Polity (Election Commission)

Role: The ECI is a permanent and independent body established by the Indian Constitution to ensure free and fair elections for Parliament, state legislatures, the President, and Vice President.
Constitutional Basis: Article 324 vests the ECI with powers of superintendence, direction, and control over these elections.
Jurisdiction: Applies to national and state elections but not local elections (handled by State Election Commissions).

Structure: Composed of a Chief Election Commissioner (CEC) and other Election Commissioners as determined by the President.
Appointment: The President appoints the CEC and other commissioners.
Tenure: Commissioners serve for six years or until they reach the age of 65, whichever is earlier.
Evolution: Initially a single-member body; became multi-member in 1989 with two additional commissioners to handle increased election management workload.

Security of Tenure: The CEC can only be removed similarly to a Supreme Court judge (by Parliament on grounds of proven misbehavior or incapacity).
Protection of Service Conditions: CEC’s service conditions cannot be altered to their disadvantage after appointment.
Removal of Other Commissioners: Requires the CEC’s recommendation for the removal of other Election Commissioners, though they do not share the same level of protection as the CEC.
Supreme Court Directives (Anoop Baranwal Case, 2023):
- Selection Committee: A committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India shall appoint the CEC and other commissioners.
- Protection Extension: Suggested that other commissioners should be removed on similar grounds as the CEC.

The ECI’s powers are grouped into three categories:

Administrative Powers:
- Determining electoral constituencies based on the Delimitation Act.
- Preparing and updating electoral rolls and registering eligible voters.
- Setting election dates and schedules, scrutinizing nomination papers.
- Recognizing political parties and allocating election symbols.
Advisory Powers:
- Advising the President on the disqualification of Parliament members.
- Advising Governors on disqualification matters for state legislatures.
Quasi-Judicial Powers:
- Acting as a court to resolve disputes regarding political party recognition and symbol allocation.
- Cancelling polls in cases of irregularities like rigging or violence.
- Determining the code of conduct for elections and media publicity for parties’ policies.
Additional Functions:
- Ensures the free and fair conduct of elections across India.
- Registers political parties, granting them national or state status based on performance.
- Seeks necessary staff support from the President or Governor for election processes.

Deputy Election Commissioners: Civil service officers assist the ECI with various responsibilities.
State Level: Chief Electoral Officers, appointed by the CEC, manage state-level election processes.
District Level: District Collectors serve as returning officers, appointing necessary officials for each constituency.

Vision: Strive to be an institution of excellence, fostering democratic engagement and strengthening electoral democracy in India and globally.
Mission: Uphold integrity, autonomy, and inclusivity to deliver fair and transparent elections, building public trust in electoral democracy.
Guiding Principles:
- Uphold constitutional values (equality, impartiality, rule of law).
- Ensure electoral process credibility, transparency, and fairness.
- Promote inclusivity, citizen engagement, and voter-friendliness.
- Engage stakeholders, foster awareness, and enhance trust in the electoral system.
- Strengthen human resources and infrastructure for efficient election management.
- Embrace technology and innovation to improve electoral processes and governance.

Constitutional Gaps:
- Lacks clear qualifications for ECI members.
- Lacks specific terms for commissioners besides CEC’s security of tenure.
- No prohibition on post-retirement appointments for commissioners, potentially impacting neutrality.