election commission of india - wikipedia, the free encyclopedia

Election Commission of India

भारत नवाचन आयोग

Election Commission of India

Agency overview

Election Commission of IndiaFrom Wikipedia, the free encyclopedia

The ElectionCommissionof

Election Commission of India - Wikipedia, the fr... http://en.wikipedia.org/wiki/Election_Commissi...

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Formed 25 January 1950 (Later celebrated asNational Voters Day)

Jurisdiction India

Headquarters New Delhi28°36′50″N 77°12′32″E

Agencyexecutives

V. S. Sampath, Chief ElectionCommissionerHarishankar Brahma, ElectionCommissionerSyed Nasim Ahmad Zaidi, ElectionCommissioner[1]

Website eci.nic.in (http://eci.nic.in)


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India(Hindi:भारत नवाचन आयोग) is an autonomous, constitutionallyestablished federal authority responsible for administering all theelectoral processes in the Republic of India. Under the supervision ofthe commission, free and fair elections have been held in India atregular intervals as per the principles enshrined in the Constitution. TheElection Commission has the power of superintendence, direction andcontrol of all elections to the Parliament of India and the statelegislatures and of elections to the office of the President of India andthe Vice-President of India.[2]

The power of superintendence, direction and control of all elections tothe Local Government/Municiple Corporation by the State ElectionCommission.

The Chief Election Commissioner can be removed from his office by


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Parliament with two-thirds majority in Lok Sabha and Rajya Sabha onthe grounds of proven misbehaviour or incapacity. Other ElectionCommissioners can be removed by the President on therecommendation of the Chief Election Commissioner. The ChiefElection Commissioner and the two Election Commissioners drawsalaries and allowances at par with those of the Judges of the SupremeCourt of India as per the Chief Election Commissioner and otherElection Commissioners (Conditions of Service) Rules, 1992.[3] Thecurrent CEC is V.Sundaram Sampath.

Contents

1 History


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1.1 T.N. Seshan1.2 Use of Scientific and Technological Advancements1.3 Multi Member Commission

2 Functions and powers2.1 Guardian of Free and Fair Elections2.2 Model Code of Conduct2.3 Registration of Political Parties2.4 Limits on Poll Expenses2.5 Prohibition on Publication2.6 Quasi judicial powers2.7 Booth Level Officer

3 Secretariat4 Budget and Expenditure5 Tenure


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6 Judicial Review7 National Voters' Day

7.1 4th National Voters' Day8 New Initiatives9 Criticism10 References11 External links

History

T.N. Seshan

Over the years , the Election Commission's enforcement of India's


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remarkably strict election laws grew increasingly lax. As aconsequence, candidates flagrantly violated laws limiting campaignexpenditures. Elections became increasingly violent (350 persons werekilled during the 1991 campaign, including five Lok Sabha andtwenty-one state assembly candidates), and voter intimidation and fraudproliferated.[4]

The appointment of T.N. Seshan as chief election commissioner in 1991reinvigorated the Election Commission and curbed the illegalmanipulation of India's electoral system. By cancelling or repollingelections where improprieties had occurred, disciplining errant pollofficers, and fighting for the right to deploy paramilitary forces insensitive areas, Seshan forced candidates to take the ElectionCommission's code of conduct seriously and strengthened itssupervisory machinery. In Uttar Pradesh, where more than 100 persons


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were killed in the 1991 elections, Seshan succeeded in reducing thenumber killed to two in the November 1993 assembly elections byenforcing compulsory deposit of all licensed firearms, banningunauthorised vehicular traffic, and supplementing local police withparamilitary units. In state assembly elections in Andhra Pradesh, Goa,Karnataka, and Sikkim, after raising ceilings for campaign expendituresto realistic levels, Seshan succeeded in getting candidates to complywith these limits by deploying 337 audit officers to keep daily accountsof the candidates' election expenditures. Although Seshan has receivedenthusiastic support from the public, he has stirred great controversyamong the country's politicians. In October 1993, the Supreme Courtissued a ruling that confirmed the supremacy of the chief electioncommissioner, thereby deflecting an effort to rein in Seshan byappointing an additional two election commissioners. Congress (I)'sattempt to curb Seshan's powers through a constitutional amendment


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was foiled after a public outcry weakened its support in Parliament.

