Election Commission Of India: From The Lens Of Transparency & Credibility

India is a democratic country and free and fair elections are a hallmark of democracy. The union and state elections are administered by an autonomous constitutional authority known as the Election Commission of India. Since independence it has successfully conducted elections to National as well as state assemblies. However, in the contemporary times, erosion of independence of Election Commission and intrusion of the executive has raised questions about its credibility and transparency.

• A group of retired bureaucrats and diplomats wrote a letter to the President of India terming the EC as “weak-kneed” and “suffering from a crisis of credibility.” It has highlighted Election Commission’s lackadaisical approach in dealing with the model code of conduct (MCC) violations by senior leaders of the ruling parties, issues of VVPAT audits and corrosion of general political discourse.

About Election Commission

The Election Commission of India is an independent Constitutional Authority since 25th January, 1950.

• Composition: The Constitution provides for Chief Election Commissioner and one or more Election Commissioners to be appointed by the President. Currently, the Commission has a Chief Election Commissioner and two Commissioners.Chief Election Commissioner and the Election Commissioners enjoy the status of a Judge of the Supreme Court of India.
• Appointment and Impeachment: No criterion has been mentioned in the Constitution of India for the appointment of the Election Commission. The members are appointed by the President on the advice of the government. The Chief Election Commissioner can be removed from office only by Parliamentary impeachment.
• Functions: The Election Commission is responsible for the conduct of elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
  • The Election Commission prepares, maintains and periodically updates the Electoral Rolls, supervises the nomination of candidates, registers political parties, monitors the election campaign, including the spending by candidates.
  • It also facilitates the coverage of the election process by the media, organises the polling booths where voting takes place, and looks after the counting of votes and the declaration of results.

Issues with Election Commission's Independence

• Politicization of appointment of Election Commissioners - CEC and Election Commissioners are appointed by the president on the advice of the Cabinet which provides advice under Transaction of Business Rules, 1961 of the Union cabinet. Election Commissioners, thus, become politically vulnerable which, in turn, affects the functioning of the EC.
• Poor Enforcement of the Model Code of Conduct (MCC) – The violations of Model Code of Conduct are not dealt strictly by Election Commission as MCC has no legal backing.Though violations occur frequently, the ECI has rarely taken recourse to its extraordinary powers apart from warning and reprimands.
• Inadequate Powers: Election Commission has no power to disqualify candidates before conviction even if a candidate is facing several serious charges.
  • False affidavit or suspension of material information in the affidavit is not included as grounds for challenging the election or for rejection of nomination papers section under RPA, 1951.
  • Practices such as use of muscle power, bribe and misuse of caste and religion for electoral gain can be questioned only by way of an election petition and cannot be a subject of inquiry before the Election Commission when the election is in progress.
• Inadequate Protection to Election Commissioner: The two other election commissioners, along with other regional commissioners, can be removed on the “recommendation of the Chief Election Commissioner”, thus constitutional protection is not provided to them.
• Lack of Financial Independence – The expenditure of the Election Commission is not charged upon Consolidated Fund of India.

Implications of Lack of ECI’s Independence

• Loss of Trust of People - The Election Commission is regarded as the guardian of elections in the country. Lack of independence of ECI gives an impression that the elections are not transparent and free and fair. It is independent institutions which support, sustain and guard democracy.
• Politicization of Election Commission - As the Chief Election Commissioner is not barred from post-service posts, there are chances of political bias.
• It deprives the commission of its ability to withstand external pressures, be neutral and functioning impartially.

Possibilities and Prospects

The appointment and term of office of the Chief Election Commissioner and Election Commissioners should be depoliticised. Security of tenure for Election Commissioners should be ensured.

• The ECI should have an independent secretariat for itself and frame its own recruitment rules and shortlist and appoint officers on its own.
• The expenditures of EC must be charged upon the Consolidated Fund of India similar to other constitutional bodies.
• The EC should be empowered to take adequate actions against poll code violators.
• Provide statutory backing to Model Code of Conduct.
• Empowerment of the Commission to deregister political parties.