RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

PATIALA, PUNJAB

Project of Constitutional Law

Topic :- Independent Staff for the Election Commision of India

SUBMITTED BY:- SUBMITTED TO :-

AMARENDRA KUMAR Dr. Lakhwinder Singh
ROLL NO – 18133 Patiala , Punjab

ACKNOWLEDGEMENT
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 I wish to express my sincere gratitude to constitutional law Professor Dr.
Lakhwinder Singh who provided me the opportunity of making this project
which provided me with a lot of knowledge and information. Through this project I
was able to express my thoughts on paper and also learned to research on different
topics. I would also like to thank the library staff, my batch mates and the seniors
who guided me in this project. I would also like to give credit to my parents and
my sister who encouraged, motivated and steered my way to completing the
project. Again, I would like to thank who all those who assisted me in making this
project without them I could not have completed the project

Amarendra Kumar

CERTIFICATE
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 This is to certify that the project titled “Independent Staff for the
Election Commission of India " has been successfully completed and
researched on by the bona fide student AMARENDRA KUMAR, 2nd
Year Ba.LLB. (Hons.), Roll No. 18133, of Rajiv Gandhi National
University of Law under the supervision of Dr. Lakhwinder Singh
Assistant Professor of Law.

………………………………………

Dr. Lakhwinder Singh

CONTENTS
Page No.
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1. Introduction ………………………………………………..……… 5

2. Structure…………………………………………………………….6
3. Functions……………………………………………………………7
4. Budget & Expenditure……………………………………………..8
5. Role of Election Commission……………………………….……..9
6. Supporting Staff for Elections…………………………………....13
7.Conclusions&Suggestions …………………….……………….… 16

8.Bibliography………………………………………………..…….. 17

1 Introduction : Election Commission of India –

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 India – The world’s largest democracy with 1.33 billion people is a constitutional democracy
where the political authority of the nation lies with the Government of India and is governed by
fundamental laws stated in the Constitution.

Being a democratic country, India follows a parliamentary system of governance where the
people of India choose their leaders with the system of voting predominant since Independence.
The Election Commission of India, established in 1950 has been the major body responsible for
the 4 major elections in India which are:

 Lok Sabha Elections

 State Legislative Assembly Election
 Members of Parliament in Rajya Sabha
 Elections for the members of Local Panchayat and City Council Officials.1

Coming to the people who head the Election Commission of India, Mr. Sunil Arora serves as the
Chief Election Commissioner along with Mr. Ashok Lavasa and Mr. Suhsil Chandra serving as
the Election Commissioners. The Election Commission’s major role in a democracy is to
conduct fair and free elections in the country.

The Election Commission operates under the authority of Constitution per Article 324,and

subsequently enacted Representation of the People Act. The commission has the powers under
the Constitution, to act in an appropriate manner when the enacted laws make insufficient
provisions to deal with a given situation in the conduct of an election. Being a constitutional
authority, Election Commission is amongst the few institutions which function with both
autonomy and freedom, along with the country’s higher judiciary, the Union Public Service
Commission and the Comptroller and Auditor General of India.2

2 Structure :-
1
 Election Commission of India. Archived from the original on 26 December 2016
2
 "The Presidential and Vice-Presidential Elections Act, 1952 (Act No. 31 of 1952)" (PDF). Election Commission
of India. 14 March 1952. Archived from the original  (PDF) on 9 October 2010. Retrieved 9 September  2017.

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The commission was established in 1950 and originally only had a Chief Election
Commissioner. Two additional Commissioners were appointed to the commission for the first
time on 16 October 1989 (on the eve of the 1989 General Election), but they had a very short
tenure, ending on 1 January 1990. "The Election Commissioner Amendment Act, 1989" was
adopted on 1 January 1990 which turned the commission into a multi-member body: a 3-member
Commission has been in operation since then and the decisions by the commission are made by a
majority vote. The Chief Election Commissioner and the two Election Commissioners who are
usually retired IAS officers draw salaries and allowances as per with those of the Judges of
the Supreme Court of India as per the Chief Election Commissioner and other Election
Commissioners (Conditions of Service) Rules, 1992.3

The commission is served by its secretariat located in New Delhi. The Election Commissioners
are assisted by Deputy Election Commissioners, who are generally IAS officers. They are further
assisted by Directors General, Principal Secretaries, and Secretaries and Under Secretaries.

