Election Commission : Strengthening the Election Commission: Upholding Institutional Credibility for APSC
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APSC Mains Model Answers
Topic Wise APSC Mains Questions Answers
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APSC Mains Important Questions and Answers
The Election Commission, its Strengthening and Upholding Institutional Credibility is an very important topic for APSC Main exam. Therefore, aspirants are advised to read this most important APSC Mains question & answer the Election Commission in order to answer the questions :
Election Commission : Strengthening the Election Commission: Upholding Institutional Credibility for APSC Mains
When India adopted democracy, the path to democracy was rough, as democratic institutions in pre-independent India were not allowed to be functioned democratically. Competitive nature of election is an essential requirement for a functioning democracy.
That electoral democracy became a reality in India owes a great deal to the foresight of the Constituent Assembly. The Constitution of India provides for periodic elections, which ensure democratic transfer of political power from one set of representatives to other. The Election Commission of India, a non-partisan constitutional body, conducts the largest electoral exercise in the world.
Composition and Authority of the Election Commission of India ::
Since its inception, the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body. According to Art. 324 of the Indian Constitution provides the following provisions in relation to the composition of the election commission –
The Election Commission consists of the chief election commissioner and such number of other election commissioners, determined by the President.
The President appoints Chief Election Commissioner and Election Commissioners.
Chief election commissioner acts as the chairman of the election commission when other election commissioners are appointed.
The President may also appoint regional commissioners after consultation with the election commission.
The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the PRESIDENT OF INDIA.
The Chief Election Commissioner and the two other Election Commissioners enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
The Chief Election Commissioners and the two Election Commissioners have equal powers to take all decisions relating to elections as a collective body.
In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.
Powers of the Election Commission of India::
Constitutional Authority: The ECI is a constitutional body, governed by Article 324 of the Indian Constitution, giving it the authority over the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
Appointment and Tenure: The President appoints the Chief Election Commissioner and Election Commissioners, who have a tenure of six years or up to the age of 65 years, enjoying the same status as Judges of the Supreme Court of India. The Chief Election Commissioner can only be removed through impeachment by Parliament.
Advisory Jurisdiction and Disqualification Powers: The ECI can advise on post-election ineligibility of members of Parliament and State Legislatures and can recommend disqualification for dishonest practices at elections. It can also prohibit candidates who fail to lodge an account of their election expenses within the set time and manner.
Delimitation and Electoral Rolls: It decides the territorial areas of electoral constituencies and organizes and amends electoral rolls. It also sets dates and schedules for elections, scrutinizes nomination papers, and grants recognition to political parties, allotting election symbols to them.
Model Code of Conduct: The ECI issues the Model Code of Conduct during elections to maintain the decorum of democracy, regulates political parties, and monitors campaign expenditure limits.
Appointment of Officers: The ECI appoints various officers like the Chief Electoral Officer, District Election Officer, Returning Officer, and Electoral Registration Officer to supervise election work at different levels.
General Election Management: The Commission supervises, directs, controls, and conducts all elections to the Parliament and State Legislatures, as well as the offices of the President and Vice-President of India.
Challenges and Criticisms Faced by the Election Commission of India ::
The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
The Constitution has not specified the term of the members of the Election Commission.
The Constitution has not debarred the retiring election commissioners from any further appointment by the government.
Over the year’s influence of money and criminal elements in politics has increased along with violence and electoral malpractices resulting in criminalization of politics. (Eg -Delhi elections goli maro launching of Namo tv, freebies, biopic, ASAT mission, etc.) The Election Commission of India has been unable to arrest this deterioration.
There has been rampant abuse of power by the state govt who at times make large-scale transfers on the eve of elections and posts pliable officials in key positions, using official vehicles and buildings for electioneering, flouting the ECI’s model code of conduct.
The ECI is not adequately equipped to regulate political parties. The Election Commission of India has no power in enforcing inner-party democracy and regulation of party finances.
In recent years, an impression is gaining ground that the Election Commission is becoming less and less independent of the Executive which has impacted the image of the institution.
One of the major institutional drawbacks is non- transparency in election of CEC and other two commissioners and is based on the choice of presiding government.
There have been allegations of EVMs malfunctioning, getting hacked and not registering votes which corrodes general masses’ trust from the institution.
Anonymous feature of Electoral Bonds, in which neither the donor nor the political party is obligated to reveal whom the donation comes from, defeats the fundamental principle of transparency in politics.
Steps to Strengthen the Election Commission of India ::
The ECI has been successfully conducting national as well as state elections since 1952. In recent years, however, the Commission has started to play the more active role to ensure greater participation of people.
Article 324(5) of the Constitution should be amended to equate the removal procedures of the two Election Commissioners with that of the Chief Election Commissioner. Thus, equal constitutional protection should be given to all members of the ECI in matters of removability from office.
The appointment of all the Election Commissioners, including the CEC, should be made by the President in consultation with a three-member collegium or selection committee, consisting of the Prime Minister; the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha in terms of numerical strength); and the Chief Justice of India.
Establishment of an independent selection committee comprising diverse stakeholders to oversee appointments.
Enactment of legislation providing statutory safeguards for Election Commissioners and transparent funding mechanisms.
Empowerment of the ECI to impose proportional punishments for electoral violations and enhance electoral integrity through technological integration.
Promotion of inclusive participation by addressing accessibility issues and collaborating with international electoral management bodies.
Embracing international collaboration to facilitate knowledge exchange and capacity-building initiatives.
Major Shortcomings ::
The election process has deteriorated, political competition has intensified, and political actors have stepped up violence and electoral malpractices. The ECI has been unable to arrest this deterioration.
Several State governments make large-scale transfers on the eve of elections and posted pliable officials in key positions, who sometimes flout the ECI’s orders.
In response, ECI has reprimanded the politicians for violating the Model Code of Conduct, postponed/ canceled elections if their credibility was compromised, intensified supervision of elections, and insisted on action against errant officials.
The ECI is not adequately equipped to regulate the political parties. The ECI has no power in enforcing inner-party democracy and regulation of party finances.
In the recent years, an impression is gaining ground that the Election Commission is becoming less and less independent of the Executive than in the earlier years of Independence because the choice of the Chief Election Commissioner has not always been based on criteria, which would command the confidence of all sections of public opinion.
Conclusion ::
Looking ahead, the future of the Election Commission of India lies in its ability to adapt to technological advancements, strengthen regulatory frameworks, promote inclusive participation, and uphold democratic principles. By empowering the Election Commission and enhancing its capacity to regulate and oversee elections effectively, India can reaffirm its commitment to democratic governance and foster trust and confidence among its citizens in the electoral system.
Must Read : Benefits, Debates and Challenges for Electoral Bonds
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