Election Commission of India
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The document provides an overview of the Election Commission of India (ECI), including its history, legal framework, organizational structure, role, innovations, and challenges. Some key points: - ECI was established in 1950 as an independent constitutional body to conduct free and fair elections. It oversees elections for Parliament, state legislatures, President and Vice President. - ECI has worked to increase voter participation and reduce fraud, such as through the use of electronic voting machines, voter ID cards, monitoring spending limits. - However, ECI still faces challenges like poverty, illiteracy, money and muscle power influencing elections, and criminalization of politics. Further reforms are needed to ECI's powers and
![ELECTION COMMISSION OF INDIA [ECI]
Background
Legal framework
Organizational Structure/Capacity
Regulatory expansion
Electoral reforms
Changing role
Challenges](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-3-320.jpg)
![BACKGROUND
Elections:
Since ancient times…"Kudavolai" system of
imperial Cholas [They were basic grass root
democratic bodies]…
British times also…but no provision for
independent election commission](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-4-320.jpg)
![LEGAL FRAMEWORK
Art: 324 to 329 & others like Art .103
[whether a member of either House of
Parliament has become subject to any of
the disqualifications]
Representation of the People Act, 1950
Delimitation Commission [This is by parliament
and independent body from ECI] etc
Representation of the People Act, 1951](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-5-320.jpg)
![ORGANIZATIONAL STRUCTURE/CAPACITY
Permanent…independent body…Centralised-to insulate from local
influence
Elections to Parliament, State legislatures, President & Vice-President
ECI’s writ not below state level b’coz SEC…(Art. 243K and Art. 243ZA)
Sukumar Sen 1st …
Election Commission acquired credibility during Mr Seshan's time
Up to 1993 single member body
CEC + 2 EC [Authority to President to appoint additional
commissioners]
CEC primus inter pares
CEC & other ECs – 65 years/6 years
Decision making on consensus
Regional commissioners by president after consulting ECI-not in use
now
Chief Electoral Officer – Statutory-RPA-1956, Appointed by ECI in
consultation with State Government
ECI Expenditure – Voted
No full time staff in the field
When elections are ongoing the ECI enjoys primacy over judiciary and
other branches of government](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-6-320.jpg)
![VOTERS…POLITICAL
PARTIES…CANDIDATES…CONDUCTION OF
ELECTIONS
Nehru time better
1967-Congress split- whom to recognize…parties increased…abuse of
power
Candidates increased
Electorate increased
Deepening of democracy…OBCs into electoral politics[a silent revolution by
C. Jaffrelot]…sub-optimal outcome
After emergency growth of money and muscle power…Criminalization of
politics..Role of money
Ruling party tried to influence ECI like increasing ECs…however ruling part
not undermining ECI’s authority
1990s Assertiveness of ECI
Structure:
Strong opposition in the States 1st. …then in Centre
Mobilization of public and media
Agency
T.N. Seshan](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-10-320.jpg)
![Voters…Political Parties…Candidates…Conduction of Elections
ECI’s decision to place the burden of registration on itself (voters
list) created practical challenges---urbanisation… to verify
citizenship?
Registering political parties to the ECI- a copy of party’s constitution
… internal democracy of party also
Nomination of Candidates: Less deposit amount- non-serious
candidates…amount increased…dramatic fall in the candidates
[if no 1/6th of valid votes forfeit of deposit]…again increased
SC’s backing ECI guidelines about candidates standing for election
to file affidavit about criminal, educational and financial
records…Barring serious criminal also in discussion
Conduct of elections: Model Code of Conduct- applicable to
candidates, parties and government-voluntary but ECI
implementing from time of announcement also… constraints on
ruling government
Transfer of officials who are more years in a particular place](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-11-320.jpg)
![ECI’S INNOVATION TO HAVE FREE & FAIR
ELECTIONS
ECI’s organizational culture …Esprit de corps [a feeling of pride
and mutual loyalty shared by the members of a group]…(N.
Gopalaswamy as CEC asked the President to remove EC Navin
Chawla)
EVMs…1982…SC no…2003…to stop electoral malpractice
Vulnerability mapping to identify booths prone to violence unrest
Webcams…EPIC
Booth level officials…custodian of a booth, updated electoral rolls
Not more than 2km a polling station
The installation of the “NOTA” (None of the Above) button in the
EVMs
Voter Verifiable Paper Audit Trails (VVPATs)/verifiable
paper record (VPR)
IIDEM- India International Institute of Democracy and Election
Management (IIIDEM)- https://eci.nic.in/eci_main1/iidm.aspx](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-12-320.jpg)
![MUSCLE POWER – CRIMINALIZATION OF
POLITICS
Congress time politicians employed criminals for voter suppression etc
1970s Criminals directly to contest elections
Vohra committee reported
Criminal gangs-Police-Bureaucracy-Politicians
Why?
