
ABSTRACT
The vital role that the Election Commission of India (ECI) plays in upholding and enhancing Indian democracy is examined in this article. From the ECI’s founding in 1950 to its current position as a pillar of India’s democratic process, it chronicles the organization’s development and history. The article explores the Commission’s many duties and highlights how crucial it is to maintain free and fair elections in the biggest democracy in the world.
Voter Verifiable Paper Audit Trail (VVPAT) systems, Electronic Voting Machines (EVMs), and steps to boost voter turnout and transparency are just a few of the major electoral reforms and initiatives that are examined in this study. Additionally, it examines the major obstacles the Commission must overcome, including preventing money influence in elections, dealing with the criminalisation of politics, and adapting to political change. The article illustrates the ECI’s efforts in navigating complicated issues like political advertisements, accessibility for voters with disabilities, and data protection through case studies and legal analyses. A personal analysis of the ECI’s function is provided in the conclusion, along with recommendations for future modifications to fortify Indian democracy.
Keywords – Democracy, Electronic voting system, Turnout, Criminalisation, Political Advertisements
EVOLUTION AND HISTORY OF ELECTION COMMISSION OF INDIA –
The Election Commission of India (ECI) is an essential element of democracy in India, which has transformed through the years into a strong and credible body. The development commenced with the introduction of the ECI which was enacted into law with the coming into force of the Indian Constitution in 1950, which had established the ECI as an autonomous body under Article 324.
India held its first elections in 1951–1952. Their goal was to create a new constitutional framework for elections in the various countries of the 20th century; this crucial step represented the founders’ intention to guarantee free and fair elections possibly in the largest democracy in the world. The Commission had a lap of a single Chief Election Commissioner over forty years, an ethos that still prevailed. The initial years witnessed the ECI struggling with the gargantuan responsibility of holding the first general elections in India in 1951-52. For this, over 173 million citizens needed to be enrolled as voters, and almost 224000 polling centers needed to be created for the gigantic, multi-ethnic country.
Similarly, as the democracy in India matured, the Commission also evolved and shouldered greater responsibilities. One such landmark development was in 1989 with the recruitment of two more Election Commissioners which enhanced the Commission’s capability to cope with the increasing challenges of electoral administration. Nonetheless, this development was short-lived, as it was dissolved into a single-member body once again in the year 1990. The turning point arrived in the year 1993 when the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act was enacted, which permanently adopted a multi-member Commission. This act did not only caged the ECI but decorated it with other accoutrements of assisted decision-making in the class of comprehensiveness towards electoral problems.
The composition of the ECI has been relatively stable over the years, reflecting changes in Indian politics. It made radical changes such as the introduction of ELECTRONIC VOTING MACHINES ( e-vms) by 1998 which improved the voting process and improved accountability. The Commission also undertook several measures to ensure that there was high turnout and active participation of voters through, for example, introducing awareness campaigns and measures such as the Systematic Voters’ Educational and Electoral Participation (SVEEP) program in 2009. Such actions were indicative of the changing focus of the ECI, which was now evolving into more than just an election-conducting body.
ECI’s experience has not been free from critique; it has faced much criticism, particularly when the elections are close and acrimonious. Still, such tests have often led to further growth in its processes and policies. Although not statutorily binding, the Model Code of Conduct proved to be an excellent tool in regulating the conduct of campaigns and levelling the playing field. The adoption of technology is also underscored by the introduction of Voter Verifiable Paper Audit Trail (VVPAT) machines in 2013 which shows the seriousness of the Commission in enhancing the integrity of the electoral process.
It can confidently be said that entering the 21st century, ECI’s role transitioned into electoral management and broad electoral democratic functions such as campaign finance regulation, voter education, and challenges by social media and misinformation. Its growth evidences the development of Indian democracy itself, learning new responses but upholding fundamental principles for free and fair elections. The Election Commission of India is in itself the very emblem of the democratic resilience of the country, whose history is imperceptibly linked with the history of taking the country toward a more inclusive and participative democracy.
