Election Commission of India
Constitutional Basis
Article 324: Superintendence, direction and control of elections to Parliament, State Legislatures, President and Vice-President shall be vested in the Election Commission.
Composition
| Post | Number | Current (2024) |
|---|---|---|
| Chief Election Commissioner | 1 | Rajiv Kumar |
| Election Commissioners | 2 | Gyanesh Kumar, Sukhbir Singh Sandhu |
Appointment (new process — 2023 Act):
- Selection Committee: PM (Chair) + Leader of Opposition in Lok Sabha + Cabinet Minister nominated by PM
- President appoints on Committee's recommendation
- Earlier: Only PM's recommendation to President (no formal committee)
Tenure: 6 years or 65 years of age (whichever earlier); no reappointment
Removal:
- CEC: Same process as Supreme Court judge (Parliament address + President's removal)
- Election Commissioners: President removes on CEC's recommendation
Supreme Court (2023, Anoop Baranwal case): Directed that CEC and ECs be appointed by committee including CJI until Parliament makes law. Parliament subsequently passed law with PM + Leader of Opposition + Cabinet Minister (excluding CJI from process) — controversy.
Powers of ECI
1. Fix election schedule; polling dates 2. Recognise and de-recognise political parties (national/state) 3. Allot election symbols 4. Enforce Model Code of Conduct 5. Recommend President's Rule if free and fair elections impossible 6. Cancel elections in case of booth capturing, violence 7. Resolve disputes on party mergers and splits 8. Issue instructions to election machinery (officers, police)
National vs State Election Commission
| Election Commission of India | State Election Commission | |
|---|---|---|
| Constitutional basis | Art 324 | Art 243K (73rd Amendment) |
| Jurisdiction | Parliament, State Legislatures, President, VP | Panchayats and Municipalities |
| Appointment | President | Governor |
Voting System
Electronic Voting Machine (EVM)
Two components:
- Control Unit (CU): With polling officer; enables voting; stores votes
- Balloting Unit (BU): With voter; shows candidates + symbols + buttons
Timeline: Introduced experimentally 1982; nationwide from 2004 general elections
Manufacturers: BEL (Bharat Electronics Limited) and ECIL (Electronics Corporation of India Limited) — both public sector
Security features:
- Not connected to internet (stand-alone device)
- One-time programmable chip
- Tamper-evident seals
- Works on battery (no power grid dependence)
VVPAT (Voter Verifiable Paper Audit Trail)
- Slip printer attached to EVM
- Voter sees printed slip (candidate name + symbol + serial number) for 7 seconds
- Slip drops into sealed compartment
- Provides paper trail for verification
Nationwide from: 2019 General Elections
Verification: ECI conducts mandatory check of 5 randomly selected EVMs per constituency against VVPAT slips after counting
Supreme Court (2024): Upheld EVMs; dismissed petition for 100% VVPAT count
NOTA (None of the Above)
- Introduced from 2013 (SC order in PUCL vs UoI)
- On EVM as last option after all candidates
- Does NOT cause re-election — candidate with most votes still wins
- Significance: Expresses dissatisfaction; no "right to reject"
Political Parties
Recognition System
National Party: Must satisfy any one:
- 6% of valid votes in General Elections + 4 Lok Sabha seats, OR
- 2% of total Lok Sabha seats (11 seats), OR
- Recognised as State party in 4 or more states
State Party: Must satisfy any one in that state:
- 6% of valid votes in state elections + 2 Assembly seats, OR
- 3% of state assembly seats (minimum 3 seats), OR
- 1 Lok Sabha seat per 25 seats (or fraction thereof) from state, OR
- 8% of valid votes in state elections
Currently recognised National Parties (2024): BJP, INC, BSP, CPI, CPI(M), NCP (Ajit faction), TMC, AAP — 8 parties (changed after ECI review; many parties lost national status)
Tamil Nadu State parties: DMK, AIADMK — major; PMK, MDMK, VCK, DMDK, and others as registered parties
Anti-Defection Law (10th Schedule)
52nd Amendment (1985):
- Member disqualified if: voluntarily gives up party membership; votes against party whip; abstains from voting
- Merger exception: 2/3 of party members join another party → not treated as defection (original law had 1/3 split exemption — removed by 91st Amendment)
- Decided by: Speaker/Chairman (but this decision can be challenged in court)
- Kihoto Hollohan case (1992): SC upheld 10th Schedule as valid; Speaker's decision justiciable but subject to limited review
Electoral Bonds
What Were They
- Financial instrument to donate to political parties anonymously
- Purchaser: Any individual/company from SBI
- Denomination: ₹1,000 to ₹1 crore
- Party encashes within 15 days
- Introduced: Finance Act 2017; operational January 2018
Supreme Court Judgment (February 15, 2024)
5-judge Constitution Bench (unanimous): STRUCK DOWN
