ELECTION COMMISSION: POWERS & FUNCTIONS

CONSTITUTIONAL LAW

NAME: DHRUV ABHIJIT BANERJEE

ROLL NO. & DIVISION: 04 & A

COLLEGE NAME: JITENDRA CHAUHAN COLLEGE OF LAW

TEACHER INCHARGE: PROF.SNEHA ANIL KUMAR MA’AM

PROF. SABIHA MA’AM

ACKNOWLEDGMENT

I might want to make a move to offer my thanks to many people without whom it could
never have been feasible for me to finish this undertaking. I might want to thank our
professor in-charge Prof. Sneha Anil Kumar ma’am & Prof. Sabiha ma’am for giving
me this amazing opportunity. They gave me the crucial help and direction view so that I
could finish this undertaking. This assignment helped me in tracking down my abilities
and furthermore upgrade my exploration abilities. I might likewise want to
communicate my earnest gratitude to my principal Dr Priya Shah ma’am for guiding us
in throughout this assignment & also my family, it could never have been conceivable to
complete this assignment without their help and coordination. Finally, I might want to
thank my companions who have propelled me and aided me at each phase of making
this assignment in this restricted time period

Yours sincerely,

Dhruv Banerjee
TABLE OF CONTENTS

SR.NO TOPIC PAGE NO.

1. INTRODUCTION 3

2. CONSTITUTIONAL PROVISIONS 5

3. STRUCTURE OF THE COMMISSION 6

4. POWERS OF ELECTION COMMISSION 7

5.  Administrative Powers 8

 Advisory Powers
 Quasi-Judicial Powers

6. FUNCTIONS OF ELECTION COMMISSION 10

7. CONCLUSION 14

8. BIBLIOGRAPHY 15
Introduction

The Preamble to the Constitution declares India to be a Democratic Republic. Democracy is

the basic feature of the Indian Constitution.

Free and fair elections are foundation of any healthy democracy. Free and fair elections
guarantee the growth of a democratic polity.

India is the second largest nation in terms of population and seventh largest in terms of area
where conducting elections for different positions is a big challenge. India has been
characterised as the biggest democracy in the world because of the colossal nature of the
elections held in the country. In India elections conducted at various levels, Parliament, State
Legislatures, and the offices of the President and Vice President of India. Free and fair
Elections ensures smooth and successful operation of the democracy. 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.

What Is Election Commission?

The Election Commission was established in accordance with the Constitution on

25th January 1950. The Constitution establishes the Election Commission as a body
autonomous in character and insulated from political pressures or executive influence.
The major aim of election commission of India is to define and control the process for
elections conducted at various levels, Parliament, State Legislatures, and the offices of the
President and Vice President of India. In Order to ensure free, fair, and impartial elections,
the Commission functions as a permanent self-governing constitutional body.

Election Commission is an all-India body having jurisdiction over elections of Parliament,

State Legislatures, offices of the President and Vice-President. In order to prevent injustice
being done to any section of the people, it was thought best to have one central permanent
body which would be free from local influences and have control over the entire election
machinery in the country.The election commission is an independent body set up by the
Constitution of India to ensure a free and fair election in the country.The election commission
is an independent body that the Constitution of India set up to ensure a free and fair election.
The election commission of India is in charge of hosting the Lok Sabha elections. The
constitution has vested the election commission to direct, superintendent, and control the
elections of the parliament, state legislature, the President, and the Vice President of India’s
office.

The election commission of India is one body that is common to both the Central
government and the state governments. However, the election commission does not deal with
the elections of municipalities and panchayats in the different states. For these elections, a
separate election commission has been provided by the constitution of India.

The Appointment of the Election Commission of India (ECI)

The election commission of India was established in 1950, and till 1989, it was a one-
member body that consisted of only the Chief Election Commissioner (CEC).

1. The voting age was made 18 years from 21 years, on 16 October 1989. Thus, two new
election commissioners were brought in by the President of India to help with ever-
increasing pressure on the election commission. Since then, the election commission
has consisted of three election commissioners.