ROLE AND RESPONSIBILITY OF THE ELECTION COMMISSION-
The Election Commission of India (ECI) stands sentinel for democratic integrity; its mandate is more than a mere technicality of anonymous balloting. Essentially, the ECI is entrusted, under Article 324[1] of the Indian Constitution, with plenary power to supervise, direct, and control elections. By this provision, the ECI is expected to function with autonomy-like a separate body that is free from political pressures and executive interference.
The commission’s role is multi-faceted, from voter registration to all the activities around it. It has the monumental burden of maintaining and updating electoral rolls, a document that provides the foundation for participative democracy. The mechanisms involve registration that includes the innovative approach of the Electors Photo Identity Card (EPIC) program, which has significantly upgraded the quality of voter identification.
In terms of the logistics of conducting elections, the ECI is engaged in sophisticated management of the movement of personnel and resources. It oversees constituency delimitation, which is a very politically sensitive process, to achieve equitable representation across the length and breadth of the nation. It appoints Returning Officers and deploys Central Armed Police Forces to help conceive and nurture the sanctity of the polling process.
One of the most prominent weapons in the arsenal of the ECI is the Model Code of Conduct (MCC), a set of guidelines that come into force immediately after the elections are announced. While in effect, the MCC is not a legally binding enactment; however, the judiciary treated it with a degree of force of law in a landmark case Union of India v. Harbans Singh Jalal (2012). Moreover, it acts as a Green Light for political parties, directing their campaigns’ conduct and disallowing misuse of official machinery for electoral benefits.
The Commission has a clearly defined role in terms of the financing of elections, which is one of the few areas in which it has immense power. It imposes limits on the amount that candidates can spend on their campaigns, scrutinizes reports filed on the amounts received as donations, and may disqualify candidates for failing to report the accounts. Recently created electoral bonds have added another ramification to this responsibility, expecting the ECI to balance between transparency in the purpose and privacy in the identity of the donor.
The ECI has recently brought technology to bear on the public safety of the elections. This has, in some sense, completely revolutionized the manner of voting; Electronic Voting Machines and voter-verified Paper Audit Trails, therefore, reduce electoral fraud, given that the integration of technology is itself a conundrum and has posed the Commission with a new set of challenges for an ever-evolving security system and public communication strategies.
The ECI’s adjudicatory function is perhaps its most delicate duty. As the stereoscope contractor of various disputes on the recognition of political parties and allotment of symbols, far more consequential judgments often follow. The Commission’s quasi-judicial powers were vindicated in Mohinder Singh Gill v. Chief Election Commissioner (1978)[2] by the Supreme Court, which expressed that the ECI is amenable to judicial scrutiny only on a limited basis of grounds.
The Commission, besides doing its constitutional obligation, has also taken it upon itself to inspire and further democratic participation. Out of awareness of the difficulties faced by marginal groups, voter education initiatives, in the shape of the Systematic Voters’ Education and Electoral Participation (SVEEP) Program, have been taken up to foster enlightened participation in the elections.
As Indian democracy transforms, election monitoring has adapted accordingly. From tackling fake news to delineating the election law within the chaotic sphere of social media campaigning, the ECI finds itself positioning itself as the shield against attacks on free and fair elections-the mightiest such exercise democratically known. It will need to show its credentials in adapting, innovating, and ensuring integrity against the whims of a self-serving political philosophy in shaping the future of Indian democracy.
ENSURING FREE AND FAIR ELECTIONS –
So, to summarize, the ECI formed the vanguard of the emblem of democracy in India, and the conduct of free-and-fair elections in India has thus far depended on the indefatigable work being carried out by the Election Commission. “The quality of functions performed by private citizens may be used to measure the health of a democratic society,” as noted by Alexis de Tocqueville once. The Election Commission of India has consistently worked to ensure free and fair elections, which has largely maintained this health.
