Election Commission

Accept Aadhaar as Identity Proof: SC

Context: The Supreme Court has directed the Election Commission to include Aadhaar as the 12th “indicative” document, in addition to the 11 documents permitted for identification in order to be included in the final electoral roll during the Special Intensive Revision (SIR) in Bihar ahead of Assembly elections.

Relevance of the Topic: Prelims: Key developments: SIR controversy in Bihar. 

Accept Aadhaar as Identity Proof: SC

  • The SC has directed the EC to accept Aadhaar as a valid proof of identity or residence from persons filing claims or objections to final electoral roll during the SIR. 
  • The bench clarified that the use of Aadhaar would strictly be as proof of identity, and not as evidence of Indian citizenship.
  • The authorities concerned should verify the genuineness of Aadhaar cards, just the way they would do in the case of the other 11 documents. 
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SIR controversy in Bihar: Expulsion of Voters

  • The SIR's findings reduced