election commission of india (01)

7/29/2019 Election Commission of India (01)

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ELECTION COMMISSION OF INDIA

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. Election Commission of India is a permanent body governed by rules

specified in the constitution. The Election Commission was established on 25

January 1950. The Election Commission has the power of superintendence, direction

and control of all elections to parliament and the state legislatures and of elections to

the office of the President and Vice-President.

The commission consists of a Chief Election Commissioner (CEC) and two Election

Commissioners, appointed by the president of India. Two additional Commissioners

were appointed to the commission for the first time on 16 October 1989 but they had

a very short tenure till 1 January 1990. Later, on 1 October 1993, two additional

Election Commissioners were appointed. The concept of multi-member Commission

has been in operation since then, with decision making power by majority vote. The

current CEC is V Sundaram Sampath.

The Chief Election Commissioner can be removed from his office by Parliament

with two-thirds majority in Lok Sabha and Rajya Sabha on the grounds of proven

misbehaviour or incapacity. Other Election Commissioners can be removed by the

President on the recommendation of the Chief Election Commissioner. The Chief

Election Commissioner and the two Election Commissioners draw salaries and

allowances at par with those of the Judges of the Supreme Court of India as per

the Chief Election Commissioner and other Election Commissioners (Conditions of

Service) Rules, 1992. All three commissioners have equal rights of decision making.
http://en.wikipedia.org/wiki/Constitution_of_Indiahttp://en.wikipedia.org/wiki/Chief_Election_Commissioner_of_Indiahttp://en.wikipedia.org/wiki/Election_Commissioner_of_Indiahttp://en.wikipedia.org/wiki/Election_Commissioner_of_Indiahttp://en.wikipedia.org/wiki/President_of_Indiahttp://en.wikipedia.org/wiki/V._S._Sampathhttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Rajya_Sabhahttp://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttp://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttp://en.wikipedia.org/wiki/Rajya_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/V._S._Sampathhttp://en.wikipedia.org/wiki/President_of_Indiahttp://en.wikipedia.org/wiki/Election_Commissioner_of_Indiahttp://en.wikipedia.org/wiki/Election_Commissioner_of_Indiahttp://en.wikipedia.org/wiki/Chief_Election_Commissioner_of_Indiahttp://en.wikipedia.org/wiki/Constitution_of_India


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FUNCTIONS OF ELECTION COMMISSION

A Constitutional BodyIndia is a Socialist, Secular, Democratic Republic and the largest democracy in the

World. The modern Indian nation state came into existence on 15th of August 1947.

Since then free and fair elections have been held at regular intervals as per the

principles enshrined in the Constitution, Electoral Laws and System.

The Constitution of India has vested in the Election Commission of India the

superintendence, direction and control of the entire process for conduct of elections

to Parliament and Legislature of every State and to the offices of President and Vice-

President of India.

Election Commission of India is a permanent Constitutional Body. The Election

Commission was established in accordance with the Constitution on 25th January

1950.

Originally the commission had only a Chief Election Commissioner. It currently

consists of Chief Election Commissioner and two Election Commissioners.

For the first time two additional Commissioners were appointed on 16th October

1989 but they had a very short tenure till 1st January 1990. Later, on 1st October

1993 two additional Election Commissioners were appointed. The concept of multi-

member Commission has been in operation since then, with decision making power

by majority vote.

Appointment & Tenure of CommissionersThe President appoints Chief Election Commissioner and Election Commissioners.

They have tenure of six years, or up to the age of 65 years, whichever is earlier. They

enjoy the same status and receive salary and perks as available to Judges of the


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Supreme Court of India. The Chief Election Commissioner can be removed from

office only through impeachment by Parliament.

Transaction of BusinessThe Commission transacts its business by holding regular meetings and also by

circulation of papers. All Election Commissioners have equal say in the decision

making of the Commission. The Commission, from time to time, delegates some of

its executive functions to its officers in its Secretariat.

The SetupThe Commission has a separate Secretariat at New Delhi, consisting of about 300

officials, in a hierarchical set up.

