Equal powers & pay
The CEC and the two other Election Commissioners have equal powers and receive equal salary, allowances and other perquisites, similar to those of a Supreme Court judge.
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The Election Commission& Free and Fair Elections
How the Election Commission is built and kept independent, what it can do under Article 324, what makes an election free and fair, why the voter ID card matters, and how the bureaucracy runs the world’s largest election.
MandateArticle 324Superintendence & controlOf elections to Parliament, legislatures, President & VP.
Composition3 membersMulti-member since 1993A CEC and two Election Commissioners.
Tenure6 yrs / 65Term of officeWhichever is earlier.
EPIC1993Electoral Identity CardIntroduced under CEC T.N. Seshan.
Powers3 rolesAdministrative · Advisory · Quasi-judicialHow the EC’s functions are classified.
Machinery6 kindsElection observersGeneral, expenditure, police, awareness, micro…
Article 324
The Election Commission of India
The Election Commission of India is a permanent and independent body under Article 324. It is an all-India body, in the sense that it is common to both the Central government and the state governments.
Article 324 · the mandate
Article 324 vests in the Election Commission the power of superintendence, direction and control of elections to Parliament, the state legislatures, and the offices of the President and the Vice-President of India.
ParliamentState legislaturesPresidentVice-President
The Election Commission of India is considered among the most powerful election commissions in the world.
Appointment and composition
Appointment and composition — the provisions under Article 324:
- 1The Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), if any, as the President may fix from time to time.
- 2The CEC and the other ECs are appointed by the President.
- 3When any other Election Commissioner is appointed, the CEC acts as the chairman of the Commission.
- 4After consulting the Election Commission, the President may also appoint such regional commissioners as he considers necessary to assist it.
- 5The conditions of service and tenure of office of the Election Commissioners and regional commissioners are determined by the President.
From one member to three
- 1950 – 15 Oct 1989
Functioned as a single-member body consisting only of the Chief Election Commissioner.
- 16 Oct 1989
The President appointed two more Election Commissioners to cope with the extra work caused by lowering the voting age from 21 to 18 years.
Example: The voting age was lowered by the 61st Constitutional Amendment Act, 1988.
- Jan 1990
The two posts of Election Commissioners were abolished, and the Commission went back to its earlier single-member form.
- Oct 1993
The President again appointed two more Election Commissioners. Since then it has functioned as a multi-member body of three election commissioners.
Independence & service conditions
How Independent Is the Election Commission?
In India, elections are conducted by an independent and very powerful Election Commission. It enjoys the same kind of independence that the judiciary enjoys.
The Chief Election Commissioner
- The CEC is appointed by the President of India. But once appointed, the CEC is not answerable to the President or the government.
- Even if the ruling party or the government dislikes what the Commission does, it is virtually impossible for it to remove the CEC.
Safeguards in Article 324
Article 324 makes these provisions to safeguard the independent and impartial functioning of the Commission:
Security of tenure
The Chief Election Commissioner has security of tenure — the same as a Supreme Court judge.
Protection for other ECs
The other Election Commissioners cannot be removed except on the recommendation of the CEC.
Service conditions
Decided by majority
If the CEC and/or the two other ECs differ, the Commission decides the matter by majority.
Term
They hold office for six years or until they reach 65 years of age, whichever is earlier. They can resign at any time, or be removed before their term ends.
Some flaws
No qualificationsThe qualifications of the members of the Commission are not prescribed.
Term not specifiedThe term of the members of the Election Commission is not specified.
Post-retirement jobsRetiring Election Commissioners are not barred from any further appointment.
Not chargedIts expenses are not charged on the Consolidated Fund of India.
Superintendence, direction & control
Powers and Functions of the Election Commission
The EC takes decisions on every aspect of the conduct and control of elections — from the announcement of elections to the declaration of results.
The legal basis
Art 324 · 327 · 328- ‘Superintendence, direction and control’ have been held to be of wide amplitude: they include the power to make all necessary provisions for the smooth conduct of elections, subject to any law made by Parliament under Articles 327 and 328.
- The Supreme Court has held that this power is in the nature of a residuary power — to deal with any situation not covered by a law of Parliament.
- The Commission’s powers under Article 324(1) are supplemented by the Representation of the People Act, 1950, the Representation of the People Act, 1951, the Presidential and Vice-Presidential Elections Act, 1952, and the rules and orders made under them.
Administrative functions
Running the machinery of elections across the country.
- Determining the territorial areas of electoral constituencies throughout the country, on the basis of Parliament’s Delimitation Commission Act.
- Preparing and periodically revising electoral rolls and registering all eligible voters. It issues the Electronic Photo Identity Card (EPIC).
