Introduction
- It is a permanent, independent and constitutional commission, which conducts union and state elections in India. Such as-
- Lok Sabha
- Rajya Sabha
- State Legislative Assembly
- President
- Vice-President
- Provision : The provision of the commission in the Constitution has been made on 26 November 1949 in Articles 324 to 329 of Part-15.
- Establishment : 25 January 1950 (according to the Constitution)
- National Voters’ Day :-
- National Voters Day is celebrated every year on 25 January in India, because Election Commission was formed in India on 25 January 1950.
- For the first time in India, ‘National Voter’s Day’ was celebrated on 25 January 2011.
- The Commission celebrated its golden jubilee in the year 2001.
- Headquarters : New Delhi
Provision
| Article | Provision |
|---|---|
| 324 | ๐ Structure of Election Commission of India ๐ Appointment process of Chief Election Commissioner |
| 325 | ๐ No person can be deprived of the right to vote on the grounds of sex, caste, religion or race. |
| 326 | ๐ Right to vote ๐ By the 61st Constitutional Amendment, 1989, the age of adult franchise was made 18 years. (Earlier the age of adult franchise was 21 years.) ๐ Under this, Non-Resident Indians (NRIs), mentally ill and prisoners can be deprived of the right to vote. |
| 327 | ๐ Power of Parliament to make provisions regarding elections. (Parliament can also make rules regarding elections.) |
| 328 | ๐ Power of State Legislature to make provisions regarding elections. (State Legislature can also make rules regarding elections.) |
| 329 | ๐ Interference of the court in election related matters is prohibited. That is, the court cannot interfere in any way if any law is made by the commission. |
61st Constitutional Amendment Act, 1988
| Introduced in Lok Sabha. | 13 December, 1988 (by the then Water Resources Minister B. Shankaranand) |
| Passed in Lok Sabha | 15 December, 1988 |
| Passed in Rajya Sabha | 20 December, 1988 |
| Approval by the President | 28 March, 1989 |
| Implemented | 28 March, 1989 |
| Prime Minister (PM) | Rajiv Gandhi |
| President | Ramaswamy Venkatraman (R. Venkatraman) |
Structure
| Period | Member Number | Designation |
|---|---|---|
| From 25 January, 1950 to 15 October, 1989 | 1 | ๐ Chief Election Commissioner- 1 |
| From 16 October, 1989 To 31 December, 1989 | 3 | ๐ Chief Election Commissioner- 1 ๐ Election Commissioner- 2 |
| Form 1 January, 1990 To 30 September, 1993 | 1 | ๐ Chief Election Commissioner- 1 |
| From 1 October, 1993 To Present | 3 | ๐ Chief Election Commissioner- 1 ๐ Election Commissioner- 2 |
Current Structure
| S. No. | Designation | Current Member | Tenure | Features |
|---|---|---|---|---|
| 1 | Chief Election Commissioner | Shri Gyanesh Kumar | 19-02-2025 To Continue | ๐ He is the current Chief Election Commissioner of India. ๐ He is the 26th Election Commissioner of India. ๐ He is a 1988 batch IAS officer of Kerala cadre. ๐ Before becoming the Chief Election Commissioner of India, he was working as the Election Commissioner of India. |
| 2 | Election Commissioner | Dr. Sukhbir Singh Sandhu | 15-03-2024 To Continue | ๐ He is the current Election Commissioner of India. ๐ He is a 1988 batch IAS officer of Uttarakhand cadre. ๐ Before becoming the Election Commissioner of India, he was working as the Chief Secretary in the Uttarakhand Government from July 2021 to January 2024. ๐ He served as the Principal Secretary to 4 Chief Ministers of 3 different political parties for about 8 years. |
| 3 | Election Commissioner | Dr. Vivek Joshi | 19-02-2025 To Continue | ๐ He is the current Election Commissioner of India. ๐ He is a 1989 batch IAS officer of Haryana cadre. ๐ Before becoming the Election Commissioner of India, he was working as the Chief Secretary in the Haryana Government. |
| Total | 3 |
Levels of Commission
| S. No. | Level | Officer |
|---|---|---|
| 1 | Central | ๐ Chief Election Commissioner- 1 ๐ Election Commissioner- 2 |
| 2 | State | ๐ State/Chief Electoral Officer |
| 3 | District | ๐ District Election Officer |
| 4 | Sub-Division | ๐ Sub-District Election Officer |
| 5 | Polling Station | ๐ Presiding Officer |
Note :- State/Chief Electoral Officer is part of the Election Commission of India.