At the state level, Election Commission is assisted by the Chief Electoral Officer of the State,
who is an IAS officer of Principal Secretary rank. At the district and constituency levels,
the District Magistrates (in their capacity as District Election Officers), Electoral Registration
Officers and Returning Officers perform election work.

3 Functions :-

3
 "The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business)
Act, 1991 (Act No. 11 of 1991)"  (PDF).  Ministry of Law and Justice, Government of India. 25 January 1991.
Archived from  the original  (PDF)  on 29 March 2017. Retrieved  9 September 2017.

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One of the most significant highlights of the popularity based arrangement in India is elections at
standard interims. Holding intermittent, free and reasonable elections are fundamentals of a
majority rule framework and a piece of the essential structure of the Constitution. The Election
Commission is viewed as the watchman of elections in the nation. In each election, it gives a
Model Code of Conduct for ideological groups and contender to direct elections in a free and
reasonable way. The commission gave the Code of Conduct without precedent for 1971 for the
fifth Lok Sabha elections and has updated it every once in a while. It sets down rules for the
direct of ideological groups and applicants during an election period. Be that as it may, there
have been occurrences of infringement of the code by different ideological groups with
grumblings being gotten for abuse of authentic apparatus by the competitors. The code doesn't
have a particular statutory premise yet just a convincing impact. It contains the standards of
appointive ethical quality. Be that as it may, this absence of statutory support doesn't keep the
commission from authorizing it.

A law in regards to the enrollment procedure for ideological groups was authorized in 1989 and
various gatherings got enlisted with the commission. The enlistment keeps away from disarray
guarantees that the ideological groups are brought under the domain of the commission.

The election commission has the option to permit images to the ideological groups. It offers
acknowledgment to the national gatherings, state parties and provincial gatherings. It sets
constrains on survey costs. The commission get ready appointive rolls and update the voter's
rundown every once in a while. Notices of dates and timetables of election for recording
assignments are given by the commission. It is significant that Election commission can't allocate
same image to two provincial ideological groups regardless of whether they are not in a similar
state. The commission is enabled with denying scattering or distribution of casting a ballot
inclines that look to impact voters by assessments of public sentiment or leave surveys.

To control the developing impact of cash during elections, the Election Commission has made
numerous recommendations and changes right now. The commission has selected IRS officials
of the Income Tax Department as Election Observers (Expenditure) all things considered and has
fixed as far as possible on the measure of cash which an up-and-comer can spend during election
battles. These cutoff points have been modified after some time. The Election Commission, by

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selecting expenditure eyewitnesses from the Indian Revenue Service, watches out for the
individual record of election expenditure. The commission takes subtleties of the applicant's
advantages on sworn statement at the hour of submitting designation paper, who are additionally
required to give subtleties of their expenditure inside 30 days of the affirmation of results. The
crusade time frame has likewise been diminished by the commission from 21 to 14 days for Lok
Sabha and Assembly elections to chop down election expenditure.

While trying to decriminalize legislative issues, the Election Commission has moved toward the
Supreme Court to put a lifetime prohibition on indicted government officials from challenging
elections.

4 Budget and Expenditure :-

The Secretariat of the Commission has a free budget, which is concluded straightforwardly in
discussion between the Commission and the Finance Ministry of the Union Government. The
last by and large acknowledges the proposals of the Commission for its budgets. The significant
expenditure on real direct of elections is, in any case, reflected in the budgets of the concerned
constituent units of the Union - States and Union Territories. In the event that elections are being
held distinctly for the Parliament, the expenditure is borne totally by the Union Government
while for the elections being held uniquely for the State Legislature, the expenditure is borne
completely by the concerned State. If there should arise an occurrence of concurrent elections to
the Parliament and State Legislature, the expenditure is shared similarly between the Union and
the State Governments. For Capital hardware, expenditure identified with groundwork for
discretionary rolls and the plan for Electors' Identity Cards as well, the expenditure is shared
similarly.

