2. INTRODUCTION
• The Election Commission of India is an
autonomous, constitutionally established federal authority
responsible for administering all the electoral processes in the
Republic of India. Under the supervision of the commission, free
and fair elections have been held in India at regular intervals as per
the principles enshrined in the Constitution. The Election
Commission has the power of superintendence, direction and
control of all elections to the Parliament of India and the state
legislatures of elections to the office of the President of India and
the Vice President of India.. The commission consists of a Chief
Election Commissioner(CEC) and two Election Commissioners(EC),
appointed by the President Of India.
3. FUNCTIONS & POWERS
1. Guardian of Free and Fair Elections
• One of the most important features of the democratic polity is elections at
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 system.
It is part of basic structure of the Constitution which has been held in T. N.
Sheshan V/s Union of India. The Commission has taken many efforts for
the success of elections and thereby democracy.
4. FUNCTIONS & POWERS
2. Model Code of Conduct
• The Election Commission is regarded as guardian of free and fair elections.
In every election, it issues a Model code of Conduct for political parties
and candidates to conduct elections in free and fair manner. The
Commission issued the code for the first time in 1971 (5th Election) and
revised it from time to time. It lay down guidelines for conduct of political
parties & candidates during elections. However, there are instances of
violation of code by the political parties and complaints are received for
misuse of official machinery by the candidates.
• In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner, the Kerala
High Court held that the object of model code of conduct is not to stop all
governmental activities but only those actions which may directly
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 has only a
persuasive effect. It contains what, known as "rules of electoral morality".
But this lack of statutory backing does not prevent the Commission from
enforcing it.
5. FUNCTIONS & POWERS
3. Registration of Political Parties
• A law regarding to this registration process was enacted in 1989 and number of
parties got registered with Commission.[8] It helps to avoid confusion and headache
of the administrative machinery as well as confusion of the electorate. It ensures
that political parties can practice democracy only by their registration.
4. Limits on Poll Expenses
• To get rid of the growing influences and vulgar show of money during elections the
Election Commission has made many suggestions in this regard. The Election
Commission has fixed the legal limits on the amount of money which a candidate
can spend during election campaigns. These limits have been revised from time to
time. The Election Commission by appointing observers keeps an eye on the
individual account of election expenditure. The contestants are also required to give
details of expenditure with 30 days of declaration of results. However, political
parties do not adhere to the financial ‘Lakshman Rekha’ as huge amount are spent
by parties under the garb of their supporters.
• The campaign period was reduced by the Election Commission from 21 to 14 days
for Lok Sabha and Assembly elections; it is for to trim down election expenditure.
The Election Commission’s this attempt to impose these measures has been a move
in the right direction. Moreover, Election Commission takes details of the
candidate's asset on affidavit at the time of submitting nomination paper.
6. FUNCTIONS & POWERS
5. Prohibition on Publication
• The Commission can issue an order for prohibition of publication and disseminating of results
of opinion polls (Exit Polls).
6. Quasi judicial powers
• Under the Constitution, the Commission also has advisory jurisdiction in the matter of post
election disqualification of sitting members of Parliament found guilty of corrupt practices at
elections which come before the Supreme Court and High Courts. The Courts refer to the
Commission for its opinion on the question as to whether such person shall be disqualified
and, if so, for what period. The opinion 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. The
Commission has the power to disqualify a candidate who has failed to lodge an account of his
election expenses within the time and in the manner prescribed by law. The Commission has
also the power for removing or reducing the period of such disqualification as also other
disqualification under the law.
7. Booth Level Officer
• Booth Level Officer (BLO) is a local Government/Semi-Government official, familiar with
the local electors and generally a voter in the same polling area who assists in updating the
roll using his local knowledge. BLO is a representative of Election Commission of India
(ECI) at the grass-root level who plays a pivotal role in the process of roll revision and
collecting actual field information with regard to the roll corresponding to the polling area
assigned to him.Under Section 13B (2) of Representation of People Act, 1950, BLOs are
appointed from 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 the concept of appointing BLOs who would be accountable for ensuring
the fidelity of electoral roll.
7. CONDITIONS OF SERVICE
• The CEC and the ECs placed at par in matters of salary and
allowances and it is the same as that of a judge of Supreme Court.
• Tenure of CEC and ECs fixed as 6 years subject to the maximum age
limit of 65 years.
• The CEC and ECs all have equal powers in matters of decision
making.
• In case of difference, decisions are taken by opinion of majority.
• The Commission takes all the elections by consensus.
• The CEC shall not be removed from his office except in the like
manner and on the like grounds as a judge of the Supreme Court.
• Service conditions cannot be varied to his disadvantage after his
appointment.
• The ECs cannot be removed except on the CEC’s recommendation.
9. WHEN ELECTIONS TAKE PLACE?
• Term of Parliament & Assembly - 5years (except J & K
Assembly where it is 6 years)
• House can be dissolved before its term ends
• Dates decided by the Commission. No consultation done with
any Government
• Commission can call for elections six months prior to the date
on which normal tenure of Assembly or Parliament expires.
• 14 General elections since 1952.
• Bye-elections when a seat falls vacant. Normally held within 6-
months of vacancy. No Bye-elections if vacancy for less than
one year
10. Time and mode of election campaigns
• Campaign period of about 13 days or more
• Ends 48 hours before polling closes
• Parties issue manifestoes
• Slogans, Door-to-door campaigning etc.
• Posters, meetings, processions etc.
11. WOMEN Participation
Women seats
• No specific law for reservation of seats as yet
• Political parties expected to put up women candidates in reasonable
numbers
Facilities on the polling stations
• Separate Queue for women voters
• At least one lady officer posted in every polling station
• Lady officer alone can see and verify “pardhanasheen” ladies ( Ladies
wearing veils)
12.
13. RIGHT TO VOTE
• Any citizen over 18 can vote can vote
• Voting right denied to certain class of people:
criminal convicts of certain class
person convicted of electoral offence
person of unsound mind
There is no compulsion to vote
• Voting statistics
57.94% in 1996
61.97% in 1998
59.01% in 1999
58.07% in 2004