Two or three Deputy Election Commissioners and Director Generals who are the

senior most officers in the Secretariat assist the Commission. They are generallyappointed from the national civil service of the country and are selected and

appointed by the Commission with tenure. Directors, Principal Secretaries, and

Secretaries, Under Secretaries and Deputy Directors support the Deputy Election

Commissioners and Director Generals in turn. There is functional and territorial

distribution of work in the Commission. The work is organised in Divisions,

Branches and sections; each of the last mentioned units is in charge of a Section

Officer. The main functional divisions are Planning, Judicial, Administration,

Systematic Voters Education and Electoral Participation, SVEEP, Information

Systems, Media and Secretariat Co-ordination. The territorial work is distributed

among separate units responsible for different Zones into which the 35 constituent

States and Union Territories of the country are grouped for convenience of

management.


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

direction and control of the Commission, by the Chief Electoral Officer of the State,

who is appointed by the Commission from amongst senior civil servants proposed by

the concerned state government. He is, in most of the States, a full time officer and

has a small team of supporting staff.

At the district and constituency levels, the District Election Officers, Electoral

Registration Officers and Returning Officers, who are assisted by a large number of

junior functionaries, perform election work. They all perform their functions relating

to elections in addition to their other responsibilities. During election time, however,

they are available to the Commission, more or less, on a full time basis.

The gigantic task force for conducting a countrywide general election consists of

nearly five million polling personnel and civil police forces. This huge election

machinery is deemed to be on deputation to the Election Commission and is subject

to its control, superintendence and discipline during the election period, extending

over a period of one and half to two months.

Budget & ExpenditureThe Secretariat of the Commission has an independent budget, which is finalised

directly in consultation between the Commission and the Finance Ministry of the

Union Government. The latter generally accepts the recommendations of the

Commission for its budgets. The major expenditure on actual conduct of elections is,

however, reflected in the budgets of the concerned constituent units of the Union -

States and Union Territories. If elections are being held only for the Parliament, the

expenditure is borne entirely by the Union Government while for the elections being

held only for the State Legislature, the expenditure is borne entirely by the concerned

State. In case of simultaneous elections to the Parliament and State Legislature, the

expenditure is shared equally between the Union and the State Governments. For


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Capital equipment, expenditure related to preparation for electoral rolls and the

scheme for Electors' Identity Cards too, the expenditure is shared equally.

Executive Interference BarredIn the performance of its functions, Election Commission is insulated from executive

interference. It is the Commission which decides the election schedules for the

conduct of elections, whether general elections or bye-elections. Again, it is the

Commission which decides on the location polling stations, assignment of voters to

the polling stations, location of counting centres, arrangements to be made in and

around polling stations and counting centres and all allied matters.

Political Parties & the CommissionPolitical parties are registered with the Election Commission under the law. The

Commission ensures inner party democracy in their functioning by insisting upon

them to hold their organizational elections at periodic intervals. Political Parties so

registered with it are granted recognition at the State and National levels by the

Election Commission on the basis of their poll performance at general elections

according to criteria prescribed by it. The Commission, as a part of its quasi-judicial

jurisdiction, also settles disputes between the splinter groups of such recognised

parties.

Election Commission ensures a level playing field for the political parties in election

fray, through strict observance by them of a Model Code of Conduct evolved with

the consensus of political parties.

The Commission holds periodical consultations with the political parties on matters

connected with the conduct of elections; compliance of Model Code of Conduct and

new measures proposed to be introduced by the Commission on election related

matters.


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Advisory Jurisdiction & Quasi-Judicial FunctionsUnder the Constitution, the Commission also has advisory jurisdiction in the matter

of post election disqualification of sitting members of Parliament and State

Legislatures. Further, the cases of persons found guilty of corrupt practices at

elections which come before the Supreme Court and High Courts are also referred 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.

Judicial ReviewThe decisions of the Commission can be challenged in the High Court and the

Supreme Court of the India by appropriate petitions. By long standing convention

and several judicial pronouncements, once the actual process of elections has started,

the judiciary does not intervene in the actual conduct of the polls. Once the polls are

completed and result declared, the Commission cannot review any result on its own.