Grounds: 1. Violates voters' right to information about political funding (Art 19(1)(a)) 2. Anonymity enables quid pro quo — companies donate expecting policy favours 3. Unlimited corporate funding distorts democratic process 4. Disproportionate restriction on transparency
Orders:
- SBI to stop issuing bonds immediately
- SBI to share all bond data with ECI
- ECI to publish data on website (published February 2024)
Data revealed: ₹12,000+ crore raised through bonds; largest donors from regulated industries (mining, pharmaceuticals, construction)
Delimitation
Process
- Redrawing constituency boundaries based on census data
- Delimitation Commission: Retired SC judge + CEC + State EC
- Decisions not challengeable in court (constitutional protection)
History of Delimitation
| Round | Census basis | Key change |
|---|---|---|
| 1952 | 1951 Census | First delimitation |
| 1963 | 1961 Census | Adjusted seats |
| 1973 | 1971 Census | Seats fixed; women's reservation discussed |
| 2002 | 2001 Census | Seats frozen at 1977 levels (84th Amendment) |
| 2026 onward | 2021 Census | Freeze ends; new delimitation |
84th Amendment (2002): Froze total number of Lok Sabha + Assembly seats until 2026; to not penalise states with lower population growth
Tamil Nadu and Delimitation
Current TN seats: 39 Lok Sabha, 234 Assembly
Post-delimitation concern:
- TN's population growth (TFR 1.7) much slower than UP/Bihar (TFR 2.9+)
- If seats allocated by population, southern states lose relative share
- TN, Kerala, Andhra Pradesh, Telangana, Karnataka may lose 10-20 Lok Sabha seats collectively
- Northern states (UP, Bihar, MP, Rajasthan) gain seats proportionally
- Political controversy: South says penalised for successful family planning; North gains more representation
Proposed solutions: Base seat count on 1971 census + some adjustment; or delink seats from pure population.
Electoral Reforms Timeline
| Year | Reform |
|---|---|
| 1951 | Representation of People Act — first electoral law |
| 1967 | Anti-defection concept (informal); 1985 formal law |
| 1988 | Lowered voting age 21→18 (61st Amendment) |
| 1989 | EVMs introduced experimentally |
| 1996 | SC: Criminal politicians must declare antecedents |
| 2003 | Mandatory asset and criminal case declaration by candidates |
| 2004 | EVMs nationwide; NOTA not yet |
| 2013 | NOTA introduced (SC order) |
| 2019 | VVPAT nationwide |
| 2024 | Electoral Bonds struck down (SC) |
Proposed Reforms (pending)
- One Nation One Election: Simultaneous Lok Sabha + State Assembly elections; High-level committee (Ram Nath Kovind) recommended 2024; Constitution Amendment Bills introduced in Parliament
- State funding of elections: Government funds parties to reduce corporate influence
- Right to Recall: Allow voters to remove elected representatives — no constitutional provision yet
- Proportional representation: Replace first-past-the-post (FPTP) — multiple recommendations, no implementation
Model Code of Conduct (MCC)
Triggered: From election schedule announcement until result declaration
Key provisions:
| Area | What is prohibited |
|---|---|
| Government | No new schemes/projects announced; no government vehicles for campaigning |
| Transfers | No government officer transfers without ECI permission |
| Religious/caste | No votes sought on religious/caste grounds |
| Canvassing | No canvassing within 100m of polling booths on polling day |
| Meetings | Police permission required for large meetings |
| Manifesto | Parties must explain funding of freebies (SC guidance) |
Not a law — enforced under ECI's Art 324 powers; violations treated as election offences under RPA 1951
Freebies issue: SC (2013 and 2022) raised concern about promises of free goods in manifestos; called them "irrational"; debate ongoing about regulation
Board Exam Tips
- ECI: Art 324; appointed by President; CEC removable like SC judge; 6-year tenure / 65 years
- 2023 Act: Appointment committee = PM + LOP + Cabinet Minister (excluded CJI despite SC direction)
- EVM: BEL + ECIL; not internet connected; nationwide from 2004
- VVPAT: Nationwide 2019; voter sees slip 7 seconds; 5 EVMs/constituency checked
- NOTA: 2013; does not cause re-election; candidate with most votes still wins
- Electoral Bonds: Struck down unanimously February 15, 2024; SC 5-judge bench; violates right to information
- Anti-defection (10th Schedule): 52nd Amendment 1985; 2/3 merger exception; Speaker decides; challengeable in court
- Delimitation: Seats frozen since 2002 (84th Amendment); next after 2026 census
- TN concern: Slower population growth → may lose relative Lok Sabha representation post-delimitation
- MCC: Not a law; applies from schedule announcement; enforced under Art 324
- One Nation One Election: Kovind committee recommended 2024; Bills introduced in Parliament
- National party criteria: 6% votes + 4 LS seats OR 2% total LS seats OR recognised in 4 states