Gajendra Singh Godara
Aug 15, 2025
20
mins read
The Election Commission of India (ECI) is a permanent and independent constitutional authority (Article 324) established to conduct free and fair elections across India (the world’s largest democracy). Headquartered in New Delhi, the ECI administers all national and state elections: for Parliament (Lok Sabha, Rajya Sabha), State Legislative Assemblies, and the offices of the President and Vice-President of India. The ECI continuously updates electoral rolls to include all eligible voters – a process it notes is “fundamental for free and fair elections”. As the guardian of India’s democracy, it uses strict oversight and transparency (e.g. the Model Code of Conduct) to uphold electoral integrity. For instance, the ECI successfully oversaw India’s 2019 general elections.
For more on constitutional bodies (including the ECI), see PadhAI’s guide on Constitutional Bodies: Constitutional Bodies for UPSC: A Comprehensive Guide to Their Roles, Functions & Removal - PadhAI
The Election Commission of India is in news for the controversial revision of electoral rolls in Bihar, leading to allegations of voter disenfranchisement and protests by opposition parties.
The Supreme Court is currently hearing petitions challenging the Special Intensive Revision, with wider implications for electoral transparency, fairness, and preparation for upcoming elections, making it a relevant issue for UPSC.
Table of content
Electronic Voting Machines (EVMs): Introduced 1977, piloted 1982 for tamper‑proof voting.
VVPAT (2013): Voter‑Verified Paper Audit Trail to enhance transparency.
SVEEP (2009): Systematic Voters’ Education & Electoral Participation drives awareness.
cVIGIL App (2018): Citizen reporting of Model Code of Conduct violations.
NERPAP (2015): National Electoral Roll Purification & Authentication Programme for error‑free rolls.
International Cooperation: Founding member of A‑WEB & Commonwealth Electoral Network.
Prior to October 1989, the ECI functioned as a single-member body; following legislative amendments, it expanded into a multi-member commission.
Evolution of the Commission’s Structure
Single‑Member Body (1950–Oct 1989):
ECI began as a lone Chief Election Commissioner, overseeing all elections centrally.
Transitional Phase (Oct 1989–1993):
Two Election Commissioners were first introduced in October 1989 by legislative amendment, creating a multi‑member body on a trial basis.
Permanent Multi‑Member Body (Since 1993):
The Commission was formally solidified as a three‑member body (CEC + 2 ECs), enhancing collective decision‑making and control over electoral conduct.
The table below highlights the permanent and independent constitutional basis of the Election Commission of India, defining its power to conduct elections, safeguard voter rights, and limit judicial interference.
Provision | Details |
Article 324 | Empowers the Election Commission to supervise, direct & control the conduct of all elections to Parliament and state legislatures, and to prepare and revise electoral rolls. |
Article 325 | Guarantees every citizen’s right to vote by prohibiting exclusion from electoral rolls on grounds of religion, race, caste, or sex—ensuring inclusive elections in India. |
Article 326 | Establishes adult suffrage: all Indian citizens aged 18+ have the vote in elections to the Lok Sabha and state assemblies. |
Article 327 | Grants Parliament the authority to legislate on all matters related to the conduct of elections to Parliament and state legislatures—including setting rules for nomination, campaigning, and polling. |
Article 328 | Empowers state legislatures to make laws governing the conduct of elections within their respective states, complementing the ECI’s central oversight role. |
Article 329 | Prohibits any judicial interference in the conduct of elections, preserving the independence of the Election Commission of India and protecting decisions made by the Chief Election Commissioner and ECs. |
For more on Important Supreme Court Judgements of India, see PadhAI’s guide on 40 Most Important Supreme Court Judgements of India : Landmark Judgements UPSC
The Commission is headed by the Chief Election Commissioner (CEC) and two other Election Commissioners, forming a multi-member body. Members are appointed for up to 6-year terms (or until age 65).The President of India appoints the Chief Election Commissioner of India.
In Feb 2025, Election Commissioner Gyanesh Kumar was appointed as the new CEC (to serve until Jan 2029, overseeing upcoming state and presidential elections).The 2023 Act introduced a formal selection panel (headed by the Law Minister, including the PM and Leader of Opposition) for recommending CEC/EC appointments, increasing transparency in the process.