5. Role of Election Commission:-

a. Guardian of Free & Fair Elections

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One of the most important features of the democratic polity is elections at regular intervals.
Democracy is the“Government of the people, By the people, And for the people”. Holding
periodic free & fair elections are essentials of democratic system. It is part of basic structure of
the Constitution. It has been held in T. N. Sheshan V/s Union of India[7]. The Commission has
taken many efforts for the success of elections and thereby democracy. So it is regarded as
Guardian of both, democracy & free & fair elections.

b. Model Code of Conduct

The Election Commission is viewed as watchman of free and reasonable elections. In each
election, it gives a Model set of accepted rules for ideological groups and contender to direct
elections in free and reasonable way. The Commission gave its First code in 1971 (fifth Election)
and updated it every once in a while. It set down rules for direct of ideological groups and
competitors during elections. Be that as it may, there are occasions of infringement of code by
the ideological groups and objections are gotten for abuse of authentic apparatus by the
applicants.

The Commission considered dependable to Mr. Narendra Modi and Smt. Sonia Gandhi for
infringement of Model set of accepted rules by offering disputable comments during election
crusade in 2007 Gujarat Assembly surveys.

In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner 4, the Kerala High Court held
that the object of model code of conduct is not to stop all governmental activities but only those
actions which may directly influence a section of electors need to be prevented.The need for such
code is in the interest of free and fair elections. However, the code does not have any specific
statutory basis. It has only a persuasive effect. It contains what, known as “rules of electoral
morality”. But this lack of statutory backing does not prevent the Commission from enforcing it.
It has power to enforce drawing force under Art. 324.

c. Registration of Political Parties

4
AIR 2006 Ker 229

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The party system is an essential feature of the Parliamentary democracy. Law regarding to this
registration process enacted in 1989 and number of parties got registered with Commission. It
helps to avoid confusion and headache of the administrative machinery as well as confusion of
the electorate. It ensures that political parties can practice democracy only by their registration.

d. Limits on Poll Expenses

To get rid of the growing influences and vulgar show of money during elections the Election
Commission has made numerous proposals right now. The Election Commission has fixed as far
as possible on the measure of cash which an applicant can spend during election battles. These
cutoff points have been updated every now and then. The Election Commission by naming
onlookers watches out for the individual record of election expenditure. The challengers are
likewise required to give subtleties of expenditure with 30 days of presentation of results. Be that
as it may, ideological groups don't stick to the money related 'Lakshman Rekha' as immense sum
are spent by parties under the clothing of their supporters.The crusade period was diminished by
the Election Commission from 21 to 14 days for Lok Sabha and Assembly elections; it is for to
trim down election expenditure. The Election Commission's this endeavor to force these
measures has been a move in the privilege direction.[10] Moreover, Election Commission takes
subtleties of his benefits on sworn statement at the hour of submitting designation paper.

In Common Cause: A registered Society v/s. Union of India 5, it was pointed out that, in India
elections are fought on the basis of money. The Court ruled that, purity of election is
fundamental to the democracy and Commission can ask the candidates about the expenditure
incurred by them and political party for this purpose

e. Use of Scientific and Technological Advancements.

The Election Commission attempting to get upgrades election techniques by exploiting Scientific
and Technological Advancements. The presentation of EVM – Electronic Voting Machines is
one of the means toward that path. It was utilized with view to diminishing acts of neglect and

5
(1996) 2 SCC 752

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furthermore improving the proficiency. On trial premise it was right off the bat attempts in the
State of Kerala in 1982 for Legislative Assembly Elections. After fruitful testing and legal asks
the commission took notable choice to feel free to begin utilization of EVMs.