Chief Election Commissioner (CEC) and Election Commissioner (EC)
| Chief Election Commissioner (CEC) | Election Commissioner (EC) | |
|---|---|---|
| Qualification | ๐ Not mentioned in the original Constitution, added to the Constitution by the Act of 2023. ๐ Now- A person who is holding or has held a post of the rank equivalent to that of Secretary to the Government of India and is a person of integrity who has knowledge and experience in the management and conduct of elections. | ๐ Not mentioned in the original Constitution, added to the Constitution by the Act of 2023. ๐ Now- A person who is holding or has held a post of the rank equivalent to that of Secretary to the Government of India and is a person of integrity who has knowledge and experience in the management and conduct of elections. |
| Appointment | ๐ Earlier– By the President on the recommendation of the selection committee consisting of the following 3 members- Prime Minister (Chairman) Leader of the Opposition in Lok Sabha Chief Justice of India (CJI) ๐ Now- by the President on the recommendation of the selection committee consisting of the following 3 members- 1. Prime Minister (Chairman) 2. Leader of the Opposition in the Lok Sabha 3. Cabinet Minister nominated by the Prime Minister | ๐ Earlier– By the President on the recommendation of the Prime Minister and the Council of Ministers ๐ Now- by the President on the recommendation of the selection committee consisting of the following 3 members- 1. Prime Minister (Chairman) 2. Leader of the Opposition in the Lok Sabha 3. Cabinet Minister nominated by the Prime Minister |
| Reappointed | NO | ๐ No (Appointment can be made only to the post of CEC and not to the same post.) ๐ When an EC is appointed as CEC, his tenure shall not exceed a total period of 6 years as EC and CEC. |
| Oath | President | President |
| Tenure | ๐ Tenure was not fixed before 1972. ๐ 6 years or 65 years of age, whichever is earlier. (As per 1972) | ๐ Tenure was not fixed before 1972. ๐ 6 years or 65 years of age, whichever is earlier. (As per 1972) |
| Salary and Allowances | ๐ Determination- Parliament ๐ Earlier- Equal to a Supreme Court Judge. ๐ Now- Equal to a Cabinet Secretary. ๐ Not charged on the Consolidated Fund of India. ๐ Cannot be deducted. ๐ Present- Rs 2.5 lakh per month | ๐ Determination- Parliament ๐ Earlier- Equal to a Supreme Court Judge. ๐ Now- Equal to a Cabinet Secretary. ๐ Not charged on the Consolidated Fund of India. ๐ Cannot be deducted. ๐ Present- Rs 2.5 lakh per month |
| Status/Rank | ๐ Earlier- Equal to a Supreme Court Judge. ๐ Now- Equal to a Cabinet Secretary. | ๐ Earlier- Equal to a Supreme Court Judge. ๐ Now- Equal to a Cabinet Secretary. |
| Resignation | President | President |
| Termination | By the President through impeachment process in Parliament | By the President on the recommendation of the Chief Election Commissioner |
Termination procedure (Chief Election Commissioner)
| Base | 1. Misconduct or misbehavior 2. Incapacity |
| Process | Same as a judge of the Supreme Court (by impeachment) |
| Provision for impeachment | Part-IV, Article 124 (4) |
| Termination | By the President upon the passing of an impeachment motion in the Parliament |
Impeachment procedure against the Chief Election Commissioner: –
- The impeachment process begins with a motion signed by 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
- If the motion is accepted, an inquiry committee is formed by the Lok Sabha Speaker or Rajya Sabha Chairman, consisting of three members who are the following-
- A judge of the Supreme Court
- Chief Justice of any High Court
- Eminent jurist
- This committee frames the charges and seeks a written reply from the Chief Election Commissioner.
- This committee conducts a thorough investigation of the allegations.
- After the investigation, the committee determines whether the allegations are true or not. After which the committee submits its report.