Breakdown & decay of Congress party dominance
Deterioration in law & order
Politicization of state/government
Political competitions including social divisions
Money – ability to transact liquid cash by criminals says [and also a statistics
says poorest category 1% chance of winning ]
However,
Lily Thomas vs. Union of India…legislators have lost their protection from immediate
disqualification…conviction by the trial court will automatically result in removal from
the House](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-16-320.jpg)
![PROPOSED ELECTORAL REFORMS = LAW COMMISSION'S
RECOMMENDATION + THE GOSWAMI COMMITTEE REPORT IN 1990
AND OTHERS
Amendment to the Constitution of India
Constitutional protection for all members of the Commission
Budget of the Commission to be 'charged‘
Independent Secretariat for the Commission
Election Management Issues
Use of common electoral rolls by election commission of India & States Election Commission
To enhance the punishment for filing false affidavit
De- Criminalization of politics
Bribery during elections (both cash and kind) a cognisable offence, enabling police to arrest the
violators without a warrant and to enhance the punishment up to two years.
DE- REGISTRATION OF POLITICAL PARTIES [There is no constitutional or
statutory provision that gives power to the Election Commission to de-register political parties]
Many political parties get registered, but never contest election. Such parties exist only on paper. The
possibility of forming political parties with an eye on availing the benefit of income tax exemption
also cannot be ruled out. It would only be logical that the Commission which has the power to
register political parties is also empowered to de-register in appropriate cases
AN ON EXIT POLLS AND OPINION POLLS
The Commission has been of the view that there should be some restriction or regulation on the
publishing / dissemination of the results of opinion polls also.
For further reforms:
https://www.eci.nic.in/eci_main/ElectoralLaws/HandBooks/PROPOSED_ELECTORAL_REFORMS_0105201
7.pdf](https://image.slidesharecdn.com/electioncommissionofindia-181029043711/85/Election-Commission-of-India-18-320.jpg)
Election Commission of India
- 1. ELECTION COMMISSION OF INDIA https://www.eci.nic.in/
- 2. STRUCTURE: PEOPLE, CONSTITUTION, POLITICAL PARTIES AGENT
- 3. ELECTION COMMISSION OF INDIA [ECI] Background Legal framework Organizational Structure/Capacity Regulatory expansion Electoral reforms Changing role Challenges
- 4. BACKGROUND Elections: Since ancient times…"Kudavolai" system of imperial Cholas [They were basic grass root democratic bodies]… British times also…but no provision for independent election commission
- 5. LEGAL FRAMEWORK Art: 324 to 329 & others like Art .103 [whether a member of either House of Parliament has become subject to any of the disqualifications] Representation of the People Act, 1950 Delimitation Commission [This is by parliament and independent body from ECI] etc Representation of the People Act, 1951
- 6. ORGANIZATIONAL STRUCTURE/CAPACITY Permanent…independent body…Centralised-to insulate from local influence Elections to Parliament, State legislatures, President & Vice-President ECI’s writ not below state level b’coz SEC…(Art. 243K and Art. 243ZA) Sukumar Sen 1st … Election Commission acquired credibility during Mr Seshan's time Up to 1993 single member body CEC + 2 EC [Authority to President to appoint additional commissioners] CEC primus inter pares CEC & other ECs – 65 years/6 years Decision making on consensus Regional commissioners by president after consulting ECI-not in use now Chief Electoral Officer – Statutory-RPA-1956, Appointed by ECI in consultation with State Government ECI Expenditure – Voted No full time staff in the field When elections are ongoing the ECI enjoys primacy over judiciary and other branches of government
- 7. • ECI • 36 CEO • 684 DEO-DM/DC…apart from that Election time Observers-General & Financial • BLO
- 9. CHALLENGES OF PARTICIPATORY ELECTIONS Diversities-geographical…ethnic…caste Poverty & Illiteracy Inequality Money & Muscle power
- 10. VOTERS…POLITICAL PARTIES…CANDIDATES…CONDUCTION OF ELECTIONS Nehru time better 1967-Congress split- whom to recognize…parties increased…abuse of power Candidates increased Electorate increased Deepening of democracy…OBCs into electoral politics[a silent revolution by C. Jaffrelot]…sub-optimal outcome After emergency growth of money and muscle power…Criminalization of politics..Role of money Ruling party tried to influence ECI like increasing ECs…however ruling part not undermining ECI’s authority 1990s Assertiveness of ECI Structure: Strong opposition in the States 1st. …then in Centre Mobilization of public and media Agency T.N. Seshan
- 11. Voters…Political Parties…Candidates…Conduction of Elections ECI’s decision to place the burden of registration on itself (voters list) created practical challenges---urbanisation… to verify citizenship? Registering political parties to the ECI- a copy of party’s constitution … internal democracy of party also Nomination of Candidates: Less deposit amount- non-serious candidates…amount increased…dramatic fall in the candidates [if no 1/6th of valid votes forfeit of deposit]…again increased SC’s backing ECI guidelines about candidates standing for election to file affidavit about criminal, educational and financial records…Barring serious criminal also in discussion Conduct of elections: Model Code of Conduct- applicable to candidates, parties and government-voluntary but ECI implementing from time of announcement also… constraints on ruling government Transfer of officials who are more years in a particular place
- 12. ECI’S INNOVATION TO HAVE FREE & FAIR ELECTIONS ECI’s organizational culture …Esprit de corps [a feeling of pride and mutual loyalty shared by the members of a group]…(N. Gopalaswamy as CEC asked the President to remove EC Navin Chawla) EVMs…1982…SC no…2003…to stop electoral malpractice Vulnerability mapping to identify booths prone to violence unrest Webcams…EPIC Booth level officials…custodian of a booth, updated electoral rolls Not more than 2km a polling station The installation of the “NOTA” (None of the Above) button in the EVMs Voter Verifiable Paper Audit Trails (VVPATs)/verifiable paper record (VPR) IIDEM- India International Institute of Democracy and Election Management (IIIDEM)- https://eci.nic.in/eci_main1/iidm.aspx
- 13. MONEY POWER It constraints meritorious candidate Candidates expenditure larger than reported to authorities Black money…Santhanam & Wanchoo committee reported License-Quota-Permit Raj created nexus between business groups and ruling parties
- 14. Political donations to be public by companies Company and individual contribution to party able to get tax exemption to certain limit Political parties to submit audited accounts NGOs ADR, National Election Watch Media assistance…partial state funding State funding…?
