Election Commission of India: Powers and Jurisdiction
The Election Commission of India stands as a permanent and independent constitutional authority, established directly by the Constitution to safeguard free and fair elections across the nation. Under Article 324, it holds sweeping powers of superintendence, direction, and control over elections to Parliament, state legislatures, the office of the President, and the office of the Vice-President. This makes the Commission a truly all-India institution, serving as a unified body common to both the Central and state governments.
Notably, its mandate does not extend to elections for panchayats and municipalities, which fall under the purview of a distinct State Election Commission as envisioned by the Constitution.
Composition and Tenure of Election Commission
Article 324 of the Indian Constitution lays down the foundational provisions for the composition of the Election Commission. It stipulates that the Commission shall comprise the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may determine from time to time. Appointments to these positions are made directly by the President. When additional Election Commissioners are appointed, the Chief Election Commissioner serves as the chairperson of the body. The President may also, after consulting the Election Commission, appoint regional commissioners as needed to provide assistance. Finally, the terms of service, including tenure, for both Election Commissioners and regional commissioners, are set by the President.
Historically, the Election Commission operated as a single-member body—headed solely by the Chief Election Commissioner—from its establishment in 1950 until October 15, 1989. This changed on October 16, 1989, when the President appointed two additional Election Commissioners to handle the growing workload, particularly after the voting age was lowered from 21 to 18 years. The Commission then functioned as a three-member body until January 1990, when the two additional posts were abolished, reverting it to a single-member setup. In October 1993, two more Election Commissioners were appointed, and since then, the Commission has consistently operated as a multi-member body with three commissioners.
The Chief Election Commissioner and the two other Election Commissioners enjoy equal powers and receive salaries, allowances, and perks equivalent to those of a Supreme Court judge. In cases of disagreement among them, decisions are resolved by majority vote. Members serve a term of six years or until they reach the age of 65, whichever comes first. They may resign at any time or, in certain circumstances, be removed before their term ends.
Independence of the Election Commission
Article 324 of the Indian Constitution lays down robust provisions to ensure the Election Commission's independence and impartiality. Foremost among these is the security of tenure granted to the Chief Election Commissioner (CEC). The CEC cannot be removed except through the same rigorous process applicable to a Supreme Court judge: the President can act only on a resolution passed by both Houses of Parliament with a special majority, citing proved misbehaviour or incapacity. This shields the CEC from arbitrary dismissal, even though the appointment is made by the President—emphasizing that the office is not held at the President's pleasure.
Further safeguards include protection of the CEC's service conditions, which cannot be altered to their disadvantage after appointment. For other Election Commissioners or Regional Commissioners, removal is possible only on the recommendation of the CEC, reinforcing hierarchical autonomy within the body.
Despite these constitutional measures, certain gaps persist that could undermine the Commission's independence. The Constitution does not prescribe any qualifications—legal, educational, administrative, or judicial—for its members, leaving appointments open to potential subjectivity. Nor does it specify a fixed term for members, creating uncertainty. Additionally, there is no bar on retiring commissioners receiving further government appointments, which might influence their impartiality during tenure.
Powers and Functions of Election Commission
The Election Commission of India wields extensive powers and functions in overseeing elections to Parliament, state legislatures, and the offices of President and Vice-President. These responsibilities fall into three broad categories: administrative, advisory, and quasi-judicial, ensuring the democratic process remains fair, transparent, and credible.
Administratively, the Commission holds the reins of election logistics nationwide. It delineates the territorial boundaries of electoral constituencies, guided by the Delimitation Commission Act passed by Parliament. The body prepares and periodically updates electoral rolls, registering all eligible voters to form the bedrock of participatory democracy. It notifies election schedules, scrutinizes nomination papers for validity, and grants recognition to political parties while allotting them distinctive symbols. To maintain order, the Commission enforces a code of conduct for parties and candidates, prepares rosters for equitable radio and television publicity of party policies during campaigns, and registers parties as national or state-level entities based on their electoral performance. It supervises the entire election machinery to guarantee free and fair polls, cancels elections amid rigging, booth capturing, violence, or irregularities, and requisitions necessary staff from the President or Governors as needed.
In its advisory role, the Commission provides critical guidance to constitutional authorities. It counsels the President on disqualifications of Members of Parliament and the Governor on those of state legislators. Additionally, it advises the President on whether elections can proceed in states under President's Rule, potentially extending the emergency period beyond one year.
The Commission's quasi-judicial authority allows it to adjudicate disputes impartially. It functions as a tribunal to resolve conflicts over party recognition and symbol allocation, and it appoints officers to investigate electoral irregularities.
Supporting this vast mandate is a robust organizational structure. The Commission is aided by Deputy Election Commissioners, recruited from the civil services on a tenure basis. They are backed by a secretariat comprising secretaries, joint secretaries, deputy secretaries, and under secretaries. At the state level, a Chief Electoral Officer—appointed by the Chief Election Commissioner in consultation with the state government—oversees operations. In districts, the Collector serves as the District Returning Officer, appointing Returning Officers for each constituency and Presiding Officers for every polling booth to execute elections on the ground.
Vision of the Election Commission of India
The Election Commission of India aspires to emerge as an Institution of Excellence, dedicated to fostering vibrant active engagement and participation in the electoral process. Through these efforts, it aims to deepen and strengthen electoral democracy, not only within India but also on the global stage.
Mission of the Election Commission of India
The Election Commission of India steadfastly upholds its independence, integrity, and autonomy while ensuring that the electoral process remains accessible, inclusive, and marked by ethical participation from all stakeholders. By embracing the highest standards of professionalism, it delivers free, fair, and transparent elections—cornerstones that bolster public trust in India's vibrant electoral democracy and system of governance.
Guiding Principles of Electoral Administration
The Election Commission of India has enshrined a comprehensive set of guiding principles to anchor its pursuit of exemplary governance in electoral administration. At the heart of these principles lies an unwavering commitment to the constitutional ideals of equality, equity, impartiality, independence, and the rule of law. This foundation shapes the Commission's superintendence, direction, and control over the entire electoral framework. Complementing this is a dedication to conducting elections that exemplify the highest standards of credibility, freedom, fairness, transparency, integrity, accountability, autonomy, and professionalism.
Beyond flawless execution, the Commission prioritizes broad-based participation, creating an inclusive, voter-centric, and voter-friendly environment that draws in every eligible citizen. It actively engages political parties and all stakeholders to safeguard the electoral process, while fostering widespread awareness of electoral governance among voters, parties, functionaries, candidates, and the public at large. These efforts aim to bolster confidence and trust in India's electoral system. Simultaneously, the Commission invests in human resource development for efficient service delivery, constructs robust infrastructure for seamless elections, and embraces technology to enhance every facet of the process.
Looking ahead, the Commission champions innovative practices to achieve operational excellence and fulfill its broader vision and mission. Ultimately, these principles converge to reinforce democratic values, sustaining and strengthening public faith in the nation's electoral machinery.