The Election Commission of India (ECI) is guardian of world’s largest democratic exercise. Established on January 25, 1950, it is an autonomous constitutional authority responsible for administering election processes in India at both the Union and State levels.
Under Article 324 of Indian Constitution, ECI is given with the power of superintendence, direction, and control of elections. Its functions can be broadly categorized into administrative, advisory, and quasi-judicial roles.
1. Administrative Functions
The bulk of Commission’s work involves logistical and procedural management of elections.
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Preparation of Electoral Rolls: ECI is responsible for preparing and periodically updating voter list (electoral rolls). It ensures all eligible citizens are registered and issues Electors Photo Identity Cards (EPIC) to prevent fraud.
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Demarcation of Constituencies: Based on the Delimitation Commission Act, ECI helps determine the territorial areas of electoral constituencies across the country.
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Scheduling Elections: Commission decides entire timetable for elections, including dates for filing nominations, polling, and counting of votes.
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Registration of Political Parties: It registers political parties for purpose of elections and grants them status of National or State parties based on their poll performance.
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Allocation of Symbols: ECI allots election symbols to political parties and independent candidates.
2. Regulatory and Monitoring Functions
ECI exercises strict regulatory control during election period.
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Enforcement of Model Code of Conduct (MCC): This is perhaps most visible function. MCC is a set of guidelines that political parties and candidates must follow regarding speeches, polling day conduct, and portfolios to ensure that party in power does not misuse official machinery.
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Monitoring Election Expenditure: ECI sets limits on how much a candidate can spend on their campaign and appoints expenditure observers to track these costs.
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Scrutiny of Nomination Papers: It examines nomination papers of candidates to ensure they meet legal requirements and have disclosed necessary information, such as criminal records and assets.
3. Advisory Functions
ECI acts as an expert consultant to executive and judiciary on specific matters.
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Disqualification of Members: Commission advisesPresident of India (for MPs) and Governor (for MLAs) on matters related to post-election disqualification of sitting members of Parliament and State Legislatures.
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President’s Rule: It advises President on whether elections can be held in a state under President’s Rule to determine if emergency can be extended after one year.
4. Quasi-Judicial Functions
In certain scenarios, ECI acts as a court to settle disputes.
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Symbol Disputes: It settles disputes related to split or merger of recognized political parties and decides which faction is entitled to party name and symbol.
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Appointing Inquiry Officers: Commission has power to appoint officers to look into disputes regarding electoral arrangements.
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Power to Cancel Polls: In cases of booth capturing, rigging, violence, or other irregularities, ECI has authority to cancel polls in specific stations or entire constituencies.
Scope of Jurisdiction
It is important to note that while ECI conducts elections for Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice-President, it is not responsible for local body elections (Panchayats and Municipalities). Those are managed by separate State Election Commissions.
To perform these functions without government pressure, Chief Election Commissioner (CEC) is provided with security of tenure similar to a Supreme Court judge.