Election Commission of India (ECI)

Posted 22 Feb 2025

5 min read

Why in the news?

Election Commission of India (ECI) celebrated 75th Years of its establishment and also observed 25th January as National Voters Day.

About ECI

Genesis: ECI is a permanent Constitutional Body established in on 25th January 1950.
- Since 2011, National Voters' Day has been celebrated on January 25 every year to mark the foundation day of the ECI.
Constitutional Provision: Part XV of the Constitution entailing Articles 324 to 329.
Statutory provisions: The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 regulates their appointment, service conditions, tenure, etc.
Key role: ECI Administers elections to the
- Lok Sabha
- Rajya Sabha
- State Legislative Assemblies
- Offices of the President and Vice President
Composition: It currently consists of Chief Election Commissioner (CEC) and two Election Commissioners (EC).
- Initially, the commission had only a CEC. In 1989, two Election Commissioners were appointed who served until 1st January 1990.
- Since 1993, the commission has permanently included two Election Commissioners.

Key Provisions of the Chief Election Commissioner and Other Election Commissioners Act, 2023

The 2023 Act replaces the 1991 Act and facilitates more autonomy to the ECI by specifying qualification, reforming appointment process, providing security of tenure, etc.

Specification	Details
Qualifications	For CEC or EC the person must be holding or have held a post equivalent to Secretary to the Government of India. possess integrity and experience in managing and conducting elections.
Search Committee	Composition Headed by the Minister of Law and Justice. Includes two members (rank of Secretary or higher). Functions: Prepares a panel of 5 candidates for selection.
Select Committee	Composition Prime Minister (Chairperson). Leader of Opposition in the House of the People (Member). Union Cabinet Minister to be nominated by the Prime Minister (Member) Functions: Recommends the eligible candidates to the President for the appointment of CEC and EC.
Term of Office of CEC and EC	Tenure: 6 years or until 65 years of age, whichever is earlier If an EC becomes the CEC, combined tenure cannot exceed 6 years. Reappointment: Re-appointment is not allowed.
Salary and Benefits of CEC and EC	Salary is equivalent to that of a Supreme Court Judge.
Resignation and Removal	Resignation: CEC or EC, can resign by writing to the President. Removal CEC: Can be removed like a Supreme Court Judge. ECs: Require the recommendation of the CEC for removal.
Legal Protection to ECE and EC	Protected from civil or criminal proceedings for acts or words spoken in official capacity.

Challenges faced by ECI

Questionable Autonomy
- Selection Process: The search and selection committee have a majority of government representatives, raising concerns about independence.
- Removal of ECs: Unlike the CEC, the ECs can be removed based on the CEC's recommendation.
- Post-retirement Employment: Although the 2023 Act prohibits reappointment it, is silent regarding further appointment of the CEC and ECs to any post or office under the government after their retirement.
- Lack of Independent Staff: ECI relies on government employees instead of having its own dedicated workforce, affecting its autonomy.
Operational issues
- Limited Powers: ECI cannot de-register political parties, even for serious violations.
- Electoral Roll Management: Problems include duplicate entries, incorrect details, and exclusion of eligible voters.
- Electoral Malpractices: Issues like voter bribery and booth capturing disrupt fair elections.
- Inclusivity and Voter Turnout: Over 30 crore electors do not vote, often due to internal migration or other barriers.
- Security Concerns: Protecting voters, candidates, and officials in politically sensitive areas is a significant challenge
Emerging challenges
- Social Media and Disinformation: Tackling fake news campaigns and AI-generated deepfakes to ensure free and fair elections have become an ever-alarming challenge

Key-Initiatives of ECI

Electronic Voting Machine (EVM): Microcontroller-based portable device introduced in 1977; piloted in 1982 to modernize elections.
Systematic Voters' Education and Electoral Participation (SVEEP): Launched in 2009 to promote voter education, awareness, and literacy.
cVIGIL App (2018): Introduced in 2018 to let citizens report Model Code of Conduct (MCC) violations.
Introduction of Voter Verified Paper Audit Trail (VVPAT): Introduced in 2013 for a verifiable paper trail, enhancing transparency.
National Electoral Roll Purification and Authentication Programme (NERPAP): Launched in 2015 to create error-free and authenticated electoral rolls.
International Co-Operation: ECI is a founding member of the Association of World Election Bodies (A-WEB), Stockholm and Commonwealth Electoral Network (CEN).

Way Forward for Enhancing ECI's Functioning

Ensuring Autonomy
- Transparent Appointments: Follow the Supreme Court's 2023 ruling (Anoop Baranwal vs. Union of India), advocating a collegium system for appointing CEC and ECs until the Parliament enacts a new law for such appointments.
  - The judgement was delivered after the enactment of the 2023 Act and the proposed collegium consisted Prime Minister, Leader of Opposition in Lok Sabha and the Chief Justice of India.
- Protection for ECs: Removal of ECs should follow the same process as Supreme Court judges (255th Law Commission).
- No Post-Retirement Benefits: CEC and ECs should be barred from post-retirement government positions, except ECs being eligible for CEC (Dinesh Goswami Committee, 1990).
- Independent Secretariat: Establish a permanent secretariat for ECI to enhance autonomy (255th Law Commission of India report).
Improving Electoral Operations
- Legalizing Model Code of Conduct (MCC): Statutory backing to MCC will strengthen its enforcement
- Ensure participative elections: Pilot the Multi-Constituency Remote Electronic Voting Machine (RVM) to enable domestic migrants to vote remotely.
  - RVMs can manage voting for up to 72 constituencies from a single remote polling booth.
- One Candidate limited to One Constituency: EC has allowed candidates to be open for two constituencies but a limit should be imposed to cut down the expenses of EC to one constituency
Tackling Emerging Challenges
- Tech-Driven Elections: Use AI to detect hate speech and deepfakes on social media.
- Preventing Bogus Voting: Integrate facial recognition with Aadhaar-linked voter IDs.
- Electoral Research Hub: Establish an Electoral Roll Research & Studies Centre to focus on election-related research, innovation, and education.