The Election Commission utilizing Information Technology propelled its very own site on 28TH
February, 1998 for example www.eci.gov.in. It assists with giving precise data, the executives,
organization and moment aftereffects of the elections. In 1998, Election Commission made an
intense stride and chose program for 'computerizations' of the discretionary rolls.

To prevent electoral fraud, in 1993 EPICs – Electorals Photo Identity Cards were given. In, 2004
elections it was required to have card. During 2007 Punjab Assembly Elections, Parneet Kaur –
MP from Patiala couldn't make her choice till late evening as she had lost her voter's card. The
Karnataka become the principal State to plan discretionary moves with photos of voters in 2008
elections. The State Election Commission developed the electoral roll management software
called ‘STEERS’.6

f. Multi –Member Election Commission

There was a long standing demand to make the Election Commission a multi member body. The
Ho. Supreme Court in the S. S. Dhanoba v/s.Union of India 7, Held that, Election Commission

6
http://www.mainstreamweekly.net/article1049.html
7
AIR 1991 SC 1745

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entrusted with vital functions and is armed with exclusive and uncontrolled powers to execute
them, it is both, necessary & desirable that, the powers are not exercise by one of individual,
however wise he may be. It also conforms to the tenets of democratic rule.The Constitution
Amendment Act, 1993 made Election Commission to be multi member body. A single member
Election Commission would have no longer unbridled powers. In view of the large size of the
country and the huge electoral the Election Commission also made a proposal for the
appointment of Regional Election Commissioners to different zones to reduce its burden.

g. Checking Criminalization of Politics.

Criminalization of Politics is a grave problem in India. This menance began in Bihar and
gradually spread over the nation. In 20003, a law was introduced to prohibit the election of
criminals to the legislative bodies. However, persons with criminal background continue to hold
seats in Parliament & State Assemblies. This lead to very undesirable and embarrassing situation
when law breakers become law makers.

The Commission has expressed its serious concern over anti - social activities. Commission
made norms and recommendation to the government to curb the menace of criminalization of
politics. They observed that,“All political parties to reach a consensus that, no person with a
criminal background will be given the party ticket”.

The candidates are obliged to submit an affidavit in a prescribed form declaring their criminal
records, including convictions, acquittals charge pending cases. The information so furnished by
the candidates shall be disseminated to the public, and to the print and electronic media.

6. Supporting Staff for Elections :-

What does it take to get 900 million voters to electronic voting machines in 10,35,918 polling
stations across India in under three months?

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Nearly five million polling personnel and police forces, according to the Election Commission of
India’s 2016 annual report. In the 2014 general election, the staff deployed in polling booths
alone numbered 37,31,897, not counting the vast numbers of security and other personnel.

The Election Commission of India, however, has merely 400 officials, the report states. Each of
its state-level representatives, the Chief Electoral Officers, have a few more employees in their
offices.

These staff comprise a fraction of the personnel required during the elections. So, where do the
rest of the polling staff come from?

The majority of polling personnel are temporary staff recruited from virtually every branch of
government. They comprise teachers, engineers, clerks, accountants, administrative and support
staff from across departments including government laboratories and hospitals, security and
police personnel, bus drivers, railway staff, anganwadi workers responsible for early childhood
care as well as primary healthcare workers.8

 District election officer: Usually the district magistrate, a district election officer is in

charge of making arrangements such as identifying polling stations and polling staff in
their district.

 Returning officer: This position is also held by a district magistrate. The returning

officer’s responsibility is to conduct elections in the Parliamentary constituency. They
receive and scrutinise nominations, declare lists of voters and contestants, monitor
violations of the rules and organise counting. Since a district and a parliamentary
constituency are distinct but overlapping geographical entities, there may be multiple
district election officers within one constituency, but only one returning officer.

 Assistant returning officer: Typically a sub-divisional or additional magistrate who

assists the returning officer. The returning officer decides how work is divided between
them.
8
http://www.legalservicesindia.com/article/108/Role-Of-Election-Commission.html

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 Electoral registration officer: Typically an additional or sub-divisional magistrate. They
are responsible for preparing the electoral rolls or voters lists.

