Context: India recently celebrated its 75th Constitution Day, in this context let us assess the success story of the Election Commission of India and the need for democratic electoral reforms.
Relevance of the topic:
Prelims: Powers and functions of Election Commission of India
Mains: Reforms needed in Election Commission and Electoral system
About Election Commission of India
- The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country.
- Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections to parliament, state legislatures, the office of President of India and the office of Vice-President of India be vested in the election commission.
- Thus, the Election Commission is an All-India body in the sense that it is common to both the Central government and the state governments.
Powers and functions: The powers and functions of the Election Commission with regard to elections to the Parliament, state legislatures and offices of President and Vice-President can be classified into three categories.
- Administrative
- Advisory
- Quasi-Judicial
In detail, these powers and functions are:
- To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
- To prepare and periodically revise electoral rolls and to register all eligible voters.
- To notify the dates and schedules of elections and to scrutinize nomination papers.
- To grant recognition to political parties and allot election symbols to them.
- To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
- To appoint officers for enquiring into disputes relating to electoral arrangements.
- To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
- To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
- To advise the President on matters relating to the disqualifications of the members of Parliament.
- To advise the governor on matters relating to the disqualifications of the members of the state legislature.
- To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
- To request the President or the governor for requisitioning the staff necessary for conducting elections.
- supervise the machinery of elections throughout the country to ensure free and fair elections.
- advise the President whether elections can be held in a state under the president's rule in order to extend the period of emergency after one year.
- To register political parties for the purpose of elections and grant them the status of national or state parties based on their poll performance.
- The Election Commission is assisted by Deputy Election Commissioners, who are senior officers drawn from the Civil Services. They are appointed by the Commission and serve for a specified tenure.
- At the state level, the Commission is assisted by the Chief Electoral Officer, who is appointed by the Chief Election Commissioner in consultation with the state government.
- At the district level, the District Election Officer (usually the District Collector) acts as the District Returning Officer. This officer is responsible for appointing Returning Officers (ROs) for each constituency within the district and Presiding Officers for each polling station
Landmark judgements associated with Election Commission:
- Union of India versus ADR, 2003: The Supreme Court has repeatedly emphasized that the EC’s mandate for free and fair elections is absolute: “Democracy cannot survive without free and fair elections”
- PUCL versus Union of India, 2003; NOTA judgment, 2013: “Free and fair elections is the basic structure of the Constitution”.
- Mohinder Singh Gill versus CEC of India, 1977: “The heart of the parliamentary system is free and fair elections.
- Electoral bonds case 2024: In February 2024, the apex court struck down electoral bonds as “unconstitutional and manifestly arbitrary” annulling all the legislative changes which had institutionalized and legalized crony capitalism in India.
Emerging issues faced by the electoral system of India today:
While several reforms have sought to improve the electoral system, many new challenges and threats have emerged, which, if not handled quickly, will derail our democracy.
- Black money: The use of black money and the increasing criminalization in politics have assumed alarming proportions. In the 2024 Lok Sabha elections, the number of members with criminal cases went up to 46 per cent and Crorepatis to 93 per cent.
- Defections: Political defections have plagued government formations in the country since the 1960s. The Anti-Defection Law, 1985, also known as the Tenth Schedule of the Constitution has proved ineffective.
Reforms Demanded by the Election Commission (EC) to address the challenges:
- Ceiling on Political Parties’ Expenditure: Similar to the expenditure limit imposed on individual candidates to ensure fair competition and prevent undue influence through excessive spending.
- State Funding of Political Parties (Not Elections): Independent audits of political parties and state funding of political parties to enhance transparency and reduce dependency on private donations.
- Ban on private donations: Complete prohibition of private funding to curb undue corporate or individual influence. Focus on state-controlled mechanisms to regulate financial inputs.
- Establishment of a National Election Fund: Creation of an independent fund for tax-free donations and allocation of funds based on parties' electoral performance to ensure fairness.
- Reforms in 2023 Amendment Act: The Chief Election Commissioner and Other Election Commissioners Appointment and Service Condition and Terms of Office Act 2023 has missed out on protecting the two Election Commissioners from removal from office, so that they do not feel as if they are on probation and their elevation to CEC would be dependent on the government’s pleasure, this needs to be looked into in order to maintain the sanctity of the Commission
Despite these flaws, the Election Commission of India is one of the greatest gifts of the Constitution to the nation. The institution has stood the test of time and lived up to the trust of the nation as a powerful watchdog of democracy. Cooperation of the executive, legislature and the judiciary is required to keep our democracy strong. Only then can the largest democracy on the planet hope to become the greatest.

















