THe Election Commission of India: Guardian of Democracy

Table of Contents

1. Introduction

2. Historical Background of the Election Commission of India

3. Constitutional Provisions and Legal Framework

4. Structure and Composition of the Commission

5. Powers and Functions of the Election Commission

Conduct of Elections

Delimitation and Electoral Rolls

Political Party Registration and Recognition

Model Code of Conduct

Voter Education and Awareness (SVEEP Programme)

6. Role of Technology in Indian Elections

Electronic Voting Machines (EVMs)

Voter Verifiable Paper Audit Trail (VVPAT)

Digital Innovations and Cybersecurity

7. Challenges Faced by the Election Commission

Electoral Malpractices

Money and Muscle Power

Criminalization of Politics

Fake News and Social Media Manipulation

Voter Apathy and Low Turnout

8. Judicial Review and the Role of the Courts

9. Major Electoral Reforms in India

73rd and 74th Amendments

Anti-Defection Law

Right to Information Act and Electoral Transparency

NOTA (None of the Above)

10. Case Studies of Landmark Elections

1951–52: The First General Election

1977: Post-Emergency Election

2014 & 2019: Rise of Technology and Mass Participation

11. Comparison with Election Commissions of Other Countries

USA

UK

South Africa

Lessons for India

12. The Election Commission and Federalism

13. Recent Developments and Controversies

14. Future of Electoral Democracy in India

 15. Conclusion

Chapter 1: Introduction

The Election Commission of India (ECI) stands as one of the strongest pillars of India’s
democratic system. Tasked with the monumental responsibility of ensuring free, fair, and
transparent elections in the world’s largest democracy, the Commission embodies the
principles of equality, participation, and representation. Since India’s independence in
1947, the ECI has been at the forefront of conducting periodic elections to the Lok Sabha,
State Legislative Assemblies, and the offices of the President and Vice President.

As Dr. B.R. Ambedkar famously noted, “Democracy is not merely a form of government but
a mode of associated living.” In this sense, the Election Commission is not just an
administrative body—it is the custodian of India’s democratic ethos.

This essay examines the origins, constitutional basis, functioning, powers, challenges,
reforms, and future of the Election Commission of India in detail.

Chapter 2: Historical Background of the Election Commission of India

The roots of electoral democracy in India can be traced back to the colonial period. The
Indian Councils Act of 1909 (Morley-Minto Reforms) introduced limited elections, but
voting rights were restricted to the elites. The Government of India Act of 1935 expanded
the franchise, yet elections remained under colonial influence.

Post-independence, India faced the herculean task of conducting its first general election
(1951–52) in a country with widespread illiteracy, poverty, and limited infrastructure. The
Constitution of India (1950) established the Election Commission under Article 324,
granting it plenary powers to supervise, direct, and control elections.

On January 25, 1950, the ECI was formally constituted, with Sukumar Sen as the first Chief
Election Commissioner. Since then, January 25 has been celebrated as National Voters’
Day every year.

Chapter 3: Constitutional Provisions and Legal Framework

Article 324: Vests the superintendence, direction, and control of elections in the ECI.

Articles 325–329: Guarantee universal adult suffrage, electoral rolls, and bar judicial
interference in electoral matters except through election petitions.

Representation of the People Acts, 1950 & 1951: Provide detailed provisions regarding the
preparation of electoral rolls, conduct of elections, qualifications/disqualifications of
members, and resolution of disputes.

Delimitation Acts: Define constituency boundaries.

The Commission functions as an autonomous constitutional authority, insulated from
political interference.

Chapter 4: Structure and Composition of the Commission

Originally, the ECI was a single-member body, but later became multi-member.

Chief Election Commissioner (CEC): Heads the body.

Election Commissioners: Currently two in number, making it a three-member body.

Tenure & Removal: CEC enjoys the same security of tenure as a Supreme Court judge.
Removal requires a process similar to impeachment.

The Commission is supported by the Election Commission Secretariat, state chief

electoral officers, and district election officers.

Chapter 5: Powers and Functions

5.1 Conduct of Elections

The primary responsibility is to conduct elections to Parliament, State Legislatures, and
constitutional offices of President and Vice President.

5.2 Delimitation and Electoral Rolls

Ensuring constituencies are fairly divided and all eligible citizens are enrolled.

5.3 Political Party Registration and Recognition

ECI regulates political parties, symbols, and recognition as national/state parties.

5.4 Model Code of Conduct (MCC)

Ensures level playing field during elections. It is not a law but a consensus-based ethical
code.

5.5 Voter Education and Awareness (SVEEP Programme)

A flagship initiative to increase voter participation.

Chapter 6: Role of Technology in Indian Elections

Electronic Voting Machines (EVMs) introduced in the 1990s, eliminating ballot stuffing.
VVPATs provide a paper trail to enhance transparency.

Mobile apps like cVIGIL enable citizens to report violations.

Concerns of hacking and cybersecurity persist but the ECI defends the reliability of EVMs.

Chapter 7: Challenges Faced by the Election Commission

1. Electoral Malpractices: Booth capturing, bogus voting, etc.

2. Money and Muscle Power: Growing influence of black money and criminal
candidates.

3. Criminalization of Politics: Many legislators face criminal cases.

4. Fake News & Social Media: Disinformation campaigns distort voter behavior.

5. Voter Apathy: Urban middle class often shows lower turnout.

Chapter 8: Judicial Review and the Role of the Courts

Indian judiciary has played a key role in strengthening ECI:

Indira Gandhi vs. Raj Narain (1975): Affirmed judicial oversight in election disputes.

PUCL vs. Union of India (2003): Introduced Right to Know (criminal records of candidates).

NOTA (2013): Supreme Court allowed “None of the Above” option.

Chapter 9: Major Electoral Reforms in India

Anti-Defection Law (1985)

Disclosure of Candidate Assets & Criminal Records (2002 onwards)

Introduction of NOTA (2013)

Use of VVPAT (2019 General Elections)

Chapter 10: Case Studies of Landmark Elections

1. 1951–52 General Election: World’s biggest democratic exercise.

2. 1977 Election: A test of democracy post-Emergency, resulting in the fall of Indira

Gandhi’s government.

3. 2014 & 2019 Elections: Heavy use of social media, EVMs, VVPAT, and
unprecedented voter turnout.

Chapter 11: Comparison with Election Commissions of Other Countries

USA: Decentralized, elections controlled by states.

UK: Electoral Commission oversees campaign finance, not conduct of polls.

South Africa: Independent Electoral Commission with powers similar to ECI.

India’s ECI is unique in its centralized constitutional authority.

Chapter 12: The Election Commission and Federalism

Although India is a federal country, the ECI ensures uniformity in election conduct across
states, balancing central control with local realities.

Chapter 13: Recent Developments and Controversies

Debate over simultaneous elections (One Nation, One Election).

Accusations of bias in enforcing the Model Code of Conduct.

Demand for greater transparency in political funding (Electoral Bonds case pending in
Supreme Court).
Chapter 14: Future of Electoral Democracy in India

State funding of elections could reduce money power.

Compulsory voting debated as a way to increase turnout.

Digital voting for NRIs and migrants under consideration.

Stronger laws needed against hate speech and fake news.

Chapter 15: Conclusion

The Election Commission of India has played a vital role in safeguarding democracy for
over seven decades. Despite challenges, it remains a respected constitutional authority,
admired globally. Strengthening its autonomy, introducing electoral reforms, and
embracing technology will be crucial in sustaining the democratic spirit of India in the 21 st
century.

As India moves forward, the ECI must continue to embody its motto:

“Free and fair elections are the foundation of democracy.”