The Commission’s passionate endeavour is the safeguarding of Indian democracy, which is best described, according to political scientist Robert A. Dahl, in his work “On Democracy,” as a constant endeavour to sustain polyarchy, i.e., to keep periodic free and fair elections. In a multi-ethnic and multi-class society such as India, it is a most challenging task, and many would say, given the stark inequalities prevailing, that an unbiased need to regale the Indian “functioning anarchy” in the perspective of economist John Kenneth Galbraith[3] has here been depicted.
The functions of ECI are sustained by the Model Code of Conduct (MCC), a set of guidelines coming into effect from the moment an election is announced. This code is, of course, not legally binding, but it has emerged as a very effective instrument for maintaining legitimacy in electoral processes. As S.Y. Quraishi, former Chief Election Commissioner, states in his book “An Undocumented Wonder: The Making of the Great Indian Election,” the MCC is supposed to serve as a guiding principle that dictates the standards of political behaviour during the vital campaigning period. The Commission’s role in ensuring free and fair elections goes far beyond the implementation of the MCC. It includes a plethora of things, ranging from the proper upkeep of electoral rolls to the deployment of security forces in sensitive areas. This much is underscored in the words of the political scientist Yogendra Yadav, “The ECI is to conduct elections in such a fashion that they will bolster democracy.”
In recent years, one of the major problems before the ECI has been the emergence of monetary power at elections. An oft-quoted saying by American politician Jesse Unruh states, “Money is the mother’s milk of politics,” which holds all the more truth in Indian settings. Following the rise of this trend, the ECI applied stern measures to monitor campaign expenditures, all the way to the point of calling off elections in various constituencies where voting proved to have been bought.
The coming-in of Electronic Voting Machines has been the game-changer in the way the ECI sought to maintain the integrity of elections. Although initially seen with skepticism, these machines greatly diminished the occurrence of booth capturing and ballot stuffing. As former Chief Election Commissioner T.N. Seshan-who has often been credited with reforming the Indian electoral system—once remarked, “EVMs are like a newly married daughter-in-law. They’ll take some time to settle down but believe me, once she’s settled, she will serve you well.”
However, Institutional and some accidental malpractices will always remain challenges on the ECI, which continues to strangle and erode the conduct of free and fair elections. The Election Commission of India has fought malicious practices ranging from voter intimidation to false information policy. The Commission has to negotiate a difficult road through the intertwining factors of caste, religion, and regional politics, often threatening to undermine the entire process of democracy, as noted by political scientist Zoya Hasan in her book “Democracy in the Mirror: Electoral Politics in Modern India.”
In recent times, social media has surfaced as new challenges to electoral integrity. The ECI is countering this by working with tech giants to fact-check dubious news and ensure the strictest mandates on conduct during online campaigning. As per the words of journalist A.J. Liebling[4], “Freedom of the press is guaranteed only to those who own one.” Yet, when every individual has a platform in this social media age, ensuring that such freedom resides seamlessly does not produce electoral inefficacy has become all the more pertinent for the ECI.
The work done by the Election Commission of India in ensuring free and fair elections itself stands as testimony to India’s commitment to democracy. As was once said by former President A.P.J. Abdul Kalam, “In a democracy, the well-being, individuality, and happiness of every citizen are important for the overall prosperity, peace, and happiness of the nation.” With unparalleled dedication, the Election Commission of India has construed all avenues to uphold this vision toward the largest conduct of a democratic exercise and serve as an example for other democracies in the world.
ELECTORAL REFORMS AND INITIATIVES –
Electoral reforms and initiatives have, over the years, developed into a contentious and volatile stage that has reflected the changes in India’s democratic arena. The Election Commission of India has been at the forefront of these reforms, continuously adapting to new challenges in ways favorable to the electoral process.
The introduction of the none of the Above (NOTA) option on the voting machines will undoubtedly stand out as one of the major reforms in contemporary years. The option of not allowing voters to select any of the candidates in a constituency that the court believed was suitable for elections was ordered by the Supreme Court as we can see in the case People’s Union for Civil Liberties v. Union of India (2013). NOTA has since evolved into a tool of political protest wherein more than 65 lakh voters embraced it, according to The Hindu in 2019.