This can only be reviewed through the process of an election petition, which can befiled before the High Court, in respect of elections to the Parliament and State

Legislatures. In respect of elections for the offices of the President and Vice

President, such petitions can only be filed before the Supreme Court.


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Media PolicyThe Commission has a comprehensive policy for the media. It holds regular briefings

for the mass media-print and electronic, on a regular basis, at close intervals during

the election period and on specific occasions as necessary on other occasions. The

representatives of the media are also provided facilities to report on actual conduct of

poll and counting. They are allowed entry into polling stations and counting centres

on the basis of authority letters issued by the Commission. They include members of

both international and national media. The Commission also publishes statistical

reports and other documents which are available in the public domain. The library of

the Commission is available for research and study to members of the academic

fraternity; media representatives and anybody else interested.

The Commission has, in co-operation with the state owned media - Doordarshan and

All India Radio, taken up a major campaign for awareness of voters. The Prasar

Bharti Corporation which manages the national Radio and Television networks, has

brought out several innovative and effective short clips for this purpose.

Voter EducationVoters Participation in the democratic and electoral processes is integral to the

successful running of any democracy and the very basis of wholesome democratic

elections. Recognising this, Election Commission of India, in 2009, formally adopted

Voter Education and Electoral participation as an integral part of its election

management.

International Co-operationIndia is a founding member of the International Institute for Democracy and

Electoral Assistance (IDEA), Stockholm, Sweden. In the recent past, the

Commission has expanded international contacts by way of sharing of experience


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and expertise in the areas of Electoral Management and Administration, Electoral

Laws and Reforms. Election Officials from the national electoral bodies and other

delegates from the several countries - Russia, Sri Lanka, Nepal, Indonesia, South

Africa, Bangladesh, Thailand, Nigeria, Namibia, Bhutan, Australia, the United States

and Afghanistan etc. have visited the Commission for a better understanding of the

Indian Electoral Process. The Commission has also provided experts and observers

for elections to other countries in co-operation with the United Nations and the

Commonwealth Secretariat.

New InitiativesThe Commission has taken several new initiatives in the recent past. Notable among

these are, a scheme for use of State owned Electronic Media for broadcast/telecast by

Political parties, checking criminalisation of politics, computerisation of electoral

rolls, providing electors with Identity Cards, simplifying the procedure for

maintenance of accounts and filling of the same by candidates and a variety of

measures for strict compliance of Model Code of Conduct, for providing a level

playing field to contestants during the elections.

ROLE OF ELECTION COMMISSION

The Preamble to the Constitution declares India to be a Democratic , Republic. All of

us who are working fo protection and upholding the civil rights of the citizen of India

are deeply concerned with democratic policy of the country. Democracy is

regarded as a basic feature of the Constitution.

Indian law does not allow those awaiting trial to vote but there is no bar on people

fighting elections from jail if not yet convicted. The Election Commission has

ordered all candidates to clearly state in an affidavit the number of the cases

pending against them.


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Close to 40 per cent of Lok Sabha candidates belonging to the leading political

parties in face criminal charges that range from assault, extortion, rioting, attempt to

murder and defamation. At least 18 people facing serious criminal charges,

including the alleged mastermind behind the leak of papers for entrance tests to

management institutes, are contesting the parliamentary elections from Bihar. The

High Court has said that candidates with criminal records and lodged in jail have no

right to contest the elections. The fact that the voting rights of prisoners with a

criminal background are suspended under election laws gives additional support to

this new ruling.While some of the political parties appreciate and support the High

Court's stand, there are a few others who prefer to be silent on this ruling.

The Indian Election Commission has in recent years tried to tackle the problem of

criminal politicians by making it harder for candidates with criminal records to stand

for election. But the trouble is that the cases against many candidates have not been

proved. In fact, it is hard to find a single case of a politician being sent to jail for

corruption in Independent India

In 1997, the Election Commission issued an order requiring candidates to submit

affidavits about their convictions for any of the above criminal offences. However

there was no provision in the election law to make this information available to the

voter. The Law Commission gave voice to the growing feeling among Voters that it

was not enough to disqualify criminals found guilty by a court

In the last general elections , it's estimated that around 1,000 candidates who were

alleged to have committed a wide range of crimes stood for election. These varied

from murder, theft and rape to extortion and banditry.

CHIEF ELECTION COMMISSIONER OF INDIA

The Chief Election Commissioner heads the Election Commission of India.

The President of India appoints the Chief Election Commissioner and two Election


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Commissioners. They have tenure of six years, or up to the age of 65 years,

whichever is earlier. The Chief Election Commissioner can be removed from office

only through impeachment by Parliament.

The Election Commissioner of India is a member of Election Commission of India, a

body constitutionally empowered to conduct free and fair elections to

the national and state legislatures. He is usually a member of the Indian Civil

Service and mostly from the Indian Administrative Service or the Indian Revenue

Service.

Until 16 October 1989, the commission had only a Chief Election Commissioner, but

later two additional Election Commissioners were added. Thus, the Election

Commission currently consists of the Chief Election Commissioner and two ElectionCommissioners. The decisions of the commission are taken by a majority vote.At

Present V. S. Sampath is the Chief Election Commissioner and Other Two Election

Commissioners are Harishankar Brahma And Syed Nasim Ahmad Zaidi.

MEASURES ADOPTED BY ELECTION COMMISSION TO

ENSURE FREE AND FAIR ELECTIONS

Taking due cognizance of the role being played by the muscle power in the elections

and taking into account of certain prevailing socio economic realities of the electoral

politics, the Commission has decided to issue the following instructions to curb the

menace of threat and intimidation at elections by identifying the locations within a

polling station area vulnerable for such threat and intimidation.

1. An exercise to identify the villages/ hamlets/habitats and segments of electoratevulnerable to any threat, intimidation or interference with the free exercise of

electoral right shall be taken up polling station wise. The sector officers for their

respective polling stations shall do this exercise by visiting the catchment area of the

polling stations. The local Thana officer (SHO) and


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local civil authorities such as BDO / Tehsildar shall also be consulted and their inputs

taken into account before finalizing the list. They should identify the source of such

threat/ intimidation and identify the names of persons who are likely to spearhead

such offence of undue influence. While doing this exercise they shall take into

account the past incidents, and current apprehensions.

2. They shall identify some point of contact within the habitat/ community vulnerable

for such undue influence so that information related to such developments can be

tracked constantly.

3. The Returning Officer of the Assembly Constituency should compile all such

information and finalize the vulnerability mapping for the entire constituency,

polling station wise in a format (enclosed).

4. The DEO and SP shall initiate all preventive measures to ensure that such

intimidation/ obstruction do not really happen on the poll day. They shall initiate

confidence-building measures to bolster the voters confidence about the

arrangements for free and fair poll. They shall undertake tours to such locations and

meet the communities and explain the arrangements made for the free and fair poll.

5. The DEO/ RO shall interact with the candidates and representatives of political

parties to gather regular feedback. The District Intelligence shall give regular

feedback on the subject to the DEO through SP.

6. Upon the arrival of the Observers the DEO/ RO shall hand over the details of the

polling station wise vulnerability mapping for the relevant Assembly Constituency.

The Observer will also visit such locations and interact with the voters and constantly

monitor the developments.

7. The DEO and Superintendent of Police of the District should hold a joint review

on the subject and finalize a focused action plan to deal with the potential threats and

intimidation points identified. The action plan may include, inter-alia, binding the

identified trouble mongers under appropriate sections of the law, preventive

detention if required, forcing their appearance in local police stations at reasonable


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intervals to ensure their good behavior, placement of police pickets, regular

confidence building visits etc. It has to be ensured that all such measures are

undertaken in absolutely non-partisan manner without fear or favour towards any

particular party.

