Election Commission of India

Last updated

Election Commission of India
Election Commission of India Logo.svg
Official logo [1]
Constitutional Body overview
Formed25 January 1950;74 years ago (1950-01-25)
(celebrated as National Voters' Day)
JurisdictionIndia
HeadquartersNirvachan Sadan, Ashoka Road, New Delhi [2]
28°37′26″N77°12′40″E / 28.62389°N 77.21111°E / 28.62389; 77.21111
Employees~300 [3]
Constitutional Body executives
Website eci.gov.in (only accessible in India)

The Election Commission of India (ECI) is a constitutional body established by the Constitution of India empowered to conduct free and fair elections in India. The Election commission is headed by a Chief Election Commissioner and consists of two other Election Commissioners.

Contents

Structure

When formed in 1950, the Election Commission of India was a single member body with only the Chief Election Commissioner. As per The Election Commissioner Amendment Act, 1989, the Commission was made a multi-member body with two additional election commissioners who were appointed to the commission for the first time on 16 October 1989. On 1 January 1990, the post of election commissioners were abolished again. [6] The Election Commission was once again made as a three member body on 1 October 1993. [3] The commission is headquartered at Nirvachan Sadan in New Delhi. [3] The Election commission is headed by a Chief Election Commissioner and consists of two other Election Commissioners. They are further assisted by Directors General, Principal Secretaries, and Secretaries. [3] [7] The chief election commissioner does not have overruling powers and any decision is taken by the opinion of the majority among the three. [3] [8]

At the states and union territories, the Election Commission is assisted by the Chief Electoral Officer of the state or union territory (CEO), who leads the election machinery in the states and union territories. At the district and constituency levels, the District Magistrates/District Collectors (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work. [3]

Appointment and term of office

The appointment and term of the election commissioner is prescribed in the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. As per the Section 7 of the act, an election commissioner is appointed by the President of India on the recommendation of a selection committee headed by the Prime Minister of India and consisting of the Leader of the Opposition in Lok Sabha and a member of the Union Council of Ministers to be nominated by the Prime Minister. [9] They were earlier appointed by the President on the recommendation of the Prime Minister. In March 2023, the Supreme Court of India ruled that the appointments shall be made by a committee consisting of the Prime Minister, leader of opposition and the Chief Justice of India and the process would be in place until a new law is enacted with regards to the same. [10] The new law enacted in 2023, replaced the Chief Justice with a member appointed by the Prime Minister in the selection committee. [11]

The term of the CEC can be a maximum of six years from the date on which he/she assumes his office. However, the CEC retires from office if he/she attains the age of sixty-five years before the expiry of the term. [6] While the CEC can only be removed by office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha to be present and voting for the same, election commissioners can be removed by the President on the recommendation of the CEC. [6]

Powers and functions

The Election Commission of India is a body constitutionally empowered to conduct free and fair elections to the national, the State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice-President. [3] [12] The Election Commission operates under the powers granted by Article 324 of the Constitution and subsequently enacted Representation of the People Act. [13] [14] The state election commissions are responsible for conducting local body elections in the respective states. [6] The election commission decides the dates for the filing of nominations, voting, counting and announcement of results. [15] [16]

It issues a Model Code of Conduct for political parties and candidates to ensure that the elections are conducted in a free and fair manner. [17] The Code of Conduct was issued 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. [18] Instances of violation of the code by various political parties and misuse of official machinery by the candidates are dealt according to the law. [19]

A law for the registration process for political parties was enacted in 1989. [20] The registration ensures that the political parties are recognized as national, state and regional parties. The election commission has the right to allot symbols to the political parties depending on the status. The same symbol cannot be allocated to two political parties even if they do not contest in the region. [21]

The commission prepares electoral rolls and updates the voter list. To prevent electoral fraud, Electors Photo Identity Cards (EPIC) were introduced in 1993. However certain legal documents such as ration cards have been allowed for voting in certain situations. [22]

The commission is empowered to prohibit the dissemination or publication of voting trends that seek to influence voters by opinion polls or exit polls. [23] [24] [25]

The Election Commission is responsible for scrutinizing and accepting the applications of the candidates willing to contest in the elections. A person can be disqualified from contesting the elections if incorrect or incomplete information is provided in the affidavits and if he/she has been convicted by any court in India in which a jail term of two or more years has been awarded. [26] In 2017, the Election Commission supported the case for a lifetime ban on convicted felons from contesting elections in an affidavit filed in the Supreme Court. [27] [28]