The struggle against the criminalization of politics has been yet another very important task to be accomplished under electoral reforms. The ruling passed by the Supreme Court of India, during the judgment of Public Interest Foundation v. Union of India (2018), instructed political parties to public clerical antecedents of their candidates. Following the Court’s findings, the ECI issued strong guidelines that candidates should put into publications in newspapers or on social media platforms their vast criminal records. According to a report in 2019 by the Association for Democratic Reforms, 43% of newly elected MPs were said to have criminal cases against them, thus proving the persistence of the challenge in that regard.
There has also been considerable reform in campaign finance. Introduced in 2017, the electoral bond was to be a foundation for political funding transparency. However, as early as 2019, The Wire reports that critics of this system have expressed concern as it allows behind-the-scenes, i.e., anonymous, corporate funding of parties.
Technological advancement has played a significant role in the success of electoral reform. It all began with the Electronic Voting Machine (EVM) and Voter Verified Paper Audit Trail (VVPAT). VVPAT, as an additional step toward transparency in elections, was enforced by the Supreme Court in the case of Subramaniam Swamy versus the Election Commission of India in 2013. In April 2019, the Supreme Court agreed to the demand of the motley of oppositional parties and raised VVPAT verification.
The ECI has made major strides in regulating the use of social media in elections. In response to growing concerns about misinformation circulating in the social media sphere, major social media platforms, in March 2019, unanimously adopted a voluntary code of ethics whereby they would delete any objectionable content within a three-hour window at the 48-hour mark before polling, respectively.
The reforms have also targeted other important areas, such as accessibility. In the elections of 2019, Braille-enabled EVMs (Electronic Voting Machines) and a specially designed application for the benefit of differently-abled citizens, that is, persons with disabilities, were deployed. According to The Economic Times, there were more than 62,000 registered voters through this app in the 2019 elections.
Environmental issues also entered the fold of electoral reforms. The ban on single-use plastic in election campaigns just before the 2019 elections by the ECI was a landmark decision though the details were reported in Down to Earth. It primarily worked in conjunction with broader national efforts to mitigate plastic waste.
The focus on greater women’s participation in the electoral process gave rise to initiatives like all-women-managed polling booths. As reported by The Times of India during the general elections of 2019, over 40,000 all-women-managed polling booths were set up across the country.
Then again, proxy voting for Non-Resident Indians (NRIs) still looms in the ongoing debates on voting rights for NRIs and proposed amendments to the Representation of the People Act. The Representation of the People (Amendment) Bill, 2018, to allow proxy voting for NRIs, is still under consideration.
These reforms and initiatives are an endorsement of the ECI seeking to embrace challenges for the enhancement of India’s democratic processes. As with all other concerns regarding democracy, electoral reform can never truly claim to be over as further efforts toward innovations and debates are indeed highly likely to take place in the years to come.
Here’s a summarised version of the Key Electoral reforms and Initiatives –
- Introduction of NOTA
Supreme Court in People’s Union for Civil Liberties v. Union of India (2013) order Over 65 lakh used NOTA in general elections, in 2019 (The Hindu, 2019)
- Criminalization of Politics
Public Interest Foundation v. Union of India (2018) judgment: ECI guidelines to publicize criminal antecedents
43% of new Members of Parliament in Lok Sabha 2019 had criminal cases (Association for Democratic Reforms)
- Campaign Finance Reforms
Electoral Bonds introduced in 2017: Concerns over transparency (ADR report, 2019)
- Use of Technology
EVMs and VVPAT
Subramaniam Swamy v. The Election Commission of India (2013) case
- Voter Verification
- Introduction of VVPAT
The Supreme Court order in April 2019 increasing VVPATs deployed per constituency from 1 to 5 VVPAT
- Social Media Regulations
Voluntary Code of Ethics to regulate social media platforms (March 2019)
Political advertisements are not to be allowed after 48 hours of campaigning.