Specification | Details |
Qualifications | - Must be holding or have held a post equivalent to Secretary to the Government of India. - Should possess integrity and experience in managing and conducting elections. |
Search Committee | Composition: - Headed by the Minister of Law and Justice. - Includes two senior officials (rank of Secretary or above). Function: - Prepares a panel of 5 eligible candidates for the post of Chief Election Commissioner (CEC) and Election Commissioners (ECs). |
Term of Office | - Tenure: 6 years or until the age of 65, whichever is earlier. - If an Election Commissioner becomes the Chief Election Commissioner, the combined tenure cannot exceed 6 years. - Reappointment is not permitted. |
Salary and Benefits | - Salary and service conditions are equivalent to those of a Supreme Court Judge (₹2,50,000/month). - Same rank, status, and perks as a judge of the apex court. |
Resignation and Removal | Resignation: CEC or EC may resign by writing to the President of India. Removal: - CEC: Can be removed in the same manner as a Supreme Court Judge (by Parliament through special majority). - ECs: Can be removed by the President only on the recommendation of the Chief Election Commissioner. |
Legal Protection | - The CEC and ECs are protected from civil or criminal proceedings for any actions or words spoken in their official capacity under Article 324. - This ensures their independence while discharging duties related to elections. |
Scope of Elections: The ECI conducts elections for the Lok Sabha, State Assemblies, and the offices of President and Vice-President. It does not conduct local body (municipal/panchayat) polls.
Scheduling: The Commission announces election dates, sets polling schedules, and notifies all related procedures.
Electoral Rolls: The Commission prepares and continually updates the voter rolls for every constituency. Special and annual revision drives add new entries and remove ineligible names.
Voter Registration: Citizens can register via ECI portals and apps. The Commission conducts special enrollment drives (e.g. in schools and government offices) to include young and marginalized voters.
Political Parties: The ECI registers national and state parties, allots symbols, and adjudicates any disputes regarding party recognition.
Model Code of Conduct: Before elections, the ECI enforces the MCC for parties/candidates to prevent misuse of office or corruption.
Voting Machines: India uses Electronic Voting Machines (EVMs) with VVPATs. The ECI introduced these to ensure efficiency and transparency; it maintains that EVMs are “tamper-proof”
Supervision: The ECI oversees nominations and campaign conduct, and can cancel or re-order polls in areas where malpractices occur.
Decision by Majority: Any split decision among the three commissioners is resolved by majority decision.
Advisory role: ECI advises the President or Governor on matters related to the disqualification of members of Parliament and state legislatures, especially in cases involving corrupt electoral practices.
Quasi-Judicial role: ECI can disqualify candidates for failing to submit election expense accounts and resolve disputes regarding the recognition of political parties and the allocation of election symbols.
Administrative role: ECI handles the delimitation of electoral constituencies, voter registration, updating of electoral rolls, and scheduling of election dates.
Constitutional Mandate: Article 324 grants the ECI “superintendence, direction and control” over elections to Parliament and state legislatures (and by extension the President/Vice-President).
Election Planning: It notifies election schedules and oversees all polling arrangements (venues, staffing, security).
Electoral Rolls: It prescribes the conduct of roll preparation and has statutory authority to inspect voter lists, ensuring they include all adult citizens.
Party Regulation: The ECI can register or withdraw recognition of political parties, allocate symbols, and act on internal party democracy issues.
Enforcement: It can transfer or suspend election officials, and penalize or disqualify offenders (e.g. cancel polls in areas affected by fraud or violence).
Observers and Staff: It appoints returning officers, observers, and election officers to conduct polls, and may requisition government staff (police, etc.) to ensure elections run smoothly.
The ECI dispatches independent observers and monitoring teams to polling booths and counting centers for every election. These officials report irregularities directly to the Commission.
It uses technology: webcasting (live video) from select polling stations, mobile apps and hotlines for real-time reporting of violations.
Flying Squads patrol during polls to stop distribution of cash, liquor or freebies.
These measures (observers, webcasting, squads) work together to ensure the election process is smooth and corruption-free.
Questionable Autonomy
Selection Process: Search and Select Committees are dominated by government representatives, undermining independence
Removal of ECs: Election Commissioners (ECs) can be removed based solely on the Chief Election Commissioner’s recommendation, unlike the CEC.
Post‑retirement Employment: The 2023 Act bans reappointment but remains silent on future appointments of CEC/ECs to government posts after retirement.
Lack of Independent Staff: The ECI relies on deputed government officers rather than a permanent dedicated workforce, constraining its autonomy.
Operational Issues
Limited Powers: The ECI cannot de‑register political parties even for serious violations
Electoral Roll Management: Persistent issues like duplicate entries, deceased or migrated voters, and exclusion of eligible electors continue to afflict the roll database
Electoral Malpractices: Vote‑buying, booth capturing and misuse of money and muscle power undermine fair elections.
Inclusivity & Voter Turnout: Over 30 crore electors still fail to vote due to migration, awareness gaps, or logistical obstacles
Security Concerns: Safeguarding voters, candidates, and officials in politically sensitive regions remains challenging.
Emerging Challenges
Social Media & Disinformation: Rapid spread of fake news and deepfakes via AI-based tools threatens the credibility of the electoral process.