The Election Commission sets limits on poll related expenditure by the candidates during election campaigns. The commission appoints officers of Indian Revenue Service from the Income Tax Department as Election Observers. [29] [30] The commission takes details of the candidate's assignment in an affidavit at the time of submitting the nomination paper, and they are also required to give details of their expenditure within 30 days of the declaration of results. [31]

The election commission operates various electronic media including websites and mobile applications for enabling various functions such as addressing grievances, checking electoral rolls, disseminating information on candidates, announcement of results and monitoring of assigned tasks. [32] [33]

Voting

Electronic voting machines (EVMs) with Voter-verified paper audit trail (VVPAT) EVM VVPAT.jpg
Electronic voting machines (EVMs) with Voter-verified paper audit trail (VVPAT)

Voting in India is done using Electronic voting machines (EVMs) and there are provisions for Postal voting and special arrangements for the disabled. [3]

Electronic voting machines (EVM) were introduced by the Election Commission to reduce malpractices and improve efficiency. The EVMs were first trialed in 1982 in the by-election to Paravur assembly constituency in Kerala in a limited number of polling stations. [34] After successful testing and legal inquiries, the commission decided to introduce these voting machines on a large scale. [3] EVMs are manufactured by two public sector undertakings, Bharat Electronics and Electronics Corporation of India Limited. [35] Voter-verified paper audit trail (VVPAT) was introduced on a trail basis in a by-poll in September 2013 in Noksen (Assembly Constituency) in Nagaland. [36] It was later used in various Legislative elections and in eight Lok Sabha constituencies in 2014 Indian general election. [37]

NOTA Voting Symbol in India NOTA Option Logo.svg
NOTA Voting Symbol in India

In 2014, none of the above (NOTA) was also added as an option on the voting machines which is now a mandatory option to be provided in any election. [38] [39] The specific symbol for NOTA, a ballot paper with a black cross across it, was introduced on 18 September 2015. [40] Photo electoral rolls with photographs of the candidates on the EVMs were first introduced in the 2015 Bihar Legislative Assembly election. [41] [42]

Election Commission organised an open hackathon on 3 June 2017 encouraging people to attempt hacking of EVMs used by the commission in various Indian elections. [43] While none of them participated, functioning of the EVM and VVPAT machines were demonstrated in the event. [44]

Postal voting in India is done only through Electronically Transmitted Postal Ballot Papers (ETPB). Ballot papers are distributed to the registered eligible voters who return the votes by post. Postal votes are counted first before the counting of votes from the EVM. Only certain categories of people are eligible to register as postal voters. Employees working in the union armed forces and state police as well as their spouses, and those working for the Government of India who are officially posted abroad can register for the postal vote. People in preventive detention can use postal vote while prisoners are not allowed to vote. [45] The Election Commission of India has granted permission for individuals aged 80 and above and those with physical challenges to cast their votes from their homes. [46]

The Election Commission of India did not have data with regards to disabilities of voters as ascertained by a RTI application filed in 2014. [47] The Election commission offered sign language support to assist voters with speech and hearing impairment. [48]

See also

Related Research Articles

<span class="mw-page-title-main">Electronic voting in India</span> Component of Indian electoral system

Electronic voting is the standard means of conducting elections using Electronic Voting Machines (EVMs) in India. The system was developed for the Election Commission of India by state-owned Electronics Corporation of India and Bharat Electronics. Starting in the late 1990s, they were introduced in Indian elections in a phased manner.

"None of the above" (NOTA), or none for short, also known as "against all" or a "scratch" vote, is a ballot option in some jurisdictions or organizations, designed to allow the voter to indicate disapproval of the candidates in a voting system. It is based on the principle that consent requires the ability to withhold consent in an election, just as they can by voting "No" on ballot questions. It must be contrasted with "abstention", in which a voter does not cast a ballot.

Voter verifiable paper audit trail (VVPAT) or verified paper record (VPR) is a method of providing feedback to voters who use an electronic voting system. A VVPAT allows voters to verify that their vote was cast correctly, to detect possible election fraud or malfunction, and to provide a means to audit the stored electronic results. It contains the name and party affiliation of candidates for whom the vote has been cast. While VVPAT has gained in use in the United States compared with ballotless voting systems without it, hand-marked ballots are used by a greater proportion of jurisdictions.

India has a parliamentary system as defined by its constitution, with power distributed between the union government and the states. India's democracy is the largest democracy in the world.

Electronic voting by country varies and may include voting machines in polling places, centralized tallying of paper ballots, and internet voting. Many countries use centralized tallying. Some also use electronic voting machines in polling places. Very few use internet voting. Several countries have tried electronic approaches and stopped because of difficulties or concerns about security and reliability.

