the Constitution.
• The terms of the Election Commission members are not stated in the Constitution.
• The departing election commissioners are still eligible for future government appointments under the terms of the Constitution.

The Government Predominates on the Selection Committee:

• A selection committee made up of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Cabinet Minister from the Union was established by the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act, 2023.
• As a result, the majority of the Selection Committee’s members are from the current administration, which could jeopardise the ECI’s independence.

Tenure Security:

• Election Commissioners do not have a definite term because the government in charge has the authority to remove them on the Chief Election Commissioner’s advice, without following the official impeachment procedure. This leaves them vulnerable and may compromise their independence.

Insufficient Financial Self-Sufficiency:

• The limited financial independence of the Election Commission stems from its dependence on the Union Government for budgetary matters.
• The Election Commission’s reliance on the central government is further reinforced by the fact that its expenses are not funded by the Consolidated Fund of India, despite efforts to maintain independence through various laws.

Election-related Misconduct:

• Voter roll irregularities and discrepancies, including duplicate entries, errors, and omissions, are recurring problems that can impair election fairness and cause disenfranchisement.
• Election integrity can be jeopardised by instances of electoral fraud, which include voter impersonation, voter tampering, and voter list manipulation.
• Particularly in places where political competition or intercommunal tensions have a history, electoral violence is still a serious problem.

Reported Political Bias:

• Allegations of political partiality and bias have been made against the ECI in its decision-making procedures.
• Senior officials employed by State governments have occasionally been abruptly transferred as a result of a commission order.
• Events involving hate speech, the misappropriation of public funds, and the giving of gifts and cash by political parties and politicians demonstrate the necessity for stronger enforcement measures.
• The ECI has been criticised by certain political parties and stakeholders of being biassed towards the ruling party or not acting impartially when handling complaints and election disputes.

Does Not Have the Power to Deregister Political Parties:

• Even in circumstances of serious infractions, the Election Commission is not able to deregister political parties, despite being designated as the enrolling authority under Section 29A of the Representation of the People Act, 1951.
• Furthermore, the ECI lacks the authority to control party finances or impose internal democracy.

Inclusivity and Accessibility:

• It is still difficult to guarantee that all eligible individuals can exercise their right to vote, notwithstanding initiatives to improve voter accessibility and inclusivity.
• Voter turnout can be hampered by problems like poor facilities for voters with impairments, communication difficulties when in distant or underserved areas, and logistical difficulties.