2. Later in 1990, the two posts were eliminated. However, the action was repeated in
1993 when the President appointed back the two election commissioners.

3. The three election commissioners execute the same power and emoluments and
salaries as the Supreme Court judge. In case of a difference of time between and
among the election commissioner, the decision is reached by the commission through
a majority vote.

4. The Election Officer can hold his office for 6 years or until they attain the age of 65
years, whichever comes first. However, they can also design or be removed any time
before their expiry.
Constitutional Provisions

Article broadly speaks of powers and functions of Election commission and its composition.
324

Article there shall be one general electoral roll for every territorial constituency for election to either Houses
325 Parliament or State legislature. It establishes equality among citizens by affirming that no person sha
ineligible for inclusion in the electoral roll on the grounds of religion, race, caste, or sex.

Article lays down adult suffrage as the basis of elections to the Lok Sabha and to the Legislative Assemblies
326 States.

Article confers on Parliament the power to make provisions with respect to elections to federal and State
327 Legislatures.

Article confers on State Legislature the power to make laws with respect to elections to such legislature.
328

Article bars interference by courts in electoral matters. Notwithstanding anything said in the constitution i.e.
329 of any law relating to the delimitation of constituencies or the allotment of seats to such constituencie
not be called in question in any court.

Composition of the Election Commission

Article 324 of the Indian constitution has made some provisions regarding the composition of
the election commission. It includes the following –

 The President of India is in charge of appointing the Chief Election Commissioner

and the other election commissioners

 If any other EC is appointed, the CEC serves the role of the election commission’s
Chairman

 The President can appoint regional commissioners to assist the commission as well,
such as a commissioner can be appointed chiefly to look after the Karnataka election
commission
  The President decides the tenure of the office and conditions of service of all the
election commissioners

Structure of The Commission

 Originally the Election Commission had only one election commissioner but after the
Election Commissioner Amendment Act, 1989, it has been made a multi-member
body i.e. one Chief Election Commissioner and two Election Commissioners. All
Election Commissioners have equal say in the decision making of the Commission.
In S.S. Dhanoa v. Union of India1 , the Supreme court held that the chief election
commissioner does not appear to be primus inter pares, i.e. first among equals, but he
is intended to be placed in a distinctly higher position.
 Each of them receives equal status and salary as available to a Judge of the Supreme
court of India.
 They have a fixed tenure of six years, or up to the age of 65 years, whichever is
earlier.
 The secretariat of the commission is located in New Delhi.
 The President appoints Chief Election Commissioner and Election Commissioners.
 The Chief Election Commissioner can be removed from office only through a process
of removal similar to that of a Supreme Court judge for by Parliament.
 The Election Commissioner can only be removed from office by the Chief Election
Commissioner.

Elections in India are generally extravagant affairs and are widely seen as a celebration of
democracy. Free and fair elections are essentials of a democratic system and a part of the
basic structure of the Constitution. The Election Commission is regarded as the guardian of
elections in the country. It is one of the fewest autonomous constitutional body responsible
1
1991 AIR 1745
for administering election processes in India at national and state. Part XV of the constitution
gives power and functions to Election Commission regarding the elections in the country.
The Election Commission operates under the authority of Constitution per Article 324 and
subsequently enacted Representation of the People Act,1951

Election Commission Powers

The powers of the Election Commission are defined in the following articles of the Indian
Constitution:

 Article 324: Superintendence, control and direction of national and state-level

elections are to be directly handled by the ECI

 Article 325: Inclusion and exclusion of names in electoral rolls are based on Indian
Citizenship. No citizen of India above the voting age should be excluded from the
rolls or included in a special electoral roll based on any criteria such as race, caste,
religion or sex.

 Article 326: Defines universal adult franchise as the basis for elections to all levels of
the elected government.

 Article 327: Defines responsibilities of the ECI and parliament for the conduct of
national elections.