- Notifying the dates and schedules of elections and scrutinising nomination papers.
- Granting recognition to political parties and allotting election symbols to them.
- Deciding the location of polling stations, assigning voters to polling stations, locating counting centres, and arranging everything in and around polling stations and counting centres.
- Supervising the machinery of elections throughout the country to ensure free and fair elections.
- Registering political parties for elections and granting them national or state party status on the basis of their poll performance.
- When on election duty, government officers work under the control of the EC, not the government.
- Setting limits on campaign expenditure per candidate for all political parties, and monitoring them.
Part of the basic structure
What Makes an Election Free and Fair?
Free and fair elections are the hallmark of a working democracy. The Supreme Court has held in earlier judgments that the principle of free and fair elections is part of the basic structure of the Constitution.
For democracy and the electoral process to succeed, elections must be free and fair. A free and fair election means:
Free to contest
Every aspiring candidate must have unfettered freedom to offer himself as a candidate and to campaign in his own way, so long as he stays within the law.
Free to vote
Every voter must be equally free to vote as he likes, without fear of any consequences and without being unduly influenced by improper inducement or pressure of any kind.
Secret ballot
The secrecy of the voter’s choice or preference for any candidate must be maintained.
Honest machinery
The election machinery must function honestly and impartially at every stage.
In India, these conditions are ensured through constitutional provisions, statutory laws and regulations, such as:
Representation of the People Act, 1951Conduct of Election RulesAn independent judiciaryAn independent Election Commission
Guardian of the ballot
The Election Commission’s Role in Free and Fair Elections
From the Model Code of Conduct to repolls, the Commission uses 20 kinds of tools to keep elections free and fair. They fall into six groups.
Ensures free and fair elections by enforcing and maintaining a Model Code of Conduct before elections, and punishes any candidate or party that violates it.
It has gone as far as disciplining political parties with the threat of de-recognition if they fail to maintain inner-party democracy.
Under the RPA, the Commission can disqualify a candidate who fails to lodge an account of his election expenses within the time and in the manner prescribed by law.
Example: This power is under Section 10A of the Representation of the People Act, 1951.
To decriminalise politics, it has approached the Supreme Court for a lifetime ban on convicted politicians contesting elections.
It prohibits the dissemination or publication of voting trends, through opinion polls or exit polls, that seek to influence voters.
Wide jurisdiction
The jurisdiction of the Election Commission is wide enough to include all powers necessary for the smooth conduct of elections. The word ‘elections’ is used in a wide sense, covering the entire process, which has several stages and many steps.
The limit
The limitation on the plenary character of its power: when Parliament or a state legislature has made a valid law relating to elections, the Commission must act in conformity with it.
When the law is silent
But if the law is silent on any situation, Article 324 gives the Election Commission all the power needed to hold free and fair elections.
EPIC · since 1993
What Purpose Does the Electoral Identity Card Serve?
One card, many jobs: keeping the rolls clean, stopping impersonation at the booth, and doubling as everyday proof of identity.
Introduced 1993 · CEC T.N. Seshan
The Electoral Identity Card was first introduced in 1993, during the tenure of Chief Election Commissioner T.N. Seshan. It is an identity document issued by the Election Commission of India to adult domiciles of India who have reached the age of 18, and it primarily serves as identity proof for Indian citizens while casting their ballot.
Accurate rolls
Its primary purpose is to improve the accuracy of the electoral roll and help prevent electoral fraud.
Proof at the booth
It also serves as identification proof when individuals cast their vote.
No impersonation
The government has tried to give this card to every person on the voters’ list. Voters are required to carry it when they go to vote, so that no one can vote in someone else’s name.
General ID
It also serves as general proof of identity, address and age for other purposes, such as buying a mobile SIM card or applying for a passport.
Not compulsoryThe card is not yet compulsory for voting. Voters can show many other proofs of identity, such as a ration card or a driving licence.
Fake cardsFake voter ID cards are a problem — occasionally used fraudulently for other purposes by dubious parties and individuals to suit their personal needs.
Bureaucracy under the EC’s guidance
The Machinery: How Bureaucrats Run the Elections
The bureaucracy is the administrative machinery staffed by non-elected, permanent executives — trained and skilled officers who, as permanent government employees, assist ministers in formulating policies and implementing them.
Today the Indian bureaucracy is an enormously complex system: the All-India Services, state services, employees of local governments, and the technical and managerial staff running public sector undertakings.
Under Article 324, the Election Commission has the power of superintendence, direction and control of elections. The ECI is a three-member body, and generally top bureaucrats are appointed as Election Commissioners.
