Election Commission of India

The Election Commission of India is an autonomous, quasi-judiciary constitutional body

of India. Its mission is to conduct free and fair elections in India. It was established on
25 January 1950[1] under Article 324 of the Constitution of India.

Structure

The commission presently consists of a Chief Election Commissioner and two Election
Commissioners,appointed by the president.

Until October 1989, there was just one Chief Election Commissioner. In 1989, two
Election Commissioners were appointed, but were removed again in January 1990. In
1991, however, the Parliament of India passed a law providing for the appointment of
two Election Commissioners. This law was amended and renamed in 1993 as the Chief
Election Commissioner and other Election Commissioners (Conditions of Service)
Amendment Act 1993. As of Sunday, 29 August 2010, the CEC is Shahabuddin Yaqoob
Quraishi.[2] Establishment of commission is on 25 Jan 1950 before one day of Republic
Day.

The Chief Election Commissioner may be removed from his office in like manner and on
the like grounds as a judge of the Supreme Court.It means the Chief Election
Commissioner may be removed from office by Parliament by passing a resolution to
that effect,passed by special majority on the ground of proved misbehaviour or
incapacity. The Election Commission shall consist of a Chief Election Commissioner
and such other Commissioners as the President may, from time to time, fix. Other
Election Commissioner may be removed by the President on the recommendation of
the Chief Election Commissioner. Salary of chief election commissioner is same as
justice of supreme court of India. All three commissioner have same right of taking a
decision. Tenure of commissioners is 6 years or up to age of 65, whichever is earlier.
The Election Commission of India has completed more than 300 elections.

The Election Commission shall have the power of superintendence, direction and
control of all elections to parliament and the state legislatures and of elections to the
office of the President and Vice-President.

Powers and duties

The Election Commission enjoys complete autonomy and is insulated from any kind of
executive interference. The body also functions as a quasi-judiciary body in matters of
electoral disputes and other matters involving the conduct of elections. Its
recommendations and opinions are binding on the President of India. However, the
decisions of the body are liable for independent judiciary reviews by courts acting on
electoral petitions.

The Election Commission is responsible for planning and executing a whole amount of
complex operations that go into the conduct of elections. During the elections, the entire
Central (Federal) and State government machinery including para-military forces and
the Police is deemed to be on deputation to the Election Commission which takes
effective control of personnel, movable and immovable Government Properties it deems
necessary for successful completion of the electoral process. The Apart from
conducting elections to representative bodies, the Election Commission has been on
many occasions, called upon by the Courts to oversee and execute elections to various
governing bodies of other autonomous organisations, such as Syndicates of
Universities, statutory professional bodies, etc.

The following are the principal functions of the Election Commission of India:

1. Demarcation of Constituencies.
2. Preparation of Electoral Rolls.
3. Recognition of Political parties and allotment of symbols.
4. Scrutiny of nomination papers.
5. Conduct of polls.
6. Scrutiny of election expenses of candidates.

Election Commission of India - Powers and Duties

The Election

Commission enjoys complete autonomy and is insulated from any kind of executive
inteference. The body also functions as a quasi-judiciary body in matters of electoral
disputes and other matters involving the conduct of elections. Its recommendations and
opinions are binding on the President of India. However, the decisions of the body are
liable for independent judiciary reviews by courts acting on electoral petitions.

The Election Commission is responsible for planning and executing a whole gamut of
complex opererations that go into the conduct of elections. During the elections, the
entire Central (Federal) and State government machinery including para-military forces
and the Police is deemed to be on deputation to the Election Commission which takes
effective control of personnel, movable and immovable Government Properties it deems
necessary for successful completion of the electoral process.

The Elections to the Lok Sabha, India's lower house of the Parliament is one of the
largest human operations wherein an electorate of over 670 million vote to choose their
representatives to the house. Thus the Election Commission of India enjoys the
distinction of being one of the largest management organisations employing more than
5 million personel during elections.

Apart from conducting elections to representative bodies, the Election Commission has
been on many ocassions, called upon by the Courts to oversee and execute elections to
various governing bodies of other autonomous organisations, such as Syndicates of
Universities, statuatory professional bodies, etc.