 Assistant electoral registration officer: Usually the tehsildar – the local tax officer.
There is one for every Assembly constituency and they assist the electoral registration
officer. In some places, such as Delhi, this post is a permanent one.

 Monitoring code violations: Offices may have a control room with state and central
government staff. They coordinate with teams investigating violations on the ground and
monitor cVIGIL, a mobile application for citizens to report model code violations that
was launched this year.

 Flying surveillance team: The “flying squads” are the first to respond to violations of
the model code of conduct, and investigate them. With an officer deputed as an
“executive magistrate”, three police officers, and a videographer, these mobile units can
also check vehicles and properties on their own initiative. They may inform the municipal
body for further action. Three teams work in shifts round-the-clock in each Assembly
constituency.

 Video-surveillance team: Similar in composition to the flying squad, it goes where

directed. While candidates need permission for meetings and rallies and must disclose
how much they spent to the expenditure monitoring committee, this team independently
gathers evidence of the resources used and reports it to the assistant returning officer.

 Static-surveillance teams: Once again, this includes a mix of officials, police personnel

and a videographer. As the name suggests, this team is stationed in once place.

 Expenditure monitoring committee: Evidence gathered by surveillance teams is

delivered to this committee. Accountants on loan from different government departments
keep track of each candidate’s spending by matching declared expenses on campaign
items against the prices on a rate card.

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  Booth level officers: Typically anganwadi workers, tax and revenue inspectors and
clerical staff, each one is responsible for about 1,200 voters. As grassroots representatives
of the Election Commission, they are “supposed to know each one of them [voters]”, said
an assistant returning officer in Delhi. The booth level officers handle voter registration,
field verification, correcting identity cards, distributing voter slips and voter education.

 Sector officers:  These are Central or state officers in charge of monitoring the
proceedings at 10 to 15 polling stations each. In case of problems, the polling staff
contact them first.

 Security: In sensitive areas, various branches of the Central Armed Police Forces are
deployed. In the 2014 elections, 1,155 companies of these forces and Special Armed
Police were transported by 234 special trains. That year, 75,237 villages were identified
as vulnerable and 218,227 “intimidators” were acted against. In areas where there is little
chance of trouble, the local police and sometimes even home guards, manage the crowds.

 Communication: The Election Commission publicises the mobile phone and landline

numbers of everyone involved. But for booths in areas with uncertain networks, it
organises runners. In 2014, It appointed 381,572 runners as back-up to carry information
between polling stations in case of communication failure

7. Conclusions :-

In a huge nation with delayed, staged elections, least norms of conduct are fundamental for
harmony, freeness and reasonableness of the procedure. To guarantee this, the commission made
a lot of rules known as the Model Code of Conduct, which developed with the agreement of
ideological groups.

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The commission upholds the set of accepted rules directly from the day it declares the election
plan. The code can't, however it conveys incredible good power, which makes it exceptionally
successful. In the event that the commission reproaches a competitor or a lawmaker for rupturing
the set of principles, it can seriously affect their political fortunes by welcoming negative general
sentiment. Abhor discourse, requesting votes for the sake of religion and position, utilizing the
state apparatus for battle purposes by the decision party, among others, are viewed as
infringement of the model code.

Indeed, even without wrong conduct by the election officials, their quality at the surveys could
impact voter conduct if potential voters can recognize the strict or ethnic character of the
authorities. In the event that a group of election officials all relate to a similar gathering, this
homogeneity could intensify the impact of the authorities' personalities.

8. Bibliography :-

 https://scroll.in/article/918524/behind-indias-election-are-five-million-workers-this-
series-brings-you-their-stories
 voter-id/election-commission.html
 V N Shukla‘s Constitution of India

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 https://eci.gov.in/about/about-eci/the-setup-r1/
 https://www.maca.gov.nt.ca/en/services/municipal-elections/roles-and-responsibilities-during-
election

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