- If he is not found guilty in the investigation, then no further action is taken but if he is found guilty in the investigation, then the motion is debated in the same House in which the motion was introduced.
- The Chief Election Commissioner or his representative has the right to present his side.
- After that, the motion is voted on.
- A special majority is required for the motion to pass. (A majority of at least two-thirds of the members present and voting in that House.)
- If it is supported by two-thirds of those voting, the motion is deemed to have been passed.
- The same process is then repeated in the other House of Parliament.
- If the motion is passed in both Houses, it is presented to the President under Article 124 (4), after which the President removes the Chief Election Commissioner from office.
Note :- Till now impeachment has not been brought against any Chief Election Commissioner in India.
The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 :-
- Published : 25 January, 1991
- Commencement : 25 January, 1991
- Tenure (CEC, EC) : 6 years or 65 years of age, whichever is earlier.
- ๐ When an EC is appointed as CEC, his tenure shall not exceed a total period of 6 years as EC and CEC.
- Salary, allowances and other terms of service (CEC, EC) : Equal to a Supreme Court Judge. (not charged on the Consolidated Fund of India)
- Resignation (CEC, EC) : By writing under his hand addressed to the President
- Rank (CEC, EC) : Equal to a Supreme Court Judge.
- Termination : The CEC can be removed from office by impeachment process in Parliament and the EC by the President on the recommendation of the CEC.
Anoop Baranwal vs Union of India case, 2023 :-
- Date of Judgment : 02 March, 2023
- A 5-judge bench of the Supreme Court unanimously ruled that the CEC and ECs will be appointed by the President on the recommendation of a selection committee consisting of the following:
- Prime Minister (Chairman)
- Leader of the Opposition in Lok Sabha (if the Leader of Opposition in Lok Sabha is not recognised, then the leader of the largest opposition party in Lok Sabha)
- Chief Justice of India (CJI)
- The judgment clarifies that the said norms laid down by the Supreme Court will continue to apply until a law is made by Parliament.
- The Parliament passed the “The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023” in response to the Supreme Court’s direction in the matter.
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 :-
- Motion in Rajya Sabha : 10 August, 2023 (by Law and Justice Minister Arjun Ram Meghwal)
- Passed in Rajya Sabha : 12 December, 2023
- Passed in Lok Sabha : 21 December, 2023
- Ministry : Law and Justice
- This Act repeals the “The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991”.
- Objective : The purpose of this Act is to bring transparency in the appointment process of CEC and EC.
- The Election Commission shall consist of the following-
- Chief Election Commissioner
- Such number of Election Commissioners as may be determined by the President from time to time.
- Qualification (CEC, EC) : A person who is holding or has held a post of the rank equivalent to that of a Secretary to the Government of India and who is a person of integrity, having knowledge and experience in the management and conduct of elections.
- Search Committee :-
- Cabinet Secretary (Chairman)
- Two members of the rank of Secretary to the Government of India
- Function : To shortlist five candidates for the appointment of CEC and EC.
- Appointment (CEC, EC) : By the President on the recommendation of the selection committee which will include the following-
- Prime Minister (Chairman)
- Leader of the Opposition in Lok Sabha (Member)- If the Leader of the Opposition in Lok Sabha is not recognized, then the leader of the largest opposition party in the Lok Sabha
- Union Cabinet Minister nominated by the Prime Minister. (Member)
- The recommendations of the selection committee will be valid even if any post is vacant in this selection committee.
- Selection Process (CEC, EC) :-
- Under this Act, first of all the Ministry of Law (Search Committee) will shortlist the candidates for the appointment of CEC, EC.
- After this, the names of the shortlisted candidates will be sent to the three-member selection committee headed by the Prime Minister.
- The selection committee has the right to recommend the name of any other candidate or a shortlisted candidate.
- The selection committee will send its recommended names to the President, after which the President gives his final approval to the names of these candidates and appoints them by issuing a notification.
- Tenure (CEC, EC) : 6 years or 65 years of age, whichever is earlier
- When an EC is appointed as CEC, his tenure will not exceed a total period of 6 years as EC and CEC.
- Reappointment (CEC, EC) : No
- Salary, allowances and other terms of service (CEC, EC) : Equal to a Cabinet Secretary. (not charged on the Consolidated Fund of India)
- Resignation (CEC, EC) : By writing under his hand addressed to the President
- Rank (CEC, EC) : Cabinet Secretary
- Transaction of Business : All the business of the Commission shall, as far as possible, be transacted by consensus and if there is a difference of opinion between the CEC and the EC on any matter, the decision on such matter shall be taken by majority.
- All Election Commissioners have equal powers in the decision-making process by the Commission.
- Termination : The CEC can be removed from office by impeachment process in Parliament and the EC by the President on the recommendation of the CEC.
Functions and role of Commission
The powers of the Commission have been expanded by the Representation of the People Act, 1950-51. Such as-
- Administrative functions such as-
- Issuing notification for the elections of President and Vice President.
- Conducting the following elections-
- President
- Vice President
- Parliament (Lok Sabha, Rajya Sabha)
- State Legislature (Legislative Assembly, Legislative Council)
- Conducting by-elections, mid-term elections.
- Announcing the election program.
- Preparing voter list, making amendments from time to time and registering all eligible voters.
- Registering political parties. (No power to cancel registration)
- Giving recognition by dividing political parties into national and state level.
- Distributing election symbols to political parties and resolving disputes related to it. (According to Section 19 (A) of the Act 1951)
- Regulating the Model Code of Conduct (MCC).
- Determining the constituency on the basis of the Delimitation Act of Parliament. (Delimiting constituencies.)
- Urging the President and Governor regarding the requirement of staff to conduct the election.
- Advisory functions such as-
- Advising the President regarding disqualification of an MP under Article 103.
- Advising the Governor regarding disqualification of an MLA under Article 192.
- Quasi-judicial functions such as-
- Settling mutual disputes of political parties.
- To do various works for the convenience of voters like- to arrange drinking water, voter brochure, ramp for the disabled.
- At present, the facility of voting at home has been provided for specially abled people and the elderly.
- To implement voter awareness programs.
Note :-
- The notification for the elections of the President and Vice President is issued by the Election Commission of India.
- The notification for the elections of Lok Sabha (MP) and Rajya Sabha (MP) is issued by the President.
- The notification for the elections of Legislative Assembly (MLA) and Legislative Council (MLC) is issued by the Governor.
Committees related to Election Commission
| S. No. | Committee | Formation | Chairman | Suggestion |
|---|---|---|---|---|
| 1 | Santhanam Committee | 1963 | (Pt. K. Santhanam) | ๐ The electoral system should be improved. |
| 2 | V. M. Tarkunde Committee | 1974 | V. M. Tarkunde (Vithal Mahadeo Tarkunde) | ๐ Voter’s age should be reduced from 21 years to 18 years. |
| 3 | Dinesh Goswami Committee | 1990 | Dinesh Goswami | ๐ EVM should be used in voting. |
| 4 | Indrajit Gupta Committee | 1998 | Indrajit Gupta | ๐ A fund should be set aside for election expenses. |
Judicial Review
- The decisions of the Commission can be challenged in the Supreme Court and High Court by an appropriate petition.
- In matters relating to the election of the President and Vice President, a petition can be filed only before the Supreme Court.
Measures taken to keep the Commission autonomous, independent and impartial
- The tenure of the members of the Commission is fixed. (Can be removed only by impeachment.)
- After the appointment of the members of the Commission, there is a ban on any unprofitable change.
- The Commission is an independent, permanent and constitutional commission.
Drawbacks/Criticism of the Commission
- The number of members of the Commission, their tenure and qualifications are not mentioned in the original Constitution.
- The salary of the members of the Commission is not dependent on the Consolidated Fund.
- According to the Constitution, there is no ban on other government appointments after the retirement of a member of the Commission.
- Inability to effectively implement the Model Code of Conduct.
- The Commission’s dependence on the government for human resources (employees).
- Unnecessary interference of the government in the Commission.
Suggestions or way forward
- The Model Code of Conduct should be effectively enforced by the Chief Election Commissioner.
- An institutional mechanism should be established to bring the Election Commission of India and the State Election Commissions together so that both can share each other’s experiences.
- Permanent staff should be appointed in the Commission.
- Unnecessary interference of the government in the Commission should be reduced.
List of Chief Election Commissioners of India
| S. No. | Chief Election Commissioner (CEC) | Tenure | Features |
|---|---|---|---|
| 1 | Sukumar Sen | 21-03-1950 To 19-12-1958 | ๐ He is the first Chief Election Commissioner of India. |
| 2 | KVK Sundaram | 20-12-1958 To 30-09-1967 | ๐ He is the Chief Election Commissioner with the longest tenure in India. |
| 3 | SP Sen Verma | 01-10-1967 To 30-09-1972 | |
| 4 | Dr. Nagendra Singh | 01-10-1972 To 06-02-1973 | |
| 5 | T Swaminathan | 07-02-1973 To 17-06-1977 | |
| 6 | SL Shakdhar | 18-06-1977 To 17-06-1982 | |
| 7 | RK Trivedi | 18-06-1982 To 31-12-1985 | |
| 8 | RVS Peri Sastri | 01-01-1986 To 25-11-1990 | |
| 9 | Smt VS Ramadevi (Acting) | 26-11-1990 To 11-12-1990 | ๐ She is the first and only woman Chief Election Commissioner of India. ๐ She is the Chief Election Commissioner with the shortest tenure in India. |
| 10 | TN Seshan | 12-12-1990 To 11-12-1996 | |
| 11 | Dr. MS Gill | 12-12-1996 To 13-06-2001 | |
| 12 | Mr. J.M. Lyngdoh | 14-06-2001 To 07-02-2004 | |
| 13 | Mr. T.S. Krishna Murthy | 08-02-2004 To 15-05-2005 | |
| 14 | Mr. B.B. Tandon | 16-05-2005 To 29-06-2006 | |
| 15 | Mr. N. Gopalaswami | 30-06-2006 To 20-04-2009 | |
| 16 | Navin B. Chawla | 21-04-2009 To 29-07-2010 | |
| 17 | Dr. S.Y. Quraishi | 30-07-2010 To 10-06-2012 | |
| 18 | Shri V.S. Sampath | 11-06-2012 To 15-01-2015 | |
| 19 | Shri. H.S. Brahma | 16-01-2015 To 18-04-2015 | |
| 20 | Dr. Nasim Zaidi | 19-04-2015 To 05-07-2017 | |
| 21 | Sh. A.K. Joti | 06-07-2017 To 22-01-2018 | |
| 22 | Mr. O.P. Rawat | 23-01-2018 To 01-12-2018 | |
| 23 | Mr. Sunil Arora | 02-12-2018 To 12-04-2021 | |
| 24 | Mr. Sushil Chandra | 13-04-2021 To 14-05-2022 | |
| 25 | Shri Rajiv Kumar | 15-05-2022 To 18-02-2025 | ๐ He also held the post of Election Commissioner of India. |
| 26 | Shri Gyanesh Kumar | 19-02-2025 To Continue | ๐ He is the current Chief Election Commissioner of India. ๐ He is the 26th Election Commissioner of India. ๐ He is a 1988 batch IAS officer of Kerala cadre. ๐ Before becoming the Chief Election Commissioner of India, he was working as the Election Commissioner of India. |
List of Election Commissioners of India
| S. No. | Election Commissioner | Tenure | Features |
|---|---|---|---|
| 1 | Shri V.S. Seigell | 16-10-1989 To 02-01-1990 | |
| 2 | Shri S.S. Dhanoa | 16-10-1989 To 02-01-1990 | |
| 3 | Dr. G.V.G. Krishnamurty | 01-10-1993 To 30-09-1999 | |
| 4 | Shri Ashok Lavasa | 23-01-2018 To 31-08-2020 | |
| 5 | Shri Rajiv Kumar | 01-09-2020 To 14-05-2022 | ๐ He also held the post of Chief Election Commissioner of India. |
| 6 | Shri Anup Chandra Pandey | 09-06-2021 เคธเฅ 14-02-2024 | ๐ Book : Governance in Ancient India |
| 7 | Shri Arun Goel | 21-11-2022 To 09-03-2024 | |
| 8 | Shri Gyanesh Kumar | 15-03-2024 To 18-02-2025 | ๐ He is the current Chief Election Commissioner of India. |
| 9 | Dr. Sukhbir Singh Sandhu | 15-03-2024 To Continue | ๐ He is the current Election Commissioner of India. ๐ He is a 1988 batch IAS officer of Uttarakhand cadre. ๐ Before becoming the Election Commissioner of India, he was working as the Chief Secretary in the Uttarakhand Government from July 2021 to January 2024. ๐ He served as the Principal Secretary to 4 Chief Ministers of 3 different political parties for about 8 years. |
| 10 | Dr. Vivek Joshi | 19-02-2025 To Continue | ๐ He is the current Election Commissioner of India. ๐ He is a 1989 batch IAS officer of Haryana cadre. ๐ Before becoming the Election Commissioner of India, he was working as the Chief Secretary in the Haryana Government. |
Other important facts
- The Election Commission has formally adopted voter education and election participation as an integral part of election management in 2009.