<span class="mw-page-title-main">V. S. Sampath</span> 18th Chief Election Commissioner of India

Veeravalli Sundaram Sampath served as 18th Chief Election Commissioner (CEC) of the Election Commission of India from 2012 to 2015. He succeeded S. Y. Quraishi as the Chief Election Commissioner on 11 June 2012. Born on 16 January 1950, Sampath retired on 15 January 2015 when he attained 65 years of age.

<span class="mw-page-title-main">2013 Delhi Legislative Assembly election</span> 2013 state assembly election in Delhi

The Delhi Legislative Assembly election was held on 4 December 2013, with the result announced on 8 December resulting in formation of the Fifth Legislative Assembly of Delhi.

<span class="mw-page-title-main">2013 Rajasthan Legislative Assembly election</span> State assembly election in India

Legislative Assembly elections were held in the Indian state of Rajasthan on 1 December 2013. Results were announced on 8 December. The incumbent ruling party Indian National Congress, led by the Chief Minister Ashok Gehlot, lost the elections to Vasundhara Raje-led BJP, who was being touted as the next incumbent.

<span class="mw-page-title-main">2013 Madhya Pradesh Legislative Assembly election</span>

A Legislative Assembly election was held on 25 November 2013 in Madhya Pradesh, India, with the result announced on 8 December. Along with four other state assembly elections, these were the first elections in which the Election Commission of India (ECI) implemented a "None of the above" (NOTA) voting option, allowing the electorate to register a neutral vote but not to outright reject candidates. In a first, the Election Commission of India also appointed Central Awareness Observers, whose main task was to oversee voter awareness and facilitation.

<span class="mw-page-title-main">2013 Mizoram Legislative Assembly election</span>

The Mizoram Legislative Assembly election, 2013 was held on 25 November 2013 in all 40 constituencies of the Legislative Assembly of Mizoram. Results were declared on 9 December. The main contest was between incumbent the Indian National Congress and the Mizo National Front led Mizoram Democratic Alliance. Incumbent Chief Minister Pu Lalthanhawla and his party Indian National Congress won a majority and continued in government.

<span class="mw-page-title-main">2015 Bihar Legislative Assembly election</span> Election in India

The Legislative Assembly election was held over five phases in Bihar through October–November 2015 before the end of the tenure of the prior Legislative Assembly of Bihar on 29 November 2015.

<span class="mw-page-title-main">Noksen Assembly constituency</span> Legislative Assembly constituency in Nagaland State, India

Noksen is one of the 60 Legislative Assembly constituencies of Nagaland state in India. It is part of Tuensang district and is reserved for candidates belonging to the Scheduled Tribes.

<span class="mw-page-title-main">2016 Tamil Nadu Legislative Assembly election</span> Election to the legislative assembly of Tamil Nadu

The Fifteenth Legislative Assembly Election was held on 16 May 2016 for the 232 seats of the Legislative Assembly in the state of Tamil Nadu in India. The AIADMK under J. Jayalalithaa won the elections and became the first ruling party to be re-elected in Tamil Nadu since 1984, though with a simple majority. The DMK won half of the seats it contested but its allies performed poorly; notably, the Indian National Congress won 16% of the seats they contested, and the alliance lost due to its poor performance. The votes were counted on 19 May 2016. In the previous election in 2011, AIADMK, under the leadership of Jayalalithaa, won a thumping majority and formed the government, while DMDK chief Vijayakanth served as the Leader of Opposition until January 2016. This was the last election that J. Jayalalithaa and M. Karunanidhi contested, as they both died later that year and 2018 respectively.

<span class="mw-page-title-main">2017 Uttar Pradesh Legislative Assembly election</span>

The election to the 17th Uttar Pradesh Legislative Assembly was held from 11 February to 8 March 2017 in 7 phases. This election saw a voter turnout of 61.11% compared to 59.40% in the previous election. The Bharatiya Janata Party (BJP) won the election by an overwhelming three-quarters majority of 325 seats despite not projecting a chief ministerial candidate before the election. As part of its election strategy, BJP contested under a collective leadership and capitalised mostly on the political clout and 'brand' of its leader Narendra Modi.

<span class="mw-page-title-main">2017 Punjab Legislative Assembly election</span> Elections for the 15th Legislative Assembly of Punjab (India)

A Legislative Assembly election was held in the Indian state of Punjab on 4 February 2017 to elect the 117 members of the Fifteenth Punjab Legislative Assembly. The counting of votes was done on 11 March 2017. The ruling pre-election coalition was the alliance comprising the political parties Shiromani Akali Dal and Bharatiya Janata Party and led by Chief Minister Parkash Singh Badal. The voter turnout for the Punjab Assembly election was 77.2% The Indian National Congress led by former Chief Minister Captain Amarinder Singh defeated the ruling alliance and the newcomer Aam Aadmi Party.