Institutional Independence
Transparent Appointments: Adopt a collegium system (PM, Leader of Opposition in Lok Sabha, CJI) per the SC’s Anoop Baranwal ruling until Parliament enacts a new law.
Equal Tenure Protection: Extend the CEC’s removal safeguards (Parliamentary super‑majority) to ECs, as recommended by the 255th Law Commission.
Ban Post‑Retirement Posts: Prohibit the CEC and ECs from holding any government office after retirement, except EC→CEC elevation (Dinesh Goswami Committee, 1990).
Independent Secretariat: Establish a permanent, dedicated ECI secretariat to reduce reliance on deputed officers (255th Law Commission).
Dedicated Human Resources
Create an autonomous cadre of election officers—replacing deputed staff—to improve operational control, accountability, and institutional autonomy.
Roll & Data Integrity
Digital Linkages: Integrate electoral rolls with death and migration registries; publish booth‑level turnout (Form 17C) in real time.
Enhanced SIR & Outreach: Strengthen Special Intensive Revision drives and targeted voter education for migrants and marginalized communities.
Electoral Research Hub: Set up a Centre for Electoral Roll Research & Studies to drive data‑led innovations and continuous improvement.
Regulatory Powers
Amend election laws to empower the ECI to de-register political parties after repeated serious violations.
Rigorously enforce spending limits and mandate full transparency of candidate and party expenditures.
Technology & Voter Services
AI & Biometric Verification: Deploy AI‑powered fraud detection, facial recognition, and real‑time Aadhaar‑linked voter authentication.
Remote Voting Pilots: Launch Multi‑Constituency Remote Voting Machines (RVMs) to enable domestic migrants to cast votes for up to 72 constituencies from a single booth.
BLO Empowerment: Train and equip Booth Level Officers with digital tools for seamless voter onboarding and grievance redressal.
Combating Misinformation
Partner with social media platforms to detect and flag deepfakes, AI‑generated content, and coordinated disinformation.
Integrate media‑literacy modules into SVEEP campaigns to build voter resilience against fake news.
Boosting Participation
Expand SVEEP electoral literacy drives to urban migrants, first‑time voters, and underrepresented groups.
Explore flexible voting options-proxy voting, postal ballots, and e‑ballots-for remote or differently‑abled electors.
Impose a “one candidate, one constituency” rule to curb excessive campaigning costs and complexity.
Prelims
Q. Consider the following statements: (2017)
The Election Commission of India is a five-member body.
The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only
Ans: (d)
Mains
Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)
Q. What is the Election Commission of India?
A.It is an independent constitutional body (Article 324) that oversees India’s elections (Parliament, state legislatures, President and Vice-President elections).
Q. Who appoints the Chief Election Commissioner and what is the term? The A.President appoints the CEC (and other ECs). Each serves a term of 6 years or until age 65.
Q. How can the Chief Election Commissioner be removed?
A.The CEC can only be removed like a Supreme Court judge—by a Presidential order on proven misbehavior/incapacity, with a two-thirds majority in Parliament.
Q. What are the ECI’s main functions?
A.It supervises all parliamentary and state elections, updates voter rolls, registers parties, enforces the Model Code of Conduct, and ensures free and fair polling.
Q. How does the ECI ensure free and fair elections?
A.It uses measures like EVM/VVPAT voting, deploys observers at polling stations, and takes action (re-polls or cancellations) against any violations.
The Election Commission of India (ECI) is the guardian of India’s democracy. As an independent constitutional authority, it has earned international respect for conducting free and fair elections. With its robust structure (a CEC and two ECs) and secure tenure provisions, the ECI remains impartial and authoritative. Its initiatives – from rigorous electoral roll revisions to the adoption of EVM/VVPAT machines – have greatly enhanced electoral integrity. The Commission emphasizes that “free and fair elections are the cornerstone of democracy” and continually modernizes the process. By leveraging technology (such as voter apps and webcasting) and transparent practices (publishing results and expense data), it fosters public trust.
Internal Linking Suggestions
How to Begin Your UPSC Preparation : The Ultimate Guide For Beginners
UPSC Previous Year Question Papers with Answers PDF - Prelims & Mains (2014-2024)
40 Most Important Supreme Court Judgements of India : Landmark Judgements UPSC
Article 32 of the Indian Constitution: Right to Constitutional Remedies, 5 Writs, Significance
Parliamentary Committees in India: Functions, Types & Significance, UPSC Notes
GST Council (Goods and Services Tax Council): Constitutional Provisions, Functions, Way Forward
External Linking Suggestions
UPSC Official Website – Syllabus & Notification: https://upsc.gov.in/
Press Information Bureau – Government Announcements: https://pib.gov.in/
NCERT Official Website – Standard Books for UPSC: https://ncert.nic.in
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