Powers and Functions of Election Commission of India

Powers and Functions of Election Commission of India: The Election Commission of India carries out the duties of holding free and fair elections throughout the nation at both the federal and state levels. It is an independent constitutional organization that regulates elections for the Lok Sabha and Rajya Sabha, elections for state legislative assemblies, the election of the President and Vice President, and other national and local elections. The laws and regulations governing elections as well as the autonomous operation of the Indian Election Commission are governed under Article 324 of the Indian Constitution.

What is the Election Commission of India?

The Election Commission of India is a legally independent entity that regulates and supervises India’s national and state election processes. Elections for the Rajya Sabha, Lok Sabha, Vice President, President, and State Legislative Assemblies must be held by this organization. It is important to note that separate commissions are established at the state level to conduct elections for municipalities and panchayats. On January 25, 1950, the first Election Commission of Independent India was established in order to provide the groundwork for a democratic system of administration.

Article 324 of our Indian Constitution gives the Election Commission the authority to carry out its responsibilities and duties successfully. In the years following independence, the first general election was conducted in 1951. Earlier, Article 327 was also used to enact the Representation of People’s Act. The Election Commission of India has the authority under the Constitution to take the required actions when a situation that could occur during the conduct of an election cannot be resolved by the laws that have already been passed but have proven insufficient.

Articles Related to the Election Commission

The Election Commission of India and the member’s jurisdiction, function, term, eligibility, etc. are covered by Articles 324 to 329 of the constitution:

What is Article 324?

Article 324 provides that – the superintendence, direction, control of preparation of electoral rolls, conduct of all the elections to the Parliament, to the State Legislative Assemblies, to the President & Vice-President will be vested in the Election Commission. It also provides that the Election Commission will comprise of – The Chief Election Commissioner (CEC) and other Election Commissioners as the President will decide from time to time.  

Article 324 also insulates the protective measures on the independence of the election commission, according to which, the tenure of office of the Election Commissioners are protected. For Ex: The Chief Election Commissioner’s tenure is protected to the extent that – he shall continue to perform his duties and shall not be removed from his office, same in the manner as that of the Judge of a Supreme Court of India. As far as the other Election Commissioners are concerned, they can not be removed from the office, except on the recommendation made by the Chief Election Commissioner.

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What is Article 327 & 329?

Article 327 prescribes the power of the Parliament to make provisions with respect to elections to the legislations. This is the provision, by virtue of which, Representation of People’s Act 1950 & RPA 1951 are framed.

Article 329 provides two essential aspects;

Clause (a) of Article 329: Notwithstanding anything contained in this Constitution, the validity of any law relating to the “Delimitation of Constituencies” shall not be questioned before the courts.  

Clause (a) of Article 329: No election to either house of Parliament or to the house of State Legislative Assemblies shall be called for questioning before the courts except by an “Election Petition” presented to such authority in such a manner as provided by the law.

Hence, In the conduct of elections, the Election-Commission is completely insulated while it is conducting elections, its directions and orders cannot be brought to challenge at any point in time.

Powers of Election Commission of India

The powers of ECI include drawing up electoral rolls that are then periodically revised to include all eligible voters, determining the territorial boundaries of electoral constituencies across the country using the Delimitation Commission Act of Parliament as a guide, etc. The Indian Election Commission has the following powers:

1. The distribution of election dates and timetables, as well as the evaluation of nomination forms.
2. Recognizing political parties and distributing election symbols to them.
3. Resolving disputes about the choice to recognize political parties and give them election symbol by acting as a court.
4. Appointing investigators to look into concerns about electoral procedures.
5. Deciding on a code of behavior for candidates and political parties to follow during elections.
6. Creating a strategy to advertise the platforms of all political parties on radio and television during elections.
7. Advising the President on matters pertaining to the disqualification of MPs.
8. Helping the governor with matters such as MLA disqualification.
9. Election cancellation due to incidents of violence, vote-rigging, or other anomalies including booth capture.
10. Asking the president or governor to requisition the election-related staff.
11. Monitoring the country’s voting machines to ensure that free and fair elections are conducted.
12. After a year, officials must advise the President if elections may be held in a state that is under their authority in order to extend the state of emergency.
13. According to their polling results, political groups are listed and given the status of national or state parties.

The Election Commission receives assistance from deputy commissioners as it performs its tasks. The deputy ECs are selected from the civil services and are appointed by the Commission. Their term has already been determined. They receive support from the secretaries, joint secretaries, deputy secretaries, and undersecretaries who serve in the commission’s secretariat.

Functions of Election Commission of India

The Election Commission performs the following duties:

1. The employees of the ECI supervise, coordinate, and control the entire election procedure for the State legislature, the Vice-President of India, and the President of India.
2. Setting dates for general elections is the Commission’s main duty after ensuring that there are no conflicts with other state and union elections.
3. Electronic photo ID cards (EPICs) are provided along with the creation of electoral rolls.
4. The Election Commission of India makes decisions regarding the location of voting places, voter distribution, vote-counting sites, the preparations to be made in and around polling places, as well as any other related matters.
5. It recognizes political parties, grants them electoral symbols, and resolves conflicts concerning them.
6. Even the problem of state representatives and leaders who are currently in office being fired after elections is the subject of an advisory group for the Commission.
7. The Model Code of Conduct is published by the Indian Election Commission and is to be followed by candidates and political parties during the elections. This stops unethical behavior and the improper use of authority to gain support.

FAQs on Functions and Powers of Election Commission of India

What are the powers of Election Commission of India?

The Election Commission is responsible for ensuring the independent and impartial operation of the Elections under Article 324 of the Indian Constitution. Therefore, the Election Commission supervises and regulates the entire electoral process. It determines the election timetables to ensure that the elections are held on time.

What are the functions of the Election Commission of India?

The primary function of the Election Commission is to manage and supervise all national elections, including those for the offices of the President, Vice President, State legislative assemblies, Lok Sabha, and Rajya Sabha, among others. It is in charge of creating voter lists, designing ID cards, setting up voting places, etc.

How many parties are registered with the Election Commission of India?

In a democracy, it is permissible for a group of citizens with the shared objective of establishing a government through electoral contests to establish a political party. But not all of them participate in elections and take them seriously. The Election Commission of India currently has more than 750 political parties on its registration list.

Why is it necessary that the Election Commission be powerful and independent?

Any democratic nation’s election commission needs to be powerful, independent, and capable of holding free and transparent elections. If not, the ruling party will seize control of the electoral process, killing the fundamental tenets of democracy and fostering authoritarianism.

Which article governs the appointment of the election commissioner?

In accordance with Article 324 of the constitution, the election commission will be made up of the chief election commissioner (CEC) and however many additional election commissioners (ECs) as the president may determine. The president appoints the CEC and the other ECs.