<span class="mw-page-title-main">2017 Himachal Pradesh Legislative Assembly election</span> 2017 assembly elections in Himachal Pradesh

The Himachal Pradesh Legislative Assembly election, 2017 was held on 9 November 2017 to elect all 68 members of the Himachal Pradesh Legislative Assembly.

<span class="mw-page-title-main">None of the above (India)</span> Ballot option to not vote for any candidate

None of the Above, abbreviated as NOTA, has been provided as an option to the voters of India in most elections since 2013. By expressing a preference for none of the above, a citizen can choose not to vote for any candidates who are contesting the elections.

<span class="mw-page-title-main">2019 Andhra Pradesh Legislative Assembly election</span> Elections in Indian state of AP

The 2019 Andhra Pradesh Legislative Assembly election were held in the Indian state of Andhra Pradesh on 11 April 2019 for constituting the fifteenth legislative assembly in the state. They were held alongside the 2019 Indian general election.

Bangladesh election commission scandal of 2020 is the revelation of a series of corruption allegations, moral degradation of the commissioners and evidence of gross misconducts before and after the controversial 2018 Bangladeshi general election and 2019 Upazila polls in Bangladesh. Allegations included the misappropriation of around 20 million Bangladeshi taka for imaginary programs, embezzlement of 40.8 million BDT during the recruitment process of election commission staffs, purchasing the electronic voting machine at a higher price than the market rate, usage of extra cars by three election commissioners flouting rules and facilitating continuous and numerous election fraud by not investigating credible allegations of irregularities during the 11th Parliamentary Election and elections in Dhaka North and Dhaka South City Corporations, Khulna City Corporation, and Gazipur City Corporation.

<span class="mw-page-title-main">2022 Delhi Municipal Corporation election</span> Municipal Corporation election in Delhi, India

Municipal election were held in Delhi on 4 December 2022 to elect 250 councillors of Municipal Corporation of Delhi. The votes were counted and the results were declared on 7 December 2022.

