 Official logo[1] | |
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| Constitutional Body overview | |
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| Formed | 25 January 1950; 75 years ago (1950-01-25) (celebrated asNational Voters' Day) |
| Jurisdiction | India |
| Headquarters | Nirvachan Sadan, Ashoka Road,New Delhi[2] 28°37′26″N77°12′40″E / 28.62389°N 77.21111°E /28.62389; 77.21111 |
| Employees | ~300[6] |
| Constitutional Body executives | |
| Website | eci |
| Part of thePolitics series |
| Elections |
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TheElection Commission of India (ECI) is aconstitutional body that is empowered to conduct free and fair elections in India. Established by theConstitution of India, it is headed by achief election commissioner and consists of two otherelection commissioners as constituent members. The commission is headquartered inNew Delhi.
The election commissioners are appointed by thepresident of India on the recommendation of a selection committee headed by theprime minister. The term of the chief election commissioner (CEC) can be a maximum of six years provided they do not attain the age of sixty-five years before the expiry of the term. CEC can only be removed by impeachment in theparliament, while election commissioners can be removed by the president on the recommendation of the CEC.
The election commission decides the dates for the filing of nominations, voting, counting and announcement of results for all the elections. At the states and union territories, the elections are supervised by a chief electoral officer, under the direction of the Election Commission. At the district and constituency levels, election related work is carried out by the district election officers, electoral registration officers and returning officers. The commission carries out the registration and recognition of political parties in the country. It prepares electoral rolls, and issues identification for eligible voters. It is also responsible for scrutinizing candidates, allotting ballot symbols, issuing a model code of conduct to be followed by the political parties and candidates, and monitoring election spends.
In 1950, the Election Commission of India was established as a single member body. As perThe Election Commissioner Amendment Act, 1989, the commission was made a multi-member body headed by achief election commissioner and two otherelection commissioners, who were appointed to the commission for the first time on 16 October 1989. On 1 January 1990, it reverted back to a single member body after the post of election commissioner was abolished, before being restored to the three member structure on 1 October 1993.[7][6] The commission is headed by the chief election commissioner and consists of two other election commissioners.[6][8] The chief election commissioner does not have overruling powers and any decision is taken by the opinion of the majority among the three.[6][9] The commission is assisted by directors generals, principal secretaries, and other officers. The commission is headquartered at Nirvachan Sadan inNew Delhi.[6]
At thestates and union territories, the elections are supervised by a chief electoral officer appointed by the Election Commission. At the district and constituency levels, election related work is carried out by the district election officers, electoral registration officers and returning officers.[6]
The appointment and term of the election commissioner is prescribed in theChief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. As per the Section 7 of the act, an election commissioner is appointed by thepresident of India on the recommendation of a selection committee headed by theprime minister of India and consisting of theleader of the opposition inLok Sabha and a member of theUnion Council of Ministers to be nominated by the Prime Minister.[10] They were earlier appointed by the president on the recommendation of the prime minister. In March 2023, theSupreme Court of India ruled that the appointments shall be made by a committee consisting of the prime minister, leader of opposition and thechief justice of India and the process would be in place until a new law is enacted with regards to the same.[11] The new law enacted in 2023, replaced the chief justice with a member appointed by the prime minister in the selection committee,[12] thus giving the ruling government a dominant role in the appointment of election commissioners.[13]
The term of the CEC can be a maximum of six years from the date on which they assume their office. However, the CEC retires from office if they attain the age of sixty-five years before the expiry of the term.[7] While the CEC can only be removed by office through the process of impeachment requiring two-thirds majority of the Lok Sabha and theRajya Sabha to be present and voting for the same, election commissioners can be removed by the President on the recommendation of the CEC.[7]
The Election Commission of India is a body constitutionally empowered to conduct free and fair elections to thenational, theState Legislative Assemblies,State Legislative Councils and the offices of thepresident andvice-president.[6][14] The Election Commission operates under the powers granted byArticle 324 of theConstitution and subsequently enactedRepresentation of the People Act.[15][16] TheState Election Commissions are independent constitutional bodies vested with the responsibility of conducting elections to thelocal bodies in their respective at thestates and union territories.[7] The election commission decides the dates for the filing of nominations, voting, counting and announcement of results.[17][18]