- Accessibility Initiatives
Introducing EVMs with Braille
PwD mobile application for voters with physical disabilities[5]
- Environmental Concerns
Ban on single-use plastic in election campaigns in 2019
- Women’s Participation
All-women poll booth for the first time in Lok Sabha 2019
- Voting Rights for NRI[6]
Representation of the People (Amendment) Bill, 2018 to allow proxy voting rights for NRIs
CHALLENGES FACED BY THE ELECTION COMMISSION –
The Election Commission of India (ECI) is both highly revered as the bulwark of Indian democracy and harried by a host of applicant-logistical and legal challenges. These range from impediments to legal quandaries testing the very resilience and adaptability of this august institution-like one. The article in focus analyses challenges faced by the ECI backed by relevant case studies and legal precedents.
Money power in elections was one of the foremost challenges. The case of Bhim Singh v. Union of India (2013) underscored this problem pointedly. The petitioner contended that some exorbitantly increased expenses have rendered an ordinary citizen unable to contest elections, thus violating the right afforded under Article 14 of the Constitution.
The Court noticed the seriousness of the issue but did not intervene in the legislative domain as such, emphasizing the balancing act that the ECI has to strike between the mandate of fairness and recognition of legislative privileges.
Even more, in point of criminalization in politics, this is a very difficult challenge. If we refer to the landmark judgment in Public Interest Foundation v. Union of India (2018), where the Court directed political parties to make true and thorough disclosures of candidates’ criminal antecedents. Thus, there have always been difficulties in putting the ECI into practice. Under oath before the Supreme Court in January 2020, the ECI reiterated the severity of these issues by admitting that criminal charges were pending against over 40% of the present members of parliament.
The controversy surrounding Electronic Voting Machines (EVMs) has remained to be the thorn found lodged in the side of ECI. In Subramanian Swamy v. Election Commission of India (2013), the Supreme Court customized the use of EVMs to usher in Voter Verifiable Paper Audit Trail[7] (VVPAT), an alternate archaic method, to bolster transparency. This ruling epitomizes the constant challenge of striking a balance between technological advancement, public trust in the electoral process, and the proper and convenient use of EVMs.
Political advertising regulation raises very severe issues. In Common Cause v. Union of India (2015), the Supreme Court had to conduct a hearing on issues of paid news and the problem of political advertisements under the guise of news content. While the court directed the ECI to develop guidelines, however, with newer media converging into an impossible bubble, the survival of the Commission will be put to the test.
Another major challenge has for a long time been making elections accessible to all citizens, among them persons living with disabilities. The fact that the Rights of Persons with Disabilities Act, 2016, despite its existence, places a statutory obligation on ECI to make elections accessible calls for further grabbing attention. The introduction of such initiatives as the PwD App and Braille-enabled EVMs only begins to make slow-in hampering election access and implies keeping secrecy provisions intact.
The digital age presented new problems concerning voters’ privacy and protection of data. With the mandates being in the digital format of the golden days, fears of possible data breaches started to manifest. The bill being pending at personal data protection demands that the ECI walk a very fine line between voter privacy and transparency.
Thereafter, the execution of electoral reforms often mandated by judicial interventions remains a great test of the administrative acumen of the ECI. Lily Thomas v. Union of India (2013) is a case in point where judicial directions impact specific election realisations and require prompt and effective execution through the ECI. The judgement demanded for the immediate disqualification of convicted MPs and MLAs.
In conclusion, the plethora of challenges facing the Election Commission of India- opposing money and muscle power, combating technological advances, and following judicial mandates an extremely complex issue. In its quest to preserve and protect democracy in India, the Election Commission has to contend with many challenges right now. As democracy sees change after change in India, so will the strata of the Election Commission to tackle all these kinds of challenges should always be inspired by the constitutional command it is sworn to protect.
CONCLUSION –
The ECI is the last bastion of Indian democracy. Yet beyond running elections, it is a guardian of democratic values. That is why, in its story of trials and tribulations, the realization must dawn that its effectiveness is measured vis-a-vis the health of democratic processes.