 Article 328: Defines the role and responsibilities of the state legislatures with respect
to state-level elections.

 Article 329: Prohibits court interference in matters related to elections unless

specifically asked to provide their views.

The Election Commission of India is a permanent constitutional body.

1. The constitution has given the election commission the power to direct and control the
entire conduct of elections in the country.

2. The commission looks after the elections to the offices of the President and the Vice-
President, state legislators, and the parliament. It can be divided into three categories
– Administrative, advisory, and quasi-judicial.
 3. The election commission advises the President on whether elections should be held in
a state currently undergoing the President’s rule.

The powers vested on the election commission include, but are not limited to, the following –

1. To choose the territorial areas of the electoral constituency throughout the country,
based on the Delimitation Commission Act of the Parliament.

2. To prepare and revise the electoral rolls and register all eligible voters.

3. To decide the schedule and date for the election and scrutinise the nomination papers.

4. To recognise the different political parties and allocate their election symbols to them.

5. The election commission acts as a court to end all the disputes that concern the
granting of recognition to political parties and assigns them election symbols.

6. Appoint officials to look into disputes that may concern electoral arrangements.

7. Create a program that shall publicise the policies regarding all political parties on
different media platforms, such as the TV and radio, during the elections.

8. Advise the President on matters that may concern the disqualification of MPs, and
advise the Governor on issues that may involve the disqualification of MLAs.

9. The election commission can cancel polls in cases such as booth capturing, rigging,
violence, etc.

The powers of the Election Commission can be studied under three headings :

 Administrative Powers

 Advisory Powers

 Quasi-Judicial Powers

Let us discuss each of them one by one.

Administrative Powers of the Election Commission

  The commission has been empowered to function in accordance with the Delimitation
Commission Act and define the territorial boundaries of electoral constituencies for
different elections.

 It has been given powers to register and deregister any political party or entity.

 It is empowered to enforce the ‘Model Code of Conduct’ for election campaigns and
ensures its implementation.

 It is empowered to keep a check on the election expenses of the political parties. This
ensures a level playing field for all the political parties irrespective of their size and
thus the capacity to spend.

 It has the power to appoint officers as election observers and expenditure observers
from different departments of the Civil Services.

One may also read about:

Advisory Powers of the Election Commission

 The Commission is empowered to advise the President of India regarding

disqualification of the members of Parliament and the conditions for the same.

 The Commission also advises the Governors with respect to the disqualifications of
members of the State Legislatures

 It advises the High Courts and Supreme Court in matters related to post-election
disputes between candidates and political parties.

Note: The post-election disputes related to the election of President and Vice President go to
the Supreme Court. Disputes regarding the Parliament and the State Legislatures are referred
to the High Courts.

Election Commission Quasi-Judicial Powers

 The Election Commission is empowered to settle disputes regarding recognition

granted to political parties and candidates.
  It has the powers to act as a court for matters related to disputes arising out of the
allotment of election symbols to political parties and candidates. No two election
symbols are the same, even in different regions.

 It must be noted that the elections with respect to the election of Panchayats and
Municipalities are carried out under the supervision of the State Election Commission.
The State Election Commissions are in turn advised by the ECI and are answerable to
it.

The ECI is one of the few constitutional authorities which have the freedom to operate
autonomously. Other such bodies are the Comptroller and Auditor General (CAG) of India’s
Office, Higher judiciary such as the High Courts and Supreme Court and the Union Public
Service Commission. It is an important part of Public Administration as well as General
Studies. The commission is also a very important institution covered by Indian Polity and
IAS aspirants should stay abreast of the latest developments related to it

Functions

One of the most important features of the democratic policy in India is elections at regular
intervals. Holding periodic, free and fair elections are essentials of a democratic system and a
part of the basic structure of the Constitution. The Election Commission is regarded as the
guardian of elections in the country. In every election, it issues a Model Code of Conduct for
political parties and candidates to conduct elections in a free and fair manner. The
commission issued the Code of Conduct for the first time in 1971 for the 5th Lok Sabha
elections and has revised it from time to time. It lays down guidelines for the conduct of
political parties and candidates during an election period. However, there have been instances
of violation of the code by various political parties with complaints being received for misuse
of official machinery by the candidates. The code does not have any specific statutory basis
but only a persuasive effect. It contains the rules of electoral morality. However, this lack of
statutory backing does not prevent the commission from enforcing it.