Use of Scientific and Technological Advancements

The Election Commission had tried to bring improvements in electionprocedures by introduction of EVM – Electronic Voting Machines. Itwas thought that EVMs would reduce malpractices and improveefficiency.It was first tried out on an experimental basis in the state ofKerala for the 1982 Legislative Assembly Elections. After successfultesting and legal inquires, the Commission took the decision to beginthe use of EVMs.[5]

The Election Commission launched a web site of its own on 28February 1998. It helps to provide accurate information, management,administration and also instant results of the elections. In 1998, Election


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Commission decided on a programme for the 'computerisation' of theelectoral rolls.

In an effort to prevent electoral fraud, in 1993 EPICs – Electorals PhotoIdentity Cards were issued. In the 2004 elections, it was mandatory topossess the card.

Multi Member Commission

Originally the commission had only a Chief Election Commissioner.But, two additional Commissioners were appointed to the commissionfor the first time on 16 October 1989 but they had a very short tenuretill 1 January 1990. The Election Commissioner Amendment Act, 1993made Election Commission to be multi member body. Later, on 1October 1993, two additional Election Commissioners were appointed.


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The concept of multi-member Commission has been in operation sincethen, with decision making power by majority vote.[5]

Functions and powers

Guardian of Free and Fair Elections

One of the most important features of the democratic polity is electionsat regular intervals.

Democracy is the

“Government of the people, By the people, And for the people".

Holding periodic free & fair elections are essentials of democratic


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system. It is part of basic structure of the Constitution which has beenheld in T. N. Sheshan V/s Union of India.[6] The Commission has takenmany efforts for the success of elections and thereby democracy.

Model Code of Conduct

The Election Commission is regarded as guardian of free and fairelections. In every election, it issues a Model code of Conduct forpolitical parties and candidates to conduct elections in free and fairmanner. The Commission issued the code for the first time in 1971 (5thElection) and revised it from time to time. It lay down guidelines forconduct of political parties & candidates during elections. However,there are instances of violation of code by the political parties andcomplaints are received for misuse of official machinery by thecandidates.


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In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner,[7]

the Kerala High Court held that the object of model code of conduct isnot to stop all governmental activities but only those actions which maydirectly influence a section of electors need to be prevented.

The need for such code is in the interest of free and fair elections.However, the code does not have any specific statutory basis. It hasonly a persuasive effect. It contains what, known as "rules of electoralmorality". But this lack of statutory backing does not prevent theCommission from enforcing it.

Registration of Political Parties

A law regarding to this registration process was enacted in 1989 andnumber of parties got registered with Commission.[8] It helps to avoid


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confusion and headache of the administrative machinery as well asconfusion of the electorate. It ensures that political parties can practicedemocracy only by their registration.

Limits on Poll Expenses

To get rid of the growing influences and vulgar show of money duringelections the Election Commission has made many suggestions in thisregard. The Election Commission has fixed the legal limits on theamount of money which a candidate can spend during electioncampaigns. These limits have been revised from time to time. TheElection Commission by appointing observers keeps an eye on theindividual account of election expenditure. The contestants are alsorequired to give details of expenditure with 30 days of declaration ofresults. However, political parties do not adhere to the financial


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‘Lakshman Rekha’ as huge amount are spent by parties under the garbof their supporters.

The campaign period was reduced by the Election Commission from 21to 14 days for Lok Sabha and Assembly elections; it is for to trim downelection expenditure. The Election Commission’s this attempt to imposethese measures has been a move in the right direction. Moreover,Election Commission takes details of the candidate's asset on affidavitat the time of submitting nomination paper.

In Common Cause v/s. Union of India, it was pointed out that, in Indiaelections are fought on the basis of money. The Court ruled that, purityof election is fundamental to the democracy and Commission can askthe candidates about the expenditure incurred by them and politicalparty for this purpose.


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Prohibition on Publication

The Commission can issue an order for prohibition of publication anddisseminating of results of opinion polls (Exit Polls).[4]

Quasi judicial powers

Under the Constitution, the Commission also has advisory jurisdictionin the matter of post election disqualification of sitting members ofParliament found guilty of corrupt practices at elections which comebefore the Supreme Court and High Courts.The Courts refer to theCommission for its opinion on the question as to whether such personshall be disqualified and, if so, for what period. The opinion of theCommission in all such matters is binding on the President or, as thecase may be, the Governor to whom such opinion is tendered. The


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Commission has the power to disqualify a candidate who has failed tolodge an account of his election expenses within the time and in themanner prescribed by law. The Commission has also the power forremoving or reducing the period of such disqualification as also otherdisqualification under the law.