The chain of command
Election Commission of India
State / UT
Chief Electoral Officer (CEO)
RoleSupervises election work in the state or UT, subject to the overall superintendence, direction and control of the Election Commission.
Who appointsThe ECI nominates or designates an officer of the state / UT government as CEO, in consultation with that government.
District
District Election Officer (DEO)
RoleSupervises election work in a district, subject to the superintendence, direction and control of the CEO.
Who appointsThe ECI nominates or designates a state government officer as DEO, in consultation with the state government. Generally, the Collector acts as the district election / returning officer.
Constituency
Returning Officer (RO)
RoleResponsible for conducting the election in a parliamentary or assembly constituency.
Who appointsThe ECI nominates or designates an officer of the government or a local authority as RO for each constituency, in consultation with the state / UT. It also appoints one or more Assistant Returning Officers to help the RO.
Constituency
Electoral Registration Officer (ERO)
RoleResponsible for preparing the electoral rolls for a parliamentary / assembly constituency.
Who appointsThe ECI, in consultation with the state / UT government, appoints an officer of the government or local authority as ERO. It also appoints one or more Assistant EROs to help prepare and revise the rolls.
Polling station
Presiding Officer & Polling Officers
RoleThe Presiding Officer, assisted by polling officers, conducts the poll at a polling station.
Who appointsThe DEO appoints the Presiding Officers and Polling Officers. In Union Territories, the Returning Officers make these appointments.
The Commission’s observers
6 kindsThe ECI also nominates government officers as Observers for parliamentary and assembly constituencies:
General Observers
Ensure the smooth conduct of elections, keeping a close watch on every stage of the process to ensure free and fair elections.
Expenditure Observers
Keep a close watch on candidates’ election expenditure and ensure no inducement is offered to electors during the entire election process.
Police Observers
IPS officers deployed at state and district levels, depending on the sensitivity of the constituency.
- They monitor force deployment and law and order, and coordinate between the civil and police administration to ensure free and fair elections.
Awareness Observers
First deployed in the 16th Lok Sabha elections (2014) as Central Awareness Observers, to oversee field-level management mainly in voter awareness and facilitation.
- They observe the interventions made by the election machinery to bridge gaps in people’s participation, especially voter turnout.
- They also monitor media-related aspects of the RP Act, 1951, and the district-level mechanism directed by the Commission to check ‘Paid News’.
Micro Observers
Deployed in addition to General Observers, to watch the poll proceedings on poll day in selected critical polling stations. They are chosen from Central Government / Central PSU officials.
- They verify the BMF (Basic Minimum Facilities) at polling stations and certify them before polling starts.
- They watch the proceedings from the mock poll to the end of polling and the sealing of EVMs and documents, to ensure the polling parties and the polling agents follow all the Commission’s instructions.
- They report directly to the General Observers about any vitiation of the poll in their allotted polling stations.
Assistant Expenditure Observers
Appointed for each assembly segment, in addition to Expenditure Observers, to ensure all major campaign events are videographed and complaints of electoral malpractice are promptly attended to.
So almost all the top positions in the election machinery are manned by the bureaucracy. To ensure their impartiality and non-partisanship, the Election Commission has been given control over the bureaucracy during the election period.
The criticism
Some experts point out that an excessive role for the bureaucracy goes in favour of the ruling party, which can manipulate the election by securing the support of bureaucrats.
The record
- However, the Supreme Court has stated that the current electoral system has managed to conduct free and fair elections in India since independence.
- Worldwide, India is known for the largest democratic exercise in the world, with results reflecting the general mood of the people. Hillary Clinton, former American First Lady, once called the Indian democratic process a ‘golden standard’.
The verdict
Thus, despite several allegations, the bureaucracy manning the election machinery has performed fairly well in conducting free and fair elections — well symbolised by former Chief Election Commissioner T.N. Seshan, who was a retired IAS officer.
Example: T.N. Seshan was CEC from 1990 to 1996 and is remembered for strictly enforcing the Model Code of Conduct.
Exam preparation
BPSC Mains Previous Year Questions
Every question this page prepares you for, with the parts that answer it.
Q1BPSC (2012)
Examine the power and working of the Election Commission of India and its role in free and fair election.
Q2BPSC (2019)
Critically examine the role of the Election Commission of India in the conduct of free and fair election. What purpose does the Electoral Identity Card serve in this regard?
Q3BPSC (2005)
Discuss the role of bureaucracy in conducting free and fair elections under the guidance of the Election Commission of India.
Q4BPSC (2002)
Comment on ‘Election Commission of India’.
“Free and fair elections are the hallmark of a working democracy.”
Curated for BPSC, UPSC & State PCS Civil Services Aspirants | Indian Polity Master Module