- 15. LINGERING ISSUES CIC divided over bringing political parties under RTIRead more at: https://economictimes.indiatimes.com/news/politics-and-nation/cic-divided-over-bringing-political-parties-under- rti/articleshow/65479368.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst A political party will have to declare all donations it has received above Rs 2,000 to the Income Tax Department to avail of tax exemptions. It is not bound to declare the names of donors for the same to the EC in its contribution report, as the Representation of People’s Act still maintains the Rs 20,000 limit. This means that the public cannot access the names of entities who have donated more than Rs 2,000 to a political party, defeating the objective of the move initiated in 2017. The EC is also unable to do anything on the matter as rule books do not allow it. //economictimes.indiatimes.com/articleshow/66036321.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign =cppst
- 16. MUSCLE POWER – CRIMINALIZATION OF POLITICS Congress time politicians employed criminals for voter suppression etc 1970s Criminals directly to contest elections Vohra committee reported Criminal gangs-Police-Bureaucracy-Politicians Why? Breakdown & decay of Congress party dominance Deterioration in law & order Politicization of state/government Political competitions including social divisions Money – ability to transact liquid cash by criminals says [and also a statistics says poorest category 1% chance of winning ] However, Lily Thomas vs. Union of India…legislators have lost their protection from immediate disqualification…conviction by the trial court will automatically result in removal from the House
- 17. Challenges Governance to improve…outside the remit of ECI Criticism Breached its constitutional remit by political actors Achievements of ECI Higher turnout…Less gender gap However, ECI requires more power through RPA amendment Additional members to ECI…by President…will make ECI weak? Two ECs tenure…conflict between ECs & CEC
- 18. PROPOSED ELECTORAL REFORMS = LAW COMMISSION'S RECOMMENDATION + THE GOSWAMI COMMITTEE REPORT IN 1990 AND OTHERS Amendment to the Constitution of India Constitutional protection for all members of the Commission Budget of the Commission to be 'charged‘ Independent Secretariat for the Commission Election Management Issues Use of common electoral rolls by election commission of India & States Election Commission To enhance the punishment for filing false affidavit De- Criminalization of politics Bribery during elections (both cash and kind) a cognisable offence, enabling police to arrest the violators without a warrant and to enhance the punishment up to two years. DE- REGISTRATION OF POLITICAL PARTIES [There is no constitutional or statutory provision that gives power to the Election Commission to de-register political parties] Many political parties get registered, but never contest election. Such parties exist only on paper. The possibility of forming political parties with an eye on availing the benefit of income tax exemption also cannot be ruled out. It would only be logical that the Commission which has the power to register political parties is also empowered to de-register in appropriate cases AN ON EXIT POLLS AND OPINION POLLS The Commission has been of the view that there should be some restriction or regulation on the publishing / dissemination of the results of opinion polls also. For further reforms: https://www.eci.nic.in/eci_main/ElectoralLaws/HandBooks/PROPOSED_ELECTORAL_REFORMS_0105201 7.pdf
- 19. Impact of Electronic Voting Machines on electoral frauds, democracy, and development Change in voting technology led to strengthening of the democracy by making elections more competitive, which in turn had an impact on promoting development by increased provision of electricity. http://www.ideasforindia.in/topics/governance/impact-of-electronic-voting-machines-on-electoral-frauds-democracy-and-development.html Do Indian voters mind their representatives getting rich in office? Citizens’ low awareness…voters are largely unfamiliar with the content of the disclosures No evidence that a politician’s wealth mattered…a politician's record in office noticeably more heavily than information about wealth accumulation About wealth accumulation, with some subgroups being relatively tolerant of wealth accumulation in office, especially among politicians from their preferred party or own caste group In order for information to reach its full potential and have a real impact at the polls, voters need to not only be aware but also understand the information. High illiteracy rates and low citizen engagement in Indian political and civic life are probably important challenges in this regard Information dissemination initiatives are not a panacea to larger problems of the Indian political system http://www.ideasforindia.in/topics/governance/do-indian-voters-mind-their-representatives-getting-rich-in-office.html
- 20. Sources: