A Project on

“Powers and Functions of Election Commission of India”

SUBMITTED TO: - Dr. Faizan-ur-Rehman

FACULTY, Election Laws

SUBMITTED BY: Humanyu Kabeer

Roll Number: 17BLWS121
B.A. L.LB. (Self-Finance)
SEMESTER VIII
BATCH 2017-22

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Contents

1. Introduction

2. Powers of Election Commission

2.1. Appointment & Tenure of Commissioners

2.2. Advisory Jurisdiction & Quasi-Judicial Powers

2.3. Administrative Powers

3. Functions of Election Commission

4. Constitutional Provisions

5. Conclusion

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Introduction

The Election Commission of India, is a constitutional body responsible for administering

elections in India according to the rules and regulations mentioned in the Constitution of
India.
It was established on January 25, 1950. 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. It can be said that
the Election Commission of India ensures smooth and successful operation of the democracy.
Part XV of The Constitution deals with Elections. Article 324 talks about Superintendence,
direction and control of elections to be vested in an Election Commission.

According to Article 324 of Indian Constitution, the Election Commission of India has
superintendence, direction, and control of the entire process for conduct of elections to
Parliament and Legislature (state legislative assembly & state legislative council) of every
State and to the offices of President and Vice-President of India.
Article 325 and 326 provide Universal Adult Suffrage i.e., all citizens (above 18 years of age)
have the right to vote without discriminating on grounds of religion, race, caste or sex. This
means that if a citizen of India has attained the age of 18years he cannot be barred from
voting only because he follows particular religion or belongs to particular caste, race or is of
particular gender.
It was established on January 25, 1950. 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. It can be said that
the Election Commission of India ensures smooth and successful operation of the democracy.

Powers of Election Commission of India

Appointment & Tenure of Commissioners

The President has the power to select Chief Election Commissioner and Election
Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is
earlier.

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They have the same status and receive pay and perks as available to Judges of the Supreme
Court of India. The Chief Election Commissioner can be removed from office only through
accusation by Parliament. Election commissioner or a regional commissioner shall not be
removed from office except on the recommendation of the Chief Election Commissioner.

Advisory Jurisdiction & Quasi-Judicial Powers

The Election Commission of India has been vested with this power in the cases where if a
person is found to be guilty of any corrupt practices during an election either by a High Court
in an election petition or by the Supreme Court in an election appeal, the President of India
decides whether such a person should be disqualified for contesting elections in the future or
not and, if so, for what time period. Before taking a decision on the occurrence of such a
scenario, the President of India requests to obtain the opinion of the Election Commission
and may act according to such opinion as per the situation.

The Commission has the power to prohibit a candidate who has failed to lodge an account of
his election expenses within the time and in the manner set by law.
The Commission has also the power Under the Constitution, the Commission also has
advisory jurisdiction in the matter of post-election ineligibility of sitting members of
Parliament and State Legislatures.

Additionally, the cases of persons found guilty of dishonest practices at elections which come
before the Supreme Court and High Courts are also referred to the Commission for its
opinion on the question as to whether such person shall be disqualified and, if so, for what
period. The judgment of the Commission in all such matters is binding on the President or, as
the case may be, the Governor to whom such opinion is tendered to remove or reduce the
period of such disqualification as also other disqualification under the law.

Administrative Powers

The most noteworthy attribute of the Election Commission is its Powers and Functions. It is
the superior most body for the management of the election process of the center, state,

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president, and vice president. In Mohinder Singh Gill v. Chief Election Commissioner1,
Hon’ble Supreme Court held that the powers of the Election Commission stated in article 324
are “essentially administrative and marginally even judicative or Legislative”.

To decide the territorial areas of the electoral constituencies throughout the country on the
basis of the Delimitation Commission Act of Parliament.
To organize and periodically amend electoral rolls and to register all qualified voters. To
inform the dates & schedules of election and to scrutinize the nomination papers. To grant
recognition to political parties & allot election symbols to them.
To act as a court for settling disputes related to granting of recognition to political parties and
allotment of election symbol to them.
Article 103 and 192 of the Indian Constitution governs such disqualification of the sitting
members of the parliament and the state respectively. Therefore, election commission also
acts as a quasi-judicial body. It must be noted that the decision comes from the president but
the same has to be taken by the commission itself.2
In Digvijay Mote v. Union of India, Supreme court held recognized the powers of the election
commission of India stated under article 324 and said that if the due to instability in the state
Election commission has the power to reschedule or delay the election in that state and such
power comes under the judicial review so that it cannot be misused.3

ECI appoints the following-

 Chief Electoral Officer– ECI in consultation with State Government/Union Territory
Administration nominates or designates an Officer of the said State/UT as the Chief
Electoral Officer to supervise the election work in the State/UT
 District Election Officer– ECI in consultation with the State Government/ Union
Territory Administration designates an officer of the said State/UT as the District
Election Officer to supervise the election work of a district
 Returning Officer– ECI in consultation with State Government/Union Territory
Administration nominates or designates an officer of the Government or a local
authority as the Returning Officer for each assembly and parliamentary constituency.
Returning Officer is responsible for the conduct of elections in the parliamentary or

1
1978 AIR 851.
2
3
(1993) 4 SCC 175.

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 assembly constituency and may be assisted by one or more Assistant Returning
Officers (again appointed by ECI) in the performance of his functions
 Electoral Registration Officer– ECI appoints the officer of State or local government
as Electoral Registration Officer for the preparation of Electoral rolls for a
parliamentary/ assembly constituency

Functions of Election Commission of India

(i) Demarcation of Constituencies:

• To facilitate the process of elections, a country has to be divided into several
constituencies.
• The task of delimiting the constituencies is generally performed by a
Delimitation Commission. But the power to delimit parliamentary and Assembly
constituencies for the first general elections in 1951 was conferred on the
President.
• The President’s delimitation order was to be released on the advice of the
Election Commission which also consulted Parliamentary Advisory Committees
set by the Speaker of Parliament and the Speaker of the respective legislative
Assembly to which the delimitation proposal pertained
• The Election Commission distributed the seats district-wise in each one of the
States and directed the Chief Electoral Officers to prepare proposals for the
physical demarcation of Constituencies according to the prescribed criteria. As on
outcome of the recommendation of the Election Commission the Parliament
enacted the Delimitation Act, 1952.
• The Delimitation Commission was to consist of three members, two of whom
were the nominated by the President from serving or retired judges of the
Supreme Court or High Courts while the Chief Election Commissioner was to be
an ex-office member.
(ii) Electoral Rolls:
• The second important but tedious function of the Election Commission is to
prepare for identification the up-to-date list of all the persons who are entitle for
voting at the poll.

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 (iii) Recognition of Political Parties and Allotment of Symbols:
• A new part (Part IV A) has been added to the Representation of the People
(Amendment) Act, 1951 on registration of political parties. Section 29 A now
inserted provides for registration with the Commission, of associations and bodies
of individual citizens of India as political parties for purpose of this Act.
• This provision came into force from June 15, 1989.
• A recognised political party has been classified either as a National Party or a
State Party under paragraph 7 of the Elections Symbol Order, 1968.
• Another important function of the Election Commission is to allot symbols to the
political parties and the candidates, and also to accord recognition to the political
parties.
• The Commission has specified certain symbols as reserved and others as free.
• The reserved symbols are only available for candidates sponsored by the
political pin ties and the free symbols are equally available to other candidates.

(iv) The Conduct of the Poll:

• Article 324 confers on the Election Commission necessary powers to conduct
the elections including the power to countermand the poll in a constituency and
ordering a fresh poll therein because of hooliganism and breakdown of law and
order at the time of polling or counting of votes.

(v) Election Expenses:

• Another most controversial function that the Election Commission has perform
is to scrutinise the accounts of election expenses submitted by contestants in
elections.
• In India every contesting candidate is required to maintain and file the accounts
of his election expenses within a prescribed period after publication of the result
of his election.
• Within 10 days from the last date of filing the returns, the Returning Officer
submits to the Election Commission, a list of all the candidates and their agents
together with their returns as a also his observations in respect of candidates who
have failed to lodge returns in the specified time and in accordance with the
procedure prescribed by law.

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 • The Commission scrutinizes the accounts and decides whether the returns are in
proper form and whether they have been lodged in time. In case of default, it
notifies the candidates or their agents of their disqualification by publishing these
in the official Gazette.
(vi) Advice to President:
• Advising the President on the question of disqualification if any member of
Parliament or advising the Governor on the question of disqualification of a
member of a State legislature.
(vii) Model Code of Conduct:
EC first issued a Model Code of Conduct for political parties at the time of the
fifth general elections, held in 1971. Since then, the Code has been revised from
time to time and lays down guidelines as to how political parties and candidates
should conduct themselves during elections.

A provision was made under the Code that from the time the elections are
announced by the Commission, Ministers and other authorities cannot announce
any financial grant, make promises of construction of roads, carry out any
appointments in government and public undertakings which may have the effect
of influencing the voters in favour of the ruling party.

Despite the acceptance of the Code of Conduct by political parties, cases of its
violation have been on the rise. It is a general complaint that the party in power at
the time of elections misuses the official machinery to further the electoral
prospects of its candidates.

The misuse of official machinery takes different forms, such as issue of

advertisements at the cost of public exchequer, misuse of official mass media
during election period for partisan coverage of political news and publicity
regarding their achievements, misuse of government transport including
aircraft/helicopter, vehicles.

Constitutional Provisions

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Art. 324: broadly speaks of the functions of EC and its composition.
Art. 325: there shall be one general electoral roll for every territorial constituency for election
to either Houses of Parliament and State legislature. It establishes equality among citizens by
affirming that no person shall be ineligible for inclusion in the electoral roll on the grounds of
religion, race, caste or sex.
Art. 326: lays down adult suffrage as the basis of elections to the Lok Sabha and to the
Legislative Assemblies of States.
Art. 327: confers on Parliament the power to make provisions with respect to elections to
federal and State Legislatures
Art. 328: confers on State Legislature the power to make laws with respect to elections to
such legislature
Art. 329: bars interference by courts in electoral matters. Notwithstanding anything said in
the constitution i.e., validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies shall not be called in question in any court.

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Conclusion

Over the past years, the Election Commission has conducted several electoral reforms to
strengthen democracy and enhance the fairness of elections. Undoubtedly, these reforms are
admirable and the Election Commission deserves the credit for the same.
Unbiased and open elections are regarded as part of the basic structure of the Constitution of
India4. it is termed as the voice of people to have their share in forming the government of the
country which will manage its affairs efficiently. To conduct such a crucial process of
election our Constitution provided an independent body which is called Election Commission
of India under Article 324.
In this paper, powers, functions, of the Election Commission were discussed. Although this
authoritative body has many powers and is regarded as the independent body still its
autonomy should be restricted to such extent that misuse of its authority can be eliminated in
this regard supreme court has also passed many judgments and some of the important
judgments of the court are discussed above.
The main objective of the commission is to conduct the elections impartially and legitimately.
Election Commission is also responsible for assuring maximum participation of the qualified
voters so that the most suitable candidate will be selected which will perform its work
honestly for the welfare of the nation.

4
Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299.

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