Election Commission of India | Overview | Selection Process | Latest Developments

March 15, 2024

8 Minutes

Introduction

Democracy is not just about casting votes, it's about ensuring that every vote counts. The Election Commission of India is a cornerstone of democracy, safeguarding the integrity of elections. Since its establishment, it has been instrumental in upholding democratic principles. In this article, I’ll explore the intricacies of the Election Commission, its role, challenges, proposed reforms, and the dynamic nature of India's electoral landscape.

About the Election Commission of India

The Election Commission of India (ECI) serves as the guardian of Indian democracy. Enshrined within Article 324 of the Constitution, the ECI's fundamental duty is to guarantee free and fair elections, safeguarding the electoral process and fiercely defending democratic ideals.

Key Functions and Responsibilities

• Safeguards the democratic process by overseeing the preparation, conduct, and supervision of elections to Parliament, State Legislative Assemblies, and the offices of President and Vice-President.
• Empowers citizens by ensuring accurate and up-to-date electoral rolls.
• Fosters a fair political landscape through the recognition and registration of political parties.
• Guarantees representative democracy by establishing constituency boundaries (Delimitation of Constituencies).
• Upholds electoral integrity by enforcing the Model Code of Conduct.
• Protects the democratic process by resolving electoral disputes.
• Promotes transparency and accountability by appointing election observers.

Latest Developments- Resignation of an Election Commissioner

Election Commissioner Arun Goel stepped down from his role on March 12, 2024, just ahead of India's important general elections for the Lok Sabha. He cited personal reasons for his resignation, which was promptly accepted by the President of India. 

• Impact on Elections: The timing of Arun Goel's resignation, just before the crucial general elections, has raised concerns about the Election Commission's ability to maintain neutrality and independence. Some fear that his departure could disrupt the Commission's functioning and decision-making processes, potentially affecting the fairness of the electoral process. This has led to calls for the Commission to reassure the public about its ability to conduct free and fair elections despite this development.
• Debates and Discussions: Arun Goel's resignation has reignited debates about the selection process of Election Commissioners. Many have criticised the lack of transparency in the current system and have called for reforms to ensure a more open and accountable process. Suggestions have been made to establish a collegium-based system, similar to the one used for appointing judges, to enhance the credibility and impartiality of the selection process.

Composition of Election Commission 

The Election Commission comprises a Chief Election Commissioner and two Election Commissioners.

Appointment of Election Commissioners in India

The government recently reformed the selection process for India's Chief Election Commissioner and Election Commissioners. This change is significant because it replaced the longstanding Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 with the newly enacted Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Under the act, following terms were laid down for the selection of Election Commissioners in India:

• Appointment by the President: The responsibility of the official appointment of Election Commissioners lies with the President of India. 
• A Committee Gives Advice: The President of India appoints the Election Commissioners on the aid and advice of a selection committee, formed specifically for the purpose of appointment. This committee includes:

1. The Prime Minister (the leader of the country) as the head

2. The Leader of the Opposition in the Lok Sabha (the main opposition leader in Parliament)

3. A Union Cabinet Minister (nominated by the Prime Minister)

• Job Security: Election Commissioners have an official tenure for six years or until they turn 65 (whichever happens first).
• Getting Removed from the Job: The removal of Election Commissioners can only be removed from their posts through a process similar to removing a Supreme Court judge and it is also done by the President of India. This is an extremely difficult process.

Change through the 2023 Act

The Chief Justice of India is no longer on the committee that recommends people to become Election Commissioners. A Union Cabinet Minister is now on the committee instead.

Why Does This Matter?

• The Election Commission is in charge of making sure elections in India are free and fair. How their leaders are chosen is important, as it needs to be done without bias for the process to be trusted.
• These changes are significant because some people believe having a judge on the selection committee helps make sure the process is fair. Others believe the government should have more say in who is selected.

Constitutional Safeguards of the Election Commission

• Protection from Arbitrary Dismissal: The Election Commission is safeguarded by constitutional provisions to prevent its members from being dismissed arbitrarily.
• Independence from External Authority: The Commission is insulated from directions or control by any external authority, ensuring its impartiality and autonomy.
• Contempt and Disobedience Powers: It has the power to punish individuals for contempt and disobedience of its orders, further solidifying its authority.
• Financial Autonomy: The Election Commission enjoys financial autonomy, allowing it to function independently without being financially dependent on other authorities.
• Administrative Control: The Commission has administrative control over its staff, enabling it to manage its operations efficiently and effectively.

Historical Background of the Election Commission

• Origins in the Simon Commission: The idea for the Election Commission of India began with the Simon Commission in 1924, which suggested creating a permanent and independent electoral system.
• Formal Establishment: The Commission was formally established through the Representation of the People Act, 1950, following the recommendation of the Simon Commission.
• Appointment of First Election Commissioner: In 1950, Sukumar Sen became the first Election Commissioner of India, marking the beginning of the Commission's work.
• First General Elections: The Commission conducted the first general elections in 1952, which were widely praised as a significant achievement and a sign of the strength of Indian democracy.

Selection Process for Election Commissioners in India

Whenever an Election Commissioner resigns or retires, the Prime Minister has to form a Selection Committee, which consists of 

• Prime Minister.
• The Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha).
• A Union Cabinet Minister (nominated by the Prime Minister).

Identification of the Right Candidates

The Selection Committee conducts research to identify candidates with the following qualities:

• Integrity and a strong reputation.
• Experience in government or legal matters.
• Impartiality and fairness.
• Commitment to the Constitution and its values.

After making a final list of candidates, the Selection committee conducts interviews of various candidates and comes to a conclusion.