References

  1. ↑ "Election Commission of India". Government of India . Retrieved 21 March 2024.
  2. ↑ "Contact Us". Election Commission of India . Retrieved 1 January 2024.
  3. 1 2 3 4 5 6 7 8 9 "A Constitutional Body". Election Commission of India . Retrieved 5 January 2012.
  4. ↑ "Rajiv Kumar formally takes over as 25th Chief Election Commissioner". The Times of India . 19 May 2022. Retrieved 1 December 2023.
  5. 1 2 "Gyanesh Kumar, Sukhbir Singh Sandhu take charge as Election Commissioners". The Indian Express . 15 March 2024. Retrieved 17 March 2024.
  6. 1 2 3 4 "Election, FAQ". Government of India. Retrieved 1 December 2023.
  7. ↑ Laxmikanth, M (2017). Indian Polity. McGraw Hill. p. 42. ISBN   978-9-35260-363-3.
  8. ↑ "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.
  9. ↑ "SC refuses to stay new law on appointment of CEC and ECs, issues notice to Centre". The Economic Times . 13 February 2024. Retrieved 1 April 2024.
  10. ↑ "Supreme Court Says Committee of PM, Leader of Opposition, CJI Should Appoint Election Commissioners". The Wire. 2 March 2023. Retrieved 1 June 2024.
  11. ↑ "Supreme Court agrees to hear plea against law dropping CJI from committee to select CEC, ECs". The Indian Express . 14 March 2024. Retrieved 3 June 2024.
  12. ↑ "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.
  13. ↑ "Part XV of the Constitution of India – Elections – Article 324" (PDF). Ministry of Law and Justice, Government of India. Archived from the original (PDF) on 3 December 2011. Retrieved 9 September 2017.
  14. ↑ "The Representation of the People Act, 1951" (PDF). Ministry of Law and Justice, Government of India. Archived from the original (PDF) on 1 May 2015. Retrieved 9 September 2017.
  15. ↑ Iqbal, Aadil Ikram Zaki (4 January 2017). "UP poll dates announced, results on March 11". India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  16. ↑ Sharma, Test (10 October 2007). "Gujarat, Himachal get dates for Assembly polls". News18 . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  17. ↑ Joyita (14 April 2014). "Model Code of Conduct and the 2014 General Elections". PRS Legislative Research . Archived from the original on 28 November 2018. Retrieved 9 September 2017.
  18. ↑ "Election Commission enforces model code of conduct in Manipur". Hindustan Times . 5 January 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  19. ↑ Chhibber, Maneesh (5 November 2015). "Model Code is only moral code, but carries weight". The Indian Express . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  20. ↑ "Registration of political parties under section 29A of the Representation of the People Act, 1951" (PDF). Election Commission of India. 23 March 1992. Archived from the original (PDF) on 14 October 2010. Retrieved 9 September 2017.
  21. ↑ "Handbook of Symbols, 2004" (PDF). Election Commission of India. 2004. Clause 9. Archived from the original (PDF) on 11 January 2012. Retrieved 9 September 2017.
  22. ↑ "When using ration card as identity proof, entire family should vote". The Indian Express . 8 October 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  23. ↑ "Subject - Guidelines for Publication and Dissemination of Results of Opinion Polls/Exit Polls". Election Commission of India. 20 January 1998. Archived from the original on 6 January 2019. Retrieved 9 September 2017.
  24. ↑ "Election Commission bans exit polls in election-bound states". The Times of India . 29 January 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  25. ↑ Chopra, Ritika (16 February 2017). "Exit polls and why they are restricted by the panel: All your questions answered". The Indian Express . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  26. ↑ "A Person is Disqualified to Contest Elections if Conviction Not Stayed: SC". News18. 9 December 2020. Retrieved 1 December 2023.
  27. ↑ Anand, Utkarsh (21 March 2017). "Election Commission supports lifetime ban on convicts from contesting". The Indian Express . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  28. ↑ Rautray, Samanwaya (15 September 2016). "Lifetime ban on convicted netas: Supreme Court seeks Center, Election Commission's views". The Economic Times . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  29. ↑ Kumar, Pradeep (23 March 2017). "RK Nagar byelection: Observers appointed". The Times of India . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  30. ↑ "Deployment of observers in RK Nagar a new national record: Election Commission". The New Indian Express . 31 March 2017. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  31. ↑ "The Function (Electoral System)". Election Commission of India. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  32. ↑ Varma, Nikhil (17 July 2017). "The technocrats, reinvented". The Hindu . Archived from the original on 24 September 2021. Retrieved 24 September 2021.
  33. ↑ "Election Commission of India: Ludhiana district administration develops mobile app for Election Commission of India". The Times of India . 2 January 2017. Retrieved 24 July 2022.
  34. ↑ "A brief history of EVMs in India". The Hindu . Retrieved 1 September 2023.
  35. ↑ "EVMs, VVPATS designed, manufactured indigenously by 2 PSUs: Government". Business Standard. 17 March 2023. Retrieved 1 December 2023.
  36. ↑ Singh, Bikash (4 September 2013). "VVPAT used or the first time in Noksen bypolls". The Economic Times . Archived from the original on 12 April 2016. Retrieved 9 September 2017.
  37. ↑ "India devises flawless ballot mechanism". The News International . 19 December 2013. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  38. ↑ Joshua, Anita (13 October 2013). "Election Commission okays NOTA option". The Hindu . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  39. ↑ "NOTA to be provided in general elections". The Times of India . 5 March 2014. Archived from the original on 5 March 2014. Retrieved 9 September 2017.
  40. ↑ "Now, 'NOTA' has an electoral symbol too". Daily News and Analysis . 18 September 2015. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  41. ↑ Shivadekar, Sanjeev (30 March 2015). "Now, photos of candidates on EVMs to weed out 'dummies'". Times of India . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  42. ↑ Virk, Aviral (21 September 2015). "Contesting the Bihar Polls? Dummy Candidates Beware". The Quint . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  43. ↑ "AAP calls EC's EVM challenge 'farce', begins registration for its hackathon". The Economic Times . 3 June 2017. Archived from the original on 10 September 2017. Retrieved 9 September 2017.
  44. ↑ Prabhu, Sunil (3 June 2017). Tikku, Aloke (ed.). "The EVM (Vote Machine) 'Hackathons' That Weren't: 10 Points". NDTV . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  45. ↑ "Maharashtra, Haryana Elections 2019: Can You Vote By Postal Ballot If You Aren't Living At Home?". Huffington Post. 26 September 2019. Retrieved 30 July 2020.
  46. ↑ "EC provides facility to voters above 80 years of age & Divyanga to vote from home". News On AIR. 13 November 2023. Retrieved 13 November 2023.
  47. ↑ Gohain, Manash Pratim (27 January 2014). "Polls near, but no data of voters with disabilities". Times of India . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  48. ↑ "Election commission offers sign language assistance to voters". Hindustan Times . 9 November 2022. Retrieved 1 November 2023.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.