Booth Level Officer

Booth Level Officer (BLO) is a local Government/Semi-Governmentofficial, familiar with the local electors and generally a voter in thesame polling area who assists in updating the roll using his localknowledge. BLO is a representative of Election Commission of India(ECI) at the grass-root level who plays a pivotal role in the process ofroll revision and collecting actual field information with regard to theroll corresponding to the polling area assigned to him.Under Section


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13B (2) of Representation of People Act, 1950, BLOs are appointedfrom amongst the officers of the Govt. /Semi Govt. /Local Bodies.Generally, one BLO is responsible for one part of the electoral roll.From August 2006 the Commission has decided to introduce theconcept of appointing BLOs who would be accountable for ensuring thefidelity of electoral roll. [9]

Secretariat

The Commission has a separate Secretariat at New Delhi, consisting ofabout 300 officials, in a hierarchical set up.[8] Two or three DeputyElection Commissioners and Director Generals who are the senior mostofficers in the Secretariat assist the Commission. They are generallyappointed from the national civil service of the country and are selected


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and appointed by the Commission with tenure. Directors, PrincipalSecretaries, and Secretaries, Under Secretaries and Deputy Directorssupport the Deputy Election Commissioners and Director Generals inturn. There is functional and territorial distribution of work in theCommission. The work is organised in Divisions, Branches andsections; each of the last mentioned units is in charge of a SectionOfficer. The main functional divisions are Planning, Judicial,Administration, Systematic Voters' Education and ElectoralParticipation, SVEEP, Information Systems, Media and SecretariatCo-ordination. The territorial work is distributed among separate unitsresponsible for different Zones into which the 35 constituent States andUnion Territories of the country are grouped for convenience ofmanagement.

At the state level, the election work is supervised, subject to overall


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superintendence, direction and control of the Commission, by the ChiefElectoral Officer of the State, who is appointed by the Commissionfrom amongst senior civil servants proposed by the concerned stategovernment. He is, in most of the States, a full-time officer and has asmall team of supporting staff.

At the district and constituency levels, the District Election Officers,Electoral Registration Officers and Returning Officers, who are assistedby a large number of junior functionaries, perform election work. Theyall perform their functions relating to elections in addition to their otherresponsibilities. During election time, however, they are available to theCommission, more or less, on a full-time basis. The gigantic task forcefor conducting a countrywide general election consists of nearly fivemillion polling personnel and civil police forces. This huge electionmachinery is deemed to be on deputation to the Election Commission


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and is subject to its control, superintendence and discipline during theelection period, extending over a period of one and a half to twomonths.

Budget and Expenditure

Secretariat of the Commission has an independent budget, which isfinalised directly in consultation between the Commission and theFinance Ministry of the Union Government. The latter generally acceptsthe recommendations of the Commission for its budgets. The majorexpenditure on actual conduct of elections is, however, reflected in thebudgets of the concerned constituent units of the Union – States andUnion Territories. If elections are being held only for the Parliament,the expenditure is borne entirely by the Union Government while forthe elections being held only for the State Legislature, the expenditure


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are borne entirely by the concerned State. In case of simultaneouselections to the Parliament and State Legislature, the expenditure isshared equally between the Union and the State Governments. ForCapital equipment, expenditure related to preparation for electoral rollsand the scheme for Electors' Identity Cards too, the expenditure isshared equally.[10]

Tenure

Main article: Chief Election Commissioner of India

The Chief Election Commissioner and two Election Commissionershave a tenure of six years, or up to the age of 65 years, whichever isearlier. The Chief Election Commissioner can be removed from office


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only through impeachment by Parliament.[5]

Judicial Review

Further information: Election petition

The decisions of the Commission can be challenged in the High Courtand the Supreme Court by appropriate petitions called as "Electionpetition". By long standing convention and several judicialpronouncements, once the actual process of elections has started, thejudiciary does not intervene in the actual conduct of the polls. Once thepolls are completed and result declared, the Commission cannot reviewany result on its own. This can only be reviewed through the process ofan election petition, which can be filed before the High Court, in respect