Leveraging its experience and expertise in conducting elections, The Election

Commission also assists many of its counterpart bodies in third world countries. As part
of a pact with the UN, the Election Commission of India as part of the UN Electoral
Assistance Division will provide logistics and consultancy assistance for elections in Iraq
among other nations which are fledging democracies.

Campaign
The campaign is the period when the political parties put forward their candidates and
arguments with which they hope to persuade people to vote for their candidates and
parties. Candidates are given a week to put forward their nominations. These are
scrutinised by the Returning Officers and if not found to be in order can be rejected after
a summary hearing. Validly nominated candidates can withdraw within two days after
nominations have been scrutinised. The official campaign lasts at least two weeks from
the drawing up of the list of nominated candidates, and officially ends 48 hours before
polling closes.

During the election campaign the political parties and contesting candidates are
expected to abide by a Model Code of Conduct evolved by the Election Commission on
the basis of a consensus among political parties. The model Code lays down broad
guidelines as to how the political parties and candidates should conduct themselves
during the election campaign. It is intended to maintain the election campaign on
healthy lines, avoid clashes and conflicts between political parties or their supporters
and to ensure peace and order during the campaign period and thereafter, until the
results are declared. The model code also prescribes guidelines for the ruling party
either at the Centre or in the State to ensure that a level field in maintained and that no
cause is given for any complaint that the ruling party has used its official position for the
purposes of its election campaign.

Once an election has been called, parties issue manifestos detailing the programmes
they wish to implement if elected to government, the strengths of their leaders, and the
failures of opposing parties and their leaders. Slogans are used to popularise and
identify parties and issues, and pamphlets and posters distributed to the electorate.
Rallies and meetings where the candidates try to persuade, cajole and enthuse
supporters, and denigrate opponents, are held throughout the constituencies. Personal
appeals and promises of reform are made, with candidates travelling the length and
breadth of the constituency to try to influence as many potential supporters as possible.
Party symbols abound, printed on posters and placards

Polling Day
Polling is normally held on a number of different days in different constituencies, to
enable the security forces and those monitoring the election to keep law and order and
ensure that voting during the election is fair
How the voting takes place?
Voting is by secret ballot. Polling stations are usually set up in public institutions, such
as schools and community halls. To enable as many electors as possible to vote, the
officials of the Election Commission try to ensure that there is a polling station within
2km of every voter, and that no polling stations should have to deal with more than 1200
voters. Each polling station is open for at least 8 hours on the day of the election.

On entering the polling station, the elector is checked against the Electoral Roll, and
allocated a ballot paper. The elector votes by marking the ballot paper with a rubber
stamp on or near the symbol of the candidate of his choice, inside a screened
compartment in the polling station. The voter then folds the ballot paper and inserts it in
a common ballot box which is kept in full view of the Presiding Officer and polling agents
of the candidates. This marking system eliminates the possibility of ballot papers being
surreptitiously taken out of the polling station or not being put in the ballot box

Booth capturing is a type of voter fraud that is most common in countries like India and
Sri Lanka. It’s a very obvious form of tampering with the results of an election, because
it is extremely clear that it is occurring. Past incidents of it have resulted in violent fights
breaking out at polling centers, especially if two rival candidates or their supporters
show up at the same polling place. Booth capturing tends not to occur in the US since
people running polls certainly know what to look for to prevent such an occurrence.

Basic booth capturing works in the following way: At a polling center, members of a
certain political party will “capture” a booth, by filling it with a stream of party loyalists.
Typically these loyalists are not legally registered to vote at that particular booth, and
may vote several times for their party member. By keeping the booth occupied, votes for
an opposing party are kept lower, and people who have the legitimate right to vote may
not be able to wait for an extended time to cast their vote, or they may be so intimidated
by fierce seeming mobs capturing a booth that they simply don’t vote.

The practice of booth capturing began to be widespread in India during the 1970s and
1980s. At first it tended to occur in northern parts of India, and then spread to other
parts of the country. By 1989, the Indian government, sickened by the increasing rate of
suppression tactics, passed laws that made booth capturing a criminal offense. In
addition, the government created laws that allow the government to not count polling
stations where booth capturing occurred, thus rendering the practice much less
effective.

Yet the practice still continues to a degree, even with the development of Electronic
Voting Machines. These can be shut down by people working at a voting location if they
suspect booth capturing is occurring. The laws have certainly reduced incidence of this
type of election fraud.