Recommendation to the President

Upon completion of the selection process, the Selection Committee presents a list of top candidates to the President of India for consideration.

Official Appointment

The President appoints the selected candidates as Election Commissioners, formalizing the process.

Issues and Proposed Reforms

• Transparency in Appointment Process: The appointment of the Election Commissioner after the change in the process due to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, has been criticised by several leaders and intellectuals. There is a call for more transparency, impartiality and fairness in the selection process.
• Collegium-Based Selection: The government should formulate a collegium-based system for selecting Election Commissioners, akin to the system for appointing judges.
• Constitutional Protection for Election Commissioners: It has been proposed that both Election Commissioners should also be protected constitutionally just like the Chief Election Commissioner.
• Strengthening Enforcement: There is a push for the enhancement of the authority of the Election Commission to enforce the Model Code of Conduct. This would allow it to take effective action against any breaches.
• Combatting Money Power: Address concerns regarding the use of money power and electoral malpractices during elections.

Upcoming Challenges

• Intense Scrutiny: With the upcoming Lok Sabha elections, the Election Commission's role in upholding the sanctity of the electoral process will face intense scrutiny.
• Debates on Reforms: The recent resignation of Election Commissioner Arun Goel has sparked debates on the need for further reforms to enhance the Commission's independence and credibility.

Data Source: PRS India

Practice MCQs

Q1. With reference to the Election Commission of India, consider the following statements: 

1. The Chief Election Commissioner and Election Commissioners are eligible for reappointment. 

2. The Election Commission is responsible for conducting elections to the Rajya Sabha. 

3. The President of India can remove the Chief Election Commissioner or an Election Commissioner on the grounds of proven misbehaviour or incapacity. 

4. The Election Commission can be dissolved by a resolution passed by both houses of Parliament with a two-thirds majority. 

Which of the above statements is/are correct?

A. 1 & 3 only 

B. 2 & 4 only 

C. 1, 3 & 4 only 

D. All of the above

Q2. Regarding the Election Commission's powers, consider the following statements: 

1. The Election Commission can disqualify a candidate if they fail to submit their election expenses within the prescribed time. 

2. The Election Commission can review all election-related laws and recommend changes to Parliament. 

3. The Election Commission can issue an advisory to political parties regarding their election campaigns. 

4. The Election Commission can temporarily suspend elections in a constituency if there are reports of widespread electoral malpractices.

Which of the above statements is/are correct?

A. 1 & 3 only 

B. 2 & 4 only 

C. 1, 3 & 4 only 

D. All of the above

Q3. With regard to the appointment of Election Commissioners, consider the following statements: 

1. The Prime Minister has the final authority to appoint Election Commissioners. 

2. The Leader of the Opposition in the Lok Sabha is a member of the Selection Committee for appointing Election Commissioners. 

3. The Selection Committee for appointing Election Commissioners is chaired by the Chief Election Commissioner. 

4. The Selection Committee for appointing Election Commissioners includes the Chief Justice of India. 

Which of the above statements is/are correct?

A. 1 & 3 only 

B. 2 & 4 only 

C. 1, 2 & 4 only 

D. All of the above

Q4. Regarding the removal of Election Commissioners, consider the following statements: 

1. The President of India can remove an Election Commissioner on the grounds of proven misbehaviour or incapacity. 

2. The removal process of an Election Commissioner is similar to that of removing a Supreme Court judge. 

3. The Parliament can remove an Election Commissioner through a simple majority vote. 

4. The Supreme Court has the authority to recommend the removal of an Election Commissioner. 

Which of the above statements is/are correct?

A. 1 & 3 only 

B. 2 & 4 only 

C. 1, 2 & 4 only 

D. All of the above

Answers and Explanations

Answer 1: B. 2 & 4 only

Explanation:

Statement A is incorrect. The Chief Election Commissioner and Election Commissioners are not eligible for reappointment.

Statement B is correct. The Election Commission is responsible for conducting elections to the Rajya Sabha.

Statement C is incorrect. The President of India can remove the Chief Election Commissioner or an Election Commissioner only on the grounds of proven misbehaviour or incapacity.

Statement D is correct. The Election Commission cannot be dissolved by a resolution passed by both houses of Parliament with a two-thirds majority.

Answer 2: C. 1, 3 & 4 only

Explanation:

Statement A is correct. The Election Commission can disqualify a candidate if they fail to submit their election expenses within the prescribed time.

Statement B is incorrect. The Election Commission can review all election-related laws and recommend changes to Parliament.

Statement C is correct. The Election Commission can issue an advisory to political parties regarding their election campaigns.

Statement D is correct. The Election Commission can temporarily suspend elections in a constituency if there are reports of widespread electoral malpractices.

Answer 3: B. 2 & 4 only

Explanation:

Statement A is incorrect. The Prime Minister does not have the final authority to appoint Election Commissioners.

Statement B is correct. The Leader of the Opposition in the Lok Sabha is a member of the Selection Committee for appointing Election Commissioners.

Statement C is incorrect. The Selection Committee for appointing Election Commissioners is not chaired by the Chief Election Commissioner.

Statement D is incorrect. The Selection Committee for appointing Election Commissioners does not include the Chief Justice of India.

Answer 4: B. 2 & 4 only

Explanation:

Statement A is correct. The President of India can remove an Election Commissioner on the grounds of proven misbehaviour or incapacity.

Statement B is correct. The removal process of an Election Commissioner is similar to that of removing a Supreme Court judge.

Statement C is incorrect. The Parliament cannot remove an Election Commissioner through a simple majority vote.

Statement D is incorrect. The Supreme Court does not have the authority to recommend the removal of an Election Commissioner.