Election Commission of India (ECI)

Context:

The Opposition party has accused the Election Commission of India (ECI) of large-scale voter list manipulation in Karnataka, Maharashtra, and other states, alleging bias and “vote theft” in favour of the ruling party.

About the Election Commission of India (ECI)

The Election Commission of India (ECI) is an autonomous constitutional authority responsible for conducting and regulating elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President in India. It was established on 25 January 1950 (celebrated as National Voters’ Day), with its headquarters in New Delhi.

It does not conduct elections to Panchayats and Municipalities, as these fall under the jurisdiction of the State Election Commissions.

Constitutional Provisions (Part XV: Articles 324–329)

• Article 324 – Superintendence, direction, and control of elections vested in the Election Commission.
• Article 325 – No discrimination in electoral rolls on grounds of religion, race, caste, or sex.
• Article 326 – Elections based on adult suffrage (18 years and above).
• Article 327 – Parliament’s power to legislate on elections.
• Article 328 – State Legislature’s power to legislate on elections.
• Article 329 – Bar on judicial interference in electoral matters.

Structure of ECI

• Initially a single-member body, but became a multi-member body after the Election Commissioner Amendment Act, 1989.
• Presently consists of:
  • Chief Election Commissioner (CEC)
  • Two Election Commissioners (ECs)
• At the state level, assisted by the Chief Electoral Officer.

Appointment & Tenure

• Appointed by the President of India under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
• Tenure: 6 years or up to 65 years of age, whichever is earlier.
• Salary and service conditions are equivalent to a Supreme Court Judge.

Removal

• CEC: Can only be removed in the same manner as a Supreme Court judge (by Parliament).
• ECs: Can be removed on the recommendation of the CEC.
• All can resign before the expiry of their term.

Limitations

• No constitutional prescription of qualifications (legal, educational, administrative, or judicial).
• No specific term fixed in the Constitution.
• Retiring commissioners are not barred from future government appointments.