This article is written by Manali Mokal during her internship with the Le Droit India.
Introduction
Indian polity is represented by Parliamentary democracy. India adopts a dual polity system i.e. federal form of government, The Indian federation is consisting of Union government at centre and State government at the periphery. India has been recognized by the international society as one of the major stable democracies in the world. The election commission of India played a considerable role in shaping the Indian democracy. Above all the constitutional bodies, the Supreme Court as an apex judicial body by its several landmark judgements strengthened the independence of election commission. A growing need was being felt to keep this democratic institution out of the executive control. The world well-developed Nations following 5 well-recognized electoral models, Countries like India, U.K, Australia, Canada, Srilanka, South Africa adopt the first one i.e. the Independent electoral model. In some of these countries the independence of the election commission has been constitutionally guaranteed.Some countries following second one i.e. the Branch model which is usually recognised as a separate electoral branch of the government, This system is vogue in Venezuela, Nicaragua, Bolivia, Costa Rica, Panama. The third one is the mixed model in this system the independent board can lay down the policy which can be usually implemented by the executive wing of the government under the supervision of the Independent board, this model is accepted in France, Germany, Japan, Spain and Senegal.The fourth model is executive model in this model the election commission is directed by a cabinet Minister purely as an executive part of the government, this is followed by Sweden, Switzerland, Tunisia, Denmark, Singapore. the fifth Model is known as Judicial Model, the electoral body is closely under the supervision and guidance of special Judicial body called” electoral Court”, the electoral Body is ultimately responsible to the” Electoral Court”, this system is followed by Argentina, Brazil and Mexico.The constitution of India describes India as a democratic Republic, democracy, apart from being a set of ideals, is a political system.1
KEYWORDS – Election Commission, Constitution , Democracy, Indian polity
The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country.2
A Constitutional Body
India is a Socialist, Secular, Democratic Republic and the largest democracy in the World. The modern Indian nation state came into existence on 15th of August 1947. Since then free and fair elections have been held at regular intervals as per the principles enshrined in the Constitution, Electoral Laws and System.
The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.Election Commission of India is a permanent Constitutional Body. The Election Commission was established in accordance with the Constitution on 25th January 1950. The Commission celebrated its Golden Jubilee in 2001.Originally the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners.For the first time two additional Commissioners were appointed on 16th October 1989 but they had a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional Election Commissioners were appointed. The concept of multi-member Commission has been in operation since then, with decision making power by majority vote.3
Appointment & Tenure Of Commissioners
The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office in like manner and on like grounds as a judge of the Supreme Court.4
Judicial Review
The elections to the Parliament and State Legislatures can be challenged in the High Court and the Supreme Court of India by an election petition after elections are over. By virtue of Article 329 of the Constitution once the actual process of elections is started, the judiciary cannot intervene by entertaining petitions on the conduct of the polls. Once the polls are completed and result declared, the Commission cannot review any result on its own. This can only be reviewed through the process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of elections for the offices of the President and Vice President, such petitions can only be filed before the Supreme Court.5
Independence of the Election Commission
Article 324 of The Constitution of India mentions the provisions to safeguard and ensure the independent and impartial functioning of the Election Commission which is as follows.The chief election commissioner is provided with security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the President on the basis of a resolution passed to that effect by both the Houses of Parliament with a special majority, either on the ground of proved misbehaviour or incapacity.Thus, he does not hold his office until the pleasure of the president, though he is appointed by him.The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, ie:The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
The Constitution has not specified the term of the members of the Election Commission.The Constitution has not debarred the retiring election commissioners from any further appointment by the government.6
Challenges faced by Election Commission
Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.
Election Commission is not adequately equipped to regulate the political parties. It has no power in enforcing inner-party democracy and regulation of party finances.
ECI is becoming lesser independent of the Executive which has impacted its image.
Allegations of EVMs malfunctioning, getting hacked and not registering votes, corrodes the trust of the general masses in ECI.7
Conclusion
The Election Commission of India (ECI) stands as a bulwark of democracy, ensuring the sanctity of electoral processes and upholding the democratic ideals enshrined in the Constitution. With its unwavering commitment to free and fair elections, the ECI plays a pivotal role in fostering political participation, safeguarding the rights of citizens, and strengthening the democratic fabric of the nation. Necessary steps should be taken to enhance its independence and give more teeth to it.8
Reference
www.ijlmh.com ©2019 IJLMH | Volume 2, Issue 5 | ISSN: 2581-5369
Election Commission Of India And Its Independence—A Critical Study
Dr. Mohana Rao Pedada LL.M, P.hD Former Assistant Professor of Law India
- https://www.eci.gov.in/about-eci
- https://www.eci.gov.in/about-eci
- https://www.eci.gov.in/about-eci
- https://www.eci.gov.in/about-eci
- https://byjus.com/free-ias-prep/election-commission-of-india/
- https://byjus.com/free-ias-prep/election-commission-of-india/
- https://www.nextias.com/blog/election-commission-of-india/