Nehru’s aphorism “Democracy is good because at least it’s not anything worse” encapsulates the Commission’s attempt to safeguard some measure of free and fair elections. But, instead of only being a neutral referee, the Commission must undertake the role of a standard-bearer for democracy. In this sphere, the changes of our time are essential at this juncture when democratic processes, according to political scientist Larry Diamond, are in the biggest existential crisis in decades.
The laws governing political money also need to be urgently revised. With its vague electoral objectives, the existing system appears to validate the cynical statement made by American politician Jesse Unruh that “money is the mother’s milk of politics.” Combining government money for elections with a legal framework for transparency is meant to remedy this. “Transparency shines bright, reflecting Louis Brandeis’ insight that sunlight dispels darkness.”
The issue of criminalization in politics calls for immediate attention. ECI has taken certain steps to curb this, but tighter control may be desirable. Is it a good moment to consider disqualifying candidates automatically for significant crimes? This would be a policy that would align well with Mahatma Gandhi’s observation that a society is best measured by how it treats its most vulnerable people.
In modern times, the ECI must reinvent itself into a new tech-savvy institution, one that can counter misinformation and ensure digital literacy among the voters. As Barack Obama cautioned, “In the age of social media, where lies can circulate as quickly as the truth, where opinions are presented as facts, we’ve got to get a lot smarter at telling what’s true from what’s not.”
In addition, the ECI should emerge as a more proactive player in voter education and participation: “An educated citizenry is a vital requisite for our survival as a free people,” emphasized Thomas Jefferson. Programs of youth engagement, marginalized communities, and women’s participation should be at the forefront of the ECI agenda. Strengthening the ECI’s independence is essential. Involving the courts and opposition might make the Election Commissioner Appointment process more open and transparent. As B.R, AMBEDKAR puts it “Democracy extends far beyond its structural framework; it embodies a shared existence, where collective experiences and communication converge to foster a sense of community.” This perspective underscores the significance of social harmony and collaborative engagement in democratic societies
So, the ECI aspires to brace itself for any future challenge that AI may throw up in the name of influencing elections and viability in eco-friendly election processes. To blend with this transition, we should always ruminate upon Carl Sagan’s piece of advice: “For democracy to work we need citizens who can think critically and independently.”
In addition to conducting elections, the Election Commission’s main duty in maintaining India’s democracy is to uplift the spirit of the country. As stated by Abraham Lincoln, it is building the framework to ensure that “government of the people, by the people, for the people, shall not perish from the earth.” In our future endeavours, let us heedlessly examine and strengthen this indispensable institution, for it is precisely its strength that ensures Indian democracy endures.
Tough watch. But as Nelson Mandela said: “It always seems impossible until it’s done.” With a resilient, flexible, and futuristic Election Commission, India can and shall be a better nation tomorrow, a beacon of democracy in a perilously complex world.
[1] Superintendence, direction and control of elections to be vested in an Election Commission.
[2] The Mohinder Singh Gill vs. Chief Election Commissioner Case in 1978 is a landmark judgment by the Supreme Court of India that addressed the scope of the powers of the Election Commission under Article 324 of the Indian Constitution. This case is particularly significant for its interpretation of the powers of the Election Commission to conduct free and fair elections.
[3] John Kenneth Galbraith OC, also known as Ken Galbraith, was a Canadian-American economist, diplomat, public official, and intellectual. His books on economic topics were bestsellers from the 1950s through the 2000s. As an economist, he leaned toward post-Keynesian economics from an institutionalist perspective.
[4] Abbott Joseph Liebling was an American journalist who was closely associated with The New Yorker from 1935 until his death
[5] name, address and photograph corrected the PwD app facilitates PwD Voters in verifying their names in the electoral roll, enrolling them, getting their name, address and photograph corrected
[6] A person of Indian origin living abroad is known as a Non-Resident Indian (NRI). The Income-tax Act, 1961, provides different tax rules for Indian residents and NRIs. Indian-origin individuals are considered residents when they live for a certain period in India.
[7] 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.
This article has been written by Sourajit Roychowdhury, a diligent and aspiring legal scholar currently pursuing BA-LLB(H) course, at Amity University, Kolkata.
