DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY
VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

ELECTION COMMISSION OF INDIA

SUBJECT

CONSTITUTIONAL LAW II

NAME OF THE FACULTY

A. NAGESWARARA RAO

NAME OF THE CANDIDATE

L. SAI RADHA KRISHNA

ROLL NO.

2016055

SEMESTER

IV
 1. INTRODUCTION

The Election Commission of India is an autonomous constitutional authority responsible for

administering election processes in India. The body administers elections to
the LokSabha, RajyaSabha, state Legislative Assemblies in India, and the offices of
the President and Vice President in the country.1 The Election Commission operates under
the authority of Constitution per Article 324.2 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. The commission is known
for upholding the principle of free and fair elections as mentioned in the Constitution.

2. HISTORY & DEVELOPMENT OF ELECTION COMMISSION

The Election Commission was established on 25th January 1950 with an objective of
supervising all elections to the Parliament of India, state legislatures and to the office of the
President and the Vice-President of India. In the first few decades of its existence, the
commission was led by a Chief Election Commissioner (CEC). Sukumar Sen was the first
CEC of India.

Much later in 1989, two additional commissioners were appointed to the commission for the
first time. However, they remained in office for a brief period. With the enactment of The
Election Commissioner Amendment Act (1993), the poll commission became a multi-
member body. The concept of multi-member Commission became operational once again
after two additional Election Commissioners were appointed.

One of the major developments brought about by the poll panel was the introduction of EVM
(Electronic Voting Machines). The concept behind this initiative was to reduce malpractices
and bring in more transparency in electoral process. Electoral Photo Identity Cards (EPICs)
were issued for the first time in 1993 in a bid to ensure transparency. The Commission came

1
"The Presidential and Vice-Presidential Elections Act, 1952 (Act No. 31 of 1952)
2
"Part XV of the Constitution of India - Elections - Article 324
 up with its website in 1998 and in the same year it took the call of computerising electoral
rolls.

3. COMPOSITION OF ELECTION COMMISSION

The Election Commission comprises a Chief Election Commissioner and two Election
Commissioners. According to Article 324 of the Indian Constitution, the President appoints
the Chief Election Commissioner and “such other Commissioners” as he may from time to
time fix. The CEC and other Election Commissioners are appointed for a period of six years,
or up to the age of 65 years. When an Election Commissioner is appointed, the CEC acts as
the Chairman of the Commission.

Chief Election Commissioner can be removed from his office on the grounds of misconduct
or incapacity if the two-third members in both houses of the Parliament give their consent to
the decision. The President can remove other Election Commissioners if it is being
recommended by the CEC. Prior to the general elections or state elections, the President may
also appoint Regional Commissioners to assist the Election Commission in performing its
duties.

The Secretariat, which comprises about 300 officials, helps the Commission perform its
executive functions. The secretariat is headed by two deputy election commissioners, who are
selected by the Commission from the national civil service. On a state level, it’s the chief
electoral officer (CEO) who supervises the election work. The Commission selects the
electoral officer from senior civil servants recommended by the state government.

4. FUNCTIONS & POWERS OF ELECTION COMMISSION

The main functions of the Election Commission are as follows:

 The Election Commission of India is considered the custodian of free and fair elections.
 It issues the Model Code of Conduct in every election for political parties and candidates so
that the dignity of democracy is maintained.
 It regulates political parties and registers them for being eligible to contest elections.
 It publishes the allowed limits of campaign expenditure per candidate to all the political
parties, and also monitors the same.
 The political parties must submit their annual reports to the ECI for getting tax benefit on
contributions.
 It ensures that all the political parties regularly submit their audited financial reports.
Some of the powers wielded by the Election Commission are as follows:
 The Commission can suppress the results of opinion polls if it deems such an action fit for the
cause of democracy.
 The Commission can advise for disqualification of members after the elections if it thinks
they have violated certain guidelines.
 In case, a candidate is found guilty of corrupt practices during the elections, the Supreme
Court and High Courts consult the Commission.
 The Commission can suspend candidates who fail to submit their election expense accounts
timely.
In order to bring down the election expenses, the Commission reduced the campaign period
by a week from 21 to 14 days for both Lok Sabha and Assembly elections. Moreover, it is
incumbent upon the Commission to prohibit publication and dissemination of results of
opinion polls. All these functions are in addition to the fundamental roles including
preparation of electoral rolls and announcement of election dates.

5. MODERN INITIATIVE BY ELECTION COMMISSION

In order to bring about various improvements and reforms in the election procedure,
the ECI has taken numerous steps. Some of them are as follows:

 Electronic Voting Machines (EVMs) were introduced to improve reliability and

efficiency. With the help of EVMs, chances of any discrepancies in terms of counting
of ballots are almost nil. Moreover, the introduction of technology has just made a
quick verdict possible as it just takes three to four days to declare the results.

 The website of the ECI was launched on February 28, 1998 to provide accurate
information and instant results of the elections.

 Electoral Photo Identity Cards (EPICs) were issued in 1993 to prevent electoral fraud.
From the 2004 elections, these were made mandatory.

A few more initiatives taken in recent years by the ECI are:

 New guidelines for broadcasting on State-owned electronic media.

 Inspection of instances of criminalisation in politics.

  Computerised electoral rolls.

 Simplification of account maintenance and filing.

 Measures for better enforcement of the Model Code of Conduct.

 An additional Model Code of Conduct, applicable only to news media, is yet to be

formulated to ensure free, fair and unbiased media coverage of elections in India.

In 2014, None of the above or NOTA was also added as an option on the voting machines
which is now a mandatory option to be provided in any election.3 The specific symbol for
NOTA, a ballot paper with a black cross across it, was introduced on 18 September 2015.
The symbol has been designed by National Institute of Design, Ahmadabad.4 With the Bihar
Legislative Assembly election, 2015, the state became the first to have photo electoral rolls,
with photographs of the candidates on the EVMs.

6. MODEL CODE OF CONDUCT OF ELECTION COMMISSION

Election Commission of India's Model Code of Conduct is a set of guidelines issued by

the Election Commission of India for conduct of political parties and candidates
during elections mainly with respect to speeches, polling day, polling booths, election
manifestos, processions and general conduct. These set of norms has been evolved with the
consensus of political parties who have consented to abide by the principles embodied in the
said code in its letter and spirit.The Model Code of Conduct comes into force immediately on
announcement of the election schedule by the commission for the need of ensuring free and
fair elections.[1]Much of it is designed to avert communal clashes and corrupt practices. For
example, politicians should not make hate speeches, putting one community against another
or make promises about new projects that may sway a voter.

For the 2014 general election the code came into force on 5 March 2014 when the
Commission announced the dates and remains in force till the end of the electoral process.

"The Model Code of Conduct is crucial to make sure a level playing field among various
contenders in the poll fray," said the Chief Election Commissioner V.S. Sampath at the press
conference

3
Joshua, Anita (13 October 2013). "Election Commission okays NOTA option". The Hindu.
4
Jain, Bharti (18 September 2015). "'None of the Above' option on EVMS to carry its own symbol from Bihar
polls". The Times of India.
The main points of the code are:

1. Government bodies are not to participate in any new recruitment process during the
electoral process.
2. The contesting candidates and the campaigners must respect the home life of their
rivals and should not disturb them by holding road shows or demonstrations in front
of their houses. The code tells the candidates to keep it.
3. The election campaign rallies and road shows must not hinder the road traffic.
4. Candidates are asked to refrain from distributing liquor to voters. It is a widely known
fact in India that during election campaigning, liquor may be distributed to the voters.
5. The election code in force hinders the government or running party leaders from
launching new welfare programmes like construction of roads, provision of drinking
water facilities etc. or any ribbon-cutting ceremonies.
6. The code instructs that public spaces like meeting grounds, helipads, government
guest houses and bungalows should be equally shared among the contesting
candidates. These public spaces should not be monopolised by a few candidates.
7. Any candidate or political party shall not use any place of worship for election
propaganda.