A law for the registration process for political parties was enacted in 1989 and a number of
parties got registered with the commission. The registration helps avoid confusion and
ensures that the political parties are brought under the purview of the commission.

The election commission has the right to allow symbols to the political parties. It gives
recognition to the national parties, state parties and regional parties. It sets limits on poll
expenses. The commission prepare electoral rolls and update the voter's list from time to
time. Notifications of dates and schedules of election for filing nominations are issued by the
commission. It is noteworthy that Election commission cannot allot same symbol to two
regional political parties even if they are not in the same state.

The commission is empowered with prohibiting dissemination or publication of voting trends

that seek to influence voters by opinion polls or exit polls.

To curb the growing influence of money during elections, the Election Commission has made
many suggestions and changes in this regard. The commission has appointed IRS officers of
the Income Tax Department as Election Observers (Expenditure) of all elections and has
fixed the legal limits on the amount of money which a candidate can spend during election
campaigns. These limits have been revised over time. The Election Commission, by
appointing expenditure observers from the Indian Revenue Service, keeps an eye on the
individual account of election expenditure. The commission takes details of the candidate's
assets on affidavit at the time of submitting nomination paper, who are also required to give
details of their expenditure within 30 days of the declaration of results. The campaign period
has also been reduced by the commission from 21 to 14 days for Lok Sabha and Assembly
elections to cut down election expenditure.
In an attempt to decriminalise politics, the Election Commission has approached the Supreme
Court to put a lifetime ban on convicted politicians from contesting elections.

The functions of the election commission include, but are not limited to, the following –

1. The commission looks after the elections to the offices of the President and the Vice-
President, state legislators, and the parliament.

2. Scheduling the election timings to hold periodic and timely elections for general and
by-elections.

3. Deciding the spot of the polling stations, assigning voters to their polling stations, a
spot for counting centres, and making arrangements in the polling stations and
counting centres and other related matters.

4. To issue the Electronic Photo Identity Card (EPIC) and create the electoral roll.

Voter Id

In an effort to prevent electoral fraud, in 1993, EPICs or Electors Photo Identity Cards were
issued, which became mandatory by the 2004 elections. However ration cards have been
allowed for election purposes in certain situations.

RONET

Software mobile application, developed for Election Commission of India, by 01 Synergy,

which makes the voting process less cumbersome and ensure that the general public is aware
of the candidates in an election. The RONet suite of web and mobile applications is for all
stakeholders involved in the election process. This would help them monitor the assigned
tasks at all levels for the smooth conduct of elections.

ECI360
ECI 360 mobile application was developed for the general public — which comprises signed
and sworn affidavits of the contesting candidates, a list of rejected candidates, the final list of
candidates, pickup requests for voters with disability, queue status (people waiting in line to
cast votes), real-time poll booth-wise polling percentage, grievance redressal, and the
results.The candidate app of ECI360 allows them to request permissions for rallies and is also
mapped with redressal systems, which ensures that all the issues are sorted at the earliest.”

Conclusion
The election commission of India is in charge of handling almost every duty that will ensure
a free and fair election in the country. Today, the election commission has become the
backbone of true democracy. It looks after the elections to the offices of the President and the
Vice-President, state legislators, and the parliament.

Bibliography

 Websites
 https://unacademy.com/content/karnataka-psc/study material/polity/election-
commission/
https://en.wikipedia.org

 https://byjus.com/free-ias-prep/powers-of-the-election-commission/