It issues aModel Code of Conduct for political parties and candidates to ensure that the elections are conducted in a free and fair manner.[19] The Code of Conduct was issued for the first time in 1971 for the5th Lok Sabha elections and has revised it from time to time. It lays down guidelines for the conduct of political parties and candidates during an election period.[20] Instances of violation of the code by various political parties and misuse of official machinery by the candidates are dealt according to the law.[21]
A law for the registration process for political parties was enacted in 1989.[22] The registration ensures that the political parties are recognized as national, state and regional parties. The election commission has the right to allot symbols to the political parties depending on the status. The same symbol cannot be allocated to two political parties even if they do not contest in the region.[23]
The commission prepares electoral rolls and updates the voter list. To prevent electoral fraud, Electors Photo Identity Cards (EPIC) were introduced in 1993. However certain legal documents such asration cards have been allowed for voting in certain situations.[24]
The commission is empowered to prohibit the dissemination or publication of voting trends that seek to influence voters byopinion polls orexit polls.[25][26][27]
The Election Commission is responsible for scrutinizing and accepting the applications of the candidates willing to contest in the elections. A person can be disqualified from contesting the elections if incorrect or incomplete information is provided in the affidavits and if they have been convicted by any court in India in which a jail term of two or more years has been awarded.[28] In 2017, the Election Commission supported the case for a lifetime ban on convicted felons from contesting elections in an affidavit filed in theSupreme Court.[29][30]
The Election Commission sets limits on poll related expenditure by the candidates during election campaigns. The commission appoints officers ofIndian Revenue Service from the Income Tax Department as election observers.[31][32] The commission takes details of the candidate's assignment in an affidavit at the time of submitting the nomination paper, and they are also required to give details of their expenditure within 30 days of the declaration of results.[33]
The election commission operates various electronic media includingwebsites andmobile applications for enabling various functions such as addressing grievances, checking electoral rolls, disseminating information on candidates, announcement of results and monitoring of assigned tasks.[34][35]
Voting in India is done usingelectronic voting machines (EVMs) and there are provisions forpostal voting and special arrangements for the disabled.[6]
Electronic voting machines (EVM) were introduced by the Election Commission to reduce malpractices and improve efficiency. The EVMs were first trialed in 1982 in the by-election toParavur assembly constituency inKerala in a limited number of polling stations.[36] After successful testing and legal inquiries, the commission decided to introduce these voting machines on a large scale.[6]
EVMs are manufactured by twopublic sector undertakings,Bharat Electronics andElectronics Corporation of India Limited.[37]Voter-verified paper audit trail (VVPAT) was introduced on a trail basis in a by-poll in September 2013 inNoksen (Assembly Constituency) inNagaland.[38] It was later used in variouslegislative elections and in eight Lok Sabha constituencies in2014 Indian general election.[39]
In 2014,none of the above (NOTA) was also added as an option on the voting machines which is now a mandatory option to be provided in any election.[40][41] The specific symbol for NOTA, a ballot paper with a black cross across it, was introduced on 18 September 2015.[42] Photo electoral rolls with photographs of the candidates on the EVMs were first introduced in the2015 Bihar Legislative Assembly election.[43][44]
Election Commission organised an open hackathon on 3 June 2017 encouraging people to attempt hacking of EVMs used by the commission in various Indian elections.[45] While none of them participated, functioning of the EVM and VVPAT machines were demonstrated in the event.[46]
Postal voting in India is done only through electronically transmitted postal ballot papers (ETPB). Ballot papers are distributed to the registered eligible voters who return the votes by post. Postal votes are counted first before the counting of votes from the EVM. Only certain categories of people are eligible to register as postal voters. Employees working in the union armed forces and state police as well as their spouses, and those working for theGovernment of India who are officially posted abroad can register for the postal vote. People inpreventive detention can use postal vote while prisoners are not allowed to vote.[47] The Election Commission of India has granted permission for individuals aged 80 and above and those with physical challenges to cast their votes from their homes.[48]
The Election Commission of India did not have data with regards to disabilities of voters as ascertained by aRTI application filed in 2014.[49] The commission offered sign language support to assist voters with speech and hearing impairment.[50]
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