The Election Commission is a constitutional body under Article 324 of the Indian Constitution, responsible for conducting free and fair elections in India. It supervises elections to Parliament, state legislatures, and the offices of the President and Vice President. However, elections for Panchayats and Municipalities fall under the State Election Commissions, as per the 72nd and 73rd Constitutional Amendments of 1992. The Election Commission plays a vital role in strengthening democracy by ensuring transparency and electoral integrity.

Composition of the Election Commission

The Election Commission consists of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs), all appointed by the President of India.

1. Evolution of the Election Commission

• Until October 1989, the Election Commission had only one CEC.
  
  
• In 1991, Parliament passed legislation mandating the appointment of two additional Election Commissioners.
  
  

2. Appointment Process

• The President appoints the CEC and ECs under Article 324(2).
  
  
• The appointment process was modified under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
  
  

The Chief Election Commissioner and Other Election Commissioners Act, 2023

Key Features of the Act

1. Replacement of 1991 Act: This Act replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
   
   
2. Selection Process: The Selection Committee recommends appointments to the President.
   
   
• Members of the Selection Committee:
  
  
• Prime Minister
  
  
• A Cabinet Minister (nominated by the PM)
  
  
• Leader of Opposition (or leader of the single largest opposition party in Lok Sabha)
  
  
3. Search Committee: Headed by the Minister of Law and Justice, with two senior government officials preparing a panel of five names.
   
   
4. Eligibility: Candidates must have held a post equivalent to Secretary to the Government of India and have experience in managing elections.
   
   
5. Term and Reappointment:
   
   
• Term of six years or until the age of 65 years, whichever is earlier.
  
  
• No reappointment after completing a term.
  
  
• If an Election Commissioner is promoted to CEC, the total tenure cannot exceed six years.
  
  
6. Salary and Allowances: Equivalent to a Supreme Court Judge.
   
   
7. Legal Safeguards: Courts cannot entertain civil or criminal cases against current or former CEC and ECs for actions taken in their official capacity.
   
   
8. Removal Process: The CEC is removed like a Supreme Court judge, but ECs can be removed on the CEC’s recommendation.
   
   

Key Issues with the Act

1. Government Dominance in Selection:
   
   
• The PM and a Cabinet Minister dominate the Selection Committee, potentially leading to biased appointments.
  
  
• If there is no Leader of Opposition, only ruling party members will be in the Selection Committee.
  
  
2. Deviation from Supreme Court Guidelines (2023):
   
   
• The SC had recommended a Selection Committee comprising the PM, Chief Justice of India, and Leader of Opposition, which is not followed in the Act.
  
  
3. Search Committee’s Role is Undermined:
   
   
• The Selection Committee can ignore the recommendations of the Search Committee, reducing its significance.
  
  
4. Narrow Eligibility Criteria:
   
   
• Limiting appointments to Secretary-level officers excludes other qualified individuals.
  
  
5. Unequal Removal Protection:
   
   
• While the CEC is protected, ECs can be removed based on CEC’s recommendation, affecting their independence.
  
  

Other Challenges Facing the Election Commission

1. Lack of Rule-Making Power

• The Election Commission does not have the authority to frame election-related rules under the Representation of the People Act (RPA), 1951.
  
  
• The power to make rules remains with the central government, limiting ECI’s autonomy.
  
  

2. Lack of Independent Secretariat

• The Election Commission relies on the Department of Personnel and Training (DoPT) for officer appointments.
  
  
• This dependency on the executive affects its operational independence.
  
  

3. Financial Autonomy

• The Election Commission’s budget is not charged to the Consolidated Fund of India and is subject to parliamentary approval.
  
  
• This can impact its functioning, especially during politically sensitive elections.
  
  

4. Dependence on Government Machinery

• The Election Commission depends on the executive branch for security forces, logistics, and election administration, affecting its neutrality.
  
  

5. Lack of Power to Countermand Elections for Money Power

• The Election Commission has limited authority to postpone or cancel elections in cases where money power influences voters.
  
  

Key Recommendations to Strengthen the Election Commission

1. Depoliticize Appointments
   
   
• A broad-based collegium should appoint the CEC and ECs, including the Prime Minister, Leader of Opposition, and Chief Justice of India.
  
  
2. Equal Protection for All Election Commissioners
   
   
• The Supreme Court has recommended that all Election Commissioners should have the same removal protections as the CEC.
  
  
3. Automatic Promotion of Senior ECs to CEC
   
   
• The senior-most Election Commissioner should automatically become CEC, ensuring continuity and reducing government interference.
  
  
4. Financial Independence
   
   
• The Election Commission’s budget should be directly charged to the Consolidated Fund of India, removing financial dependence on the government.
  
  
5. Independent Secretariat for the ECI
   
   
• The Election Commission should have its own independent secretariat, reducing reliance on government agencies for staffing and administration.
  
  
6. Power to Frame Election Rules
   
   
• The Election Commission should be empowered to make rules under the RPA Act, reducing dependence on the government.
  
  
7. Power to Deregister Political Parties
   
   
• The Election Commission should have the authority to deregister political parties that violate electoral laws.
  
  
8. Timely Electoral Reforms
   
   
• Recommendations by committees like the Law Commission (255th Report) and Goswami Committee should be implemented to enhance electoral integrity.
  
  

Conclusion

The Election Commission is the cornerstone of India’s democratic system, ensuring free and fair elections. However, concerns regarding government influence, lack of financial independence, and limited rule-making powers need urgent reforms. Strengthening the Election Commission’s autonomy through transparent appointments, financial independence, and enhanced powers will help uphold the sanctity of electoral democracy in India.