- The Commission has a separate Secretariat in New Delhi.
Types of Elections
| Type | Definition |
|---|---|
| General Election | The elections held every 5 years are called general elections. |
| Midterm Elections | To conduct elections before the expiry of State Legislature and Lok Sabha. |
| Snap Election | When the Lok Sabha and Vidhan Sabha are suddenly dissolved, then announcing election is called snap election. |
| By-Elections | When any member of Lok Sabha or Vidhan Sabha resigns or dies due to any reason, then the election held to fill the vacant seat is called by-election. |
Security Deposit
| Category | Lok Sabha Elections | Assembly Elections |
|---|---|---|
| General | โน 25,000/- | โน 12,500/- |
| Reserved | โน 10,000/- | โน 5,000/- |
Note :- Security deposit is forfeited if 16.66% or (1/6) of total valid votes polled in the election are not obtained.
EVM
- EVM Full Form : Electronic Voting Machine
- EVM machine was introduced in India in 1991.
- In India, EVM consisting of Ballot Unit (BU) and Control Unit (CU) was used for the first time in April, 1982 in the by-election of Parur Assembly Constituency of Kerala State. At this time, elections were conducted using EVMs at 50 booths in Parur Assembly.
- After Kerala State, EVM was used on a large scale during the by-elections of 5 Assembly Constituencies of Rajasthan, 5 Assembly Constituencies of Madhya Pradesh and 6 Assembly Constituencies of Delhi in November, 1998.
- For the first time in India, EVM was used in the entire state in the Goa Assembly General Election in 1999.
- For the first time in India, EVM was used in Lok Sabha elections in 2004. (Entire General Elections)
- EVMs were used in all Lok Sabha and State Assembly General Elections in India in 2009.
- Presently, the M3 Model of EVM and VVPAT are used. Similar to the earlier Models, M3 EVMs / VVPATs are also non-networked, stand-alone units that run on power-packs / batteries of their own.
VVPAT
- VVPAT Full Form : Voter Verifiable Paper Audit Trail
- It was recommended by Subramanian Swamy.
- In VVPAT, the name and election symbol of the candidate appears on paper in the EVM. This confirms to the voter whether his vote has been cast correctly or not.
- In India, VVPAT was used for the first time with EVM in the by-election of Noksen Assembly Constituency of Nagaland in the year 2013.
- VVPAT was used all over India in 2014.
NOTA
- NOTA Full Form : None of the above
- The Supreme Court in its decision given on 27 September 2013 in Writ Petition No. 161 (c) of 2004 has directed that there should be an option of ‘NOTA’ in ballot papers and EVMs.
- NOTA was first used in India in 2013 in the state of Chhattisgarh.
- NOTA was used all over India in the 16th Lok Sabha general election in 2014.
Proxy Voting
- Service voters can vote in two ways. Such as-
- Postal ballot
- Proxy voting
- Proxy voting :-
- The right to proxy voting was given in India on 22 September 2003.
- The following two categories of service voters have been given the right to proxy voting-
- Members of the armed forces (Army, Navy and Air Force)
- Members of paramilitary forces such as- Central Reserve Police Force (CRPF), Border Security Force (BSF), Border Security Force (SSB), Indo-Tibetan Border Police (ITBP), Central Industrial Security Force (CISF), Assam Rifles etc.
- In this, the person chooses his representative for voting, but it is necessary to inform the Election Commission about it.