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of elections to the Parliament and State Legislatures. In respect ofelections for the offices of the President and Vice-President, suchpetitions can only be filed before the Supreme Court.[5]

National Voters' Day

25 January is the foundation day of the Commission, which came intobeing on this day in 1950. It is also celebrated as National Voters' Dayby ECI . The Commission's objective through National Voters' Day is toincrease enrolment of voters, especially of the newly eligible ones, tomake universal adult suffrage a complete reality. The National Voters'Day is also utilised to spread awareness among voters regardingeffective participation in the electoral process.[11]


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4th National Voters' Day

The Election Commission of India celebrated the 4th National Voters'Day across the country on 25 January 2014 . The theme for the 4thNVD was 'Ethical Voting'. NVD functions were held at more than656,000 locations across the country covering nearly all 900,000Polling Stations. 39.1 million new electors were added in the run up tothe fourth National Voters' Day, among which 12.7 million are thenewly eligible 18-19yrs old.[11]

New Initiatives

The Commission has taken several new initiatives in the recent past.Notable among these are: a scheme for use of State owned Electronic


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Media for broadcast/telecast by Political parties, checkingcriminalisation of politics, computerisation of electoral rolls, providingelectors with Identity Cards, simplifying the procedure for maintenanceof accounts and filling of the same by candidates and a variety ofmeasures for strict compliance of Model Code of Conduct, forproviding a level playing field to contestants during the elections.[5]

Criticism

The Election Commission of India came into severe criticism when aRTI by disability activist Dr Satendra Singh revealed it'sill-preparedness to safeguard electors with disabilities in GeneralElections 2014.[12] There were many violations of Supreme Court orderfrom 2014 to enfranchise persons with disabilities.[13]


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References

^ Balaji, J (4 August 2012). "Zaidi is new Election Commissioner"(http://www.thehindu.com/news/national/article3723367.ece). The Hindu(Chennai, India).

1.

^ "A Constitutional Body" (http://www.eci.gov.in/about-eci/the_setup.aspx). Election Commission of India.

2.

^ "Q 7. What is the status Chief Election Commissioner and the ElectionCommissioners in terms of salaries and allowances etc.?"(http://eci.nic.in/eci_main1/election-machinery.aspx). ElectionCommission of India.

3.

^ a b India Election Commission (http://www.photius.com/countries/india/government/india_government_election_commission.html)Sources: The Library of Congress Country Studies; CIA World Factbook

4.

^ a b c d e "A Constitutional Body" (http://eci.nic.in/eci_main15.


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/the_setup.aspx). Election Commission of India.^ AIR 1995 SC 8526.^ AIR 2006 Ker 2297.^ a b http://eci.nic.in/eci_main1/the_setup.aspx8.^ "Booth Level Officer; A Representative of Election Commission at theGrass-Root Level" (http://pib.nic.in/newsite/PrintRelease.aspx?relid=104541). PIB. 9 March 2014. Retrieved 12March 2014.

9.

^ "About ECI" (http://www.eci.gov.in/about-eci/the_setup.asp#introduction). Election Commission of India.

10.

^ a b "4th National Voters' Day celebrated across the country"(http://pib.nic.in/newsite/PrintRelease.aspx?relid=102737). PressInformation Bureau Government of India Election Commission. 25January 2014. Retrieved 27 January 2014.

11.

^ "Polls near, but no data of voters with disabilities"(http://timesofindia.indiatimes.com/india/Polls-near-but-no-data-

12.


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of-voters-with-disabilities/articleshow/29432418.cms). Times of India.27 January 2014.^ " वकलांग के लए गंभीर नह ं चुनाव आयोग" (http://www.punjabkesari.in/news/article-210889). Punjab Kesari. 26 January 2014.

13.

External links

Official website (http://eci.nic.in)Links to Official Web Sites of Chief Electoral Officers of 28States and 7 UTs (http://www.eci.nic.in/Links/Links.asp)ECI's Online Voters List (http://search.eci.gov.in/) Options: 'VoterName' search Parliamentary, Assembly constituency wise. Alsoone can get full Electoral Rolls 'Voting Booth' wise.Election Commission of India Gets Political Infection,


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Democracy at Receiving End (http://abclive.in/abclive_investigative_news/navin_chawla_congress_n_gopalaswami_election_commission_india.html)

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