8. The Zonal/ and sector arrangements to monitor the events on the poll day shall

take such pre-identified vulnerable locations into account for effective tracking. If the

normal sector route map does not cover the vulnerable locations special

arrangements shall be made for this purpose. The Sector officers shall make regular

visits to those villages and hamlets in advance and collect information and keep the

senior officers informed.

9. Where there is a cluster of such vulnerable pockets, the DEO shall arrange for

dedicated police teams/squads and locate them at convenient locations in the vicinity,

to be pressed into service for action on the day of poll without any loss of time. It

should invariably form part of the district security plan.

10. On the day of poll, the sector officers shall give special attention to verify

whether voters from the vulnerable habitats/ communities are turning up for voting or

not. In case, they find (it can be gauged from the marked copy of the electoral roll

where voters who have voted are ticked) that some section of voters is conspicuously

absent, then they should inform the Returning Officer about this immediately. The

Returning Officer and DEO shall dispatch the dedicated squad specifically meant for

this purpose, to ascertain, by a visit to the area/hamlet, that there is no hindrance

overt or covertin movement of that section of voters. They should closely monitor

the developments and initiate effective interventions. After the closing hours on the

poll day, the sector officers shall submit a special report, polling station wise, in

writing to the Returning Officers indicating as to whether voters from the vulnerablehabitats were able to vote or not.

11. At the time of Dispatch of the polling parties at the Dispatch Centers the RO

should brief the Presiding Officer concerned about the vulnerable locations within

the Polling Station area. In the electoral roll the Section within the Part should also


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be marked for proper monitoring. The Presiding officers shall submit a report

indicating abnormally low percentage of voter turnout if any within any

section/sections, particularly, with reference to the vulnerable locations.

12. During the poll the Observers and other senior officers while visiting the polling

station shall pay a special attention to this problem and find out whether any undue

influence, intimidation/ obstruction is being caused.

13. The police patrolling parties should keep track of the vulnerable locations and

keep the control room informed. Wherever necessary police pickets shall be

established to ensure free access to all voters to cast their votes without fear.

14. The Commanders/Assistant Commanders of the CPMF shall be given a list of

such vulnerable locations. Wherever CPMF arrives in advance for area domination,

special attention shall be given for such locations. On the day of poll the

Commanders/Assistant Commanders shall make it a point to visit such vulnerable

pockets as a confidence building measure. In case they come across any obstruction

they shall take note of that and immediately inform any of the electoral officials such

as RO/DEO/SP/Observer/Sector Officer and keep a note of the time of their

intimation.

15. If any complaint is received or information gathered from any sources about

obstruction/threat to any voter/voters the same shall be enquired into by the local

administration without any delay.

16. The Returning Officer shall take the inputs on mass scale

intimidation/threat/obstruction if any into consideration while submitting their report

after the poll.

17. The Observers shall give their full attention to this issue and verify at every stage

(before poll/on poll day) and submit reports to the Commission from time to time. A

special mention shall be made about this in their final report. Apart from this they

should make an intelligent reading of the Form 17A and the marked copy of the


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electoral roll used in the polling stations at the time of Form 17A scrutiny, ordered if

any, by the Commission after the poll.

18. The Commission directs that accountability of various police and civil officials

for vulnerability mapping and follow up at every stage shall be clearly defined with

reference to each polling station/constituency. Severe disciplinary action will be

initiated in case of dereliction of duty on the part of any police/civil officials in this

matter.

FREE, FAIR, AND REGULAR ELECTIONS

As with defining electoral and representative systems, there are no precise definitions

for regular, free, and fair elections. International human rights conventions have

established a basic consensus, most importantly Article 21 of the Universal

Declaration of Human Rights, which states that elections must be periodic, genuine,

organized according to universal suffrage, and by secret ballot.

Regular or periodic means holding elections on a set schedule known to the

electorate, either on a specified date (the first Tuesday of November every other year,

as in the United States) or within a particular time frame (within five years of the

previous election, as for Parliament in the United Kingdom), thereby guaranteeing

citizens the opportunity to change their leaders and to support new policies. Free and

fair, or genuine, means that elections offer equal opportunities for all competing

parties and candidates. Such equality requires the ability of political parties and

candidates to register for office without unreasonable requirements, balanced access

to the media for all candidates, the absence of campaign finance abuse, and an

independent electoral process.

Universal suffrage means that there can be no burdensome impediments to

registering or voting for any citizen, with only such legitimate requirements as age or


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residence. The ideal is to have maximum participation in elections. To achieve this,

some countries make voting a legal obligation. It should be noted that the principle of

one person, one vote, is distinct from the principle of universal suffrage and applies

more to political systems with direct representation. But both principles mean that no

person's vote can be counted twice. A secret ballot means that no oneexcept for the

voterknows how each person has voted. If a voter's choice is observable to others,

voters may be subject to intimidation and reprisals by the party in power or by a

party seeking power. Elections would then have no integrity.

For democracy to work, everyone must agree to accept the results of freely held

elections. The people and parties who have lost power, or those who failed to gain it,

must be willing to accept defeat. If the loser refuses to accept the winner, the

election's legitimacy is diminished and the political system may be marked by

conflict and instability. A key test for a democracy is the successful and peaceful

transfer of power from one party to another. Indeed, this is a continuous test for any

democracy, even established ones, as the United States witnessed during the 2000

presidential elections.

CONCLUSION


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The Indian Election Commission, as further reading shows, leaves no stone unturned

in ensuring inner-party democracy in their functioning by insisting upon parties to

hold their organisational elections at periodic intervals.

Their website reads: Political parties so registered with it are granted recognition at

the state and national levels by the Election Commission on the basis of their poll

performance at general elections according to criteria prescribed by it. The

Commission, as a part of its quasi-judicial jurisdiction, also settles disputes between

the splinter groups of such recognised parties.

It maintains: The Election Commission ensures a level playing field for the political

parties in election fray, through strict observance by them of a Model Code of

Conduct evolved with the consensus of political parties. The Commission holds

periodical consultations with the political parties on matters connected with the

conduct of elections; compliance of Model Code of Conduct and new measures

proposed to be introduced by the Commission on election related matters.

Operating with an independent budget that is finalised directly in consultation

between the Commission and the Finance Ministry of the union government, the

Indian Election watchdog supervises nearly five million polling personnel and civil

police forces deputed at over 0.8 million polling stations countrywide.

As far as the budget allocation is concerned, the Finance Ministry generally accepts

the recommendations of the Commission for its budgets.

The website reads: If elections are being held only for parliament, the expenditure is

borne entirely by the Union Government while for the elections being held only for

the State Legislature, the expenditure is borne entirely by the concerned State. In

case of simultaneous elections to the Parliament and State Legislature, theexpenditure is shared equally between the Union and the State governments. For

capital equipment, expenditure related to preparation for electoral rolls and the

scheme for electors identity cards too, the expenditure is shared equally.


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The Indian Election Commission states what its Pakistani counterparts would surely

envy: This huge election machinery is deemed to be on deputation to the Election

Commission and is subject to its control, superintendence and discipline during the

election period, extending over a period of one and half to two months.

Here follows what might further serve as knowledge for both the Pakistani Election

Commission and the countrys ruling elite: In the performance of its functions,

Election Commission is insulated from executive interference. It is the Commission

which decides the election schedules for the conduct of elections, whether general

elections or bye-elections. Again, it is the Commission which decides on the location

polling stations, assignment of voters to the polling stations, location of counting

centres, arrangements to be made in and around polling stations and counting centres

and all allied matters.

BIBLIOGRAPHY


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http://post.jagran.com/Election-Commission-directs-officials-to-ensure-free-and-fair-

elections-1326772158



http://www.thenews.com.pk/Todays-News-13-21568-Indian-higher-courts-refer-

disqualification-cases-to-EC

http://eci.nic.in/eci_main/CurrentElections/ECI_Instructions/ins_121007.pdf

http://www.democracyweb.org/elections/principles.php



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