Election Commission of India (ECI)

Election Commission of India (ECI) is a Constitutional Body. It was established in 1950. Its main headquarter is in New Delhi. Its main Aim is To conduct and regulate elections in the country. The Current Chief Election Commissioner is Rajiv Kumar.

ECI Logo

About Election Commission of India

Article 324 of the Constitution provides 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.
However, tenure of election commissioners is not prescribed by Indian Constitution. But according to the 1991 Election Commission Act, the Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years, or up to the age of 65 years from the date on which he/she assumes his/her office.

Structure of Election Commission of India

Multi-member Body – 3-member Commission.
- “The Election Commissioner Amendment Act, 1989” was adopted on 1 January 1990.
- National Level –
  - Only one Chief Election Commissioner.
  - Deputy Election Commissioners, who are generally IAS officers.
  - Further assisted by Directors General, Principal Secretaries, and Secretaries and Under Secretaries.
- State Level –
  - One Chief Electoral Officer of the State.
  - District Magistrates.
  - Electoral Registration Officers
  - Returning Officers perform election work.
Removal of Members –
- Process of removal of Chief Election Commissioner is similar to the removal of a judge of the Supreme Court of India.
- Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner.

Functions of Election Commission of India

Free and Fair Elections of the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of the country.
Right to allow symbols to the political parties.
Gives recognition to the national, state and regional parties.
Sets limits on poll expenses.
Prepares electoral rolls and update the voter’s list from time to time.
Notifications of dates and schedules of election for filing nominations.

Electoral Bonds by Election Commission of India

Introduced in 2017 and implemented in 2018.
EB serve as a means for individuals and entities to make donations to registered political parties while maintaining donor anonymity.
SBI issues the bonds –
- Denominations in multiple of Rs 1,000.
- SBI has to disclose the unique alphanumeric numbers of individual electoral bonds to the Election Commission (EC) on its official website.
- Sales of EB occurred only during specific periods designated by Centre, spanning 10 days each in January, April, July and October.
Features of EB –
- EB are payable to the bearer on demand and interest-free and can be purchased by any Indian citizen.
- EB can be bought individually or jointly with other individuals and is valid for 15 calendar days from the date of issue.
- EB can be purchased digitally or through cheques.
Regarding Parties –
- Parties must have to encash the amount within the stipulated 15-days period otherwise donations would be subsequently deposited into the PM Relief Fund.
- Parties must disclose their bank account with the Election Commission of India (ECI). And Donations are made through banking channels, ensuring transparency.
Eligible Parties –
- Only the political parties registered under Section 29A of the Representation of the People Act, 1951.
- Parties have secured not less than 1% of the votes polled in the last general election to the House of the People or the Legislative Assembly.

Model Code of Conduct by Election Commission of India

A set of norms for guidance of political parties and candidates.
Also covers the Public Servants.
Main Aim – conducting free and fair elections.
Objective – To provide a level playing field for all parties and contesting candidates.
Enforced by the Election Commission of India.
Evolved with the consensus of political parties.
MCC can be enforced –
- Through corresponding provisions in –
  - Code of Criminal Procedure, 1973
  - Representation of the People Act, 1951
  - Indian Penal Code, 1860
- Through Corrupt Practices and Electoral Offences in connection with Elections under RPA-1951.
Election Commission has argued against making the MCC legally binding because –
- Elections must be completed within a relatively short time (close to 45 days),
- And Judicial proceedings typically take longer, therefore it is not feasible to make it enforceable by law.
ECI a quasi-judicial body in the matter related to election and election disputes.

Evolution

In 1960, Adopted for the first time in Assembly Elections of Kerala.
In 1962, 3rd General Election, accepted and implemented by political parties to large extent as circulated by EC.
In 1991, consolidated code enforced by EC, implemented (Seshan Era :1990-96).
In 2001, EC and Union Government agreed for Enforcement of MCC from date of announcement of election schedule.
In 2014, Election Manifestos brought into the key provisions of MCC , included as 8th Para(Ref- Subramaniam Balaji case of TN).
- The eight paras/provisions :-
  1. General Conduct
  2. Meetings
  3. Processions
  4. Polling day
  5. Polling Booth
  6. Observers
  7. Party in power
  8. Election manifestos

Arun Goel quits as EC ahead of Lok Sabha poll

Election Commissioner Arun Goel resigned on 9th March.
His tenure was till 2027.
1985-batch IAS officer of the Punjab cadre.
Joined the EC on November 21, 2022.
Resignation accepted by President Droupadi Murmu w.e.f March 9.
Election Commission has been reduced to just one member — Chief Election Commissioner Rajiv Kumar.
Election Commissioner Anup Chandra Pandey retired in February.
The last Election Commissioner to resign in the recent past was Ashok Lavasa who quit in 2020 to join the Philippines-based Asian Development Bank (ADB).

New ECs of Election Commission of India appointed

Retired bureaucrats Gyanesh Kumar and Sukhbir Singh Sandhu were appointed Election Commissioners on 14th March, 2024.
First time appointed in accordance with the new Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- The Act provisions that a selection committee headed by the Prime Minister, which comprises the Leader of the Opposition in the Lok Sabha and a PM-nominated Union Minister, will select the members of the commission.
In the current committee,
- Cabinet Minister – Union Home Minister Amit Shah
- Opposition Leader – Adhir Ranjan Chowdhury being the Congress leader of the House in the Lok Sabha.
Till the SC ruling, Election Commissioners and the Chief Election Commissioner (CEC) had been appointed by the President after recommendations of the government.

Polling Stations (PS)

There are 3 types of Polling Stations identified by EC in India – Vulnerable, Critical and Shadow.

Vulnerable Polling Stations (VPS)

All such polling stations where voters or section of voters are likely to be vulnerable are called as Vulnerable Polling Stations or Sanvedanasheel Matdaan Kendra.
And this identifying exercise is called Vulnerability Mapping (VM).
They are for the persons or other factors causing such vulnerability and/or to identify the villages/hamlets/habitats and segments of electorate vulnerable to any threat, intimidation or interference against the free exercise of electoral right and taking adequate corrective action thereof.

Critical Polling Stations (CPS)

All such Polling Station where percentage of poll recorded is more than 75% and where more than 75% of votes have been recorded in favour of one candidate shall be identified as Critical Polling Stations or Mahatvapooran Matdaan Kendra.

Shadow Polling Station (SPS)

All such polling stations where there is no internet or no public communication or no wireless communication or no any other means communication possible are identified as Shadow Polling Stations or Shadow Matdaan Kendra.

Laws regarding ECI

Article 324 of the Constitution – EC is the highest authority that has been vested with the powers of superintendence and control of elections.
Section 77 of the Representation of the People Act, 1951 (RP Act) – provides for law relating to expenditure incurred by ‘leaders of a political party’. These ‘leaders of a political party’ are popularly known as ‘star campaigners’.

Latest News related to Election Commission of India

20 new companies bought poll bonds, a punishable offence
- Despite firms in existence for less than three years not being allowed to make political contributions.
- Data show that at least 20 such newly incorporated companies purchased electoral bonds worth about ₹103 crore.
  - When they purchased their first electoral bonds, five of these firms were in existence for less than a year, seven of them were a year old and the eight had only completed two years.
- History ofban on firms making political contributions within three years of incorporation –
  - In 1985, the Parliament amended Section 293A, lifting the ban on political contributions by firms subject to a few conditions. One of the conditions was that the firms should not be owned by the government and should not be less than three years old.
  - However, this clause was retained under Section 182 of the Companies Act, 2013.
  - When Section 154 of the Finance Act, 2017, amended Section 182, just before the introduction of electoral bonds, this clause was again retained.
  - The amendment deleted the first proviso by which the amount donated by a company was capped at 7.5% of its average net profit during its previous three financial years.
- According to Section 182 of the Companies Act 2013, if a firm makes a donation in contravention to the provisions, “the company shall be punishable with fine which may extend to five times the amount so contributed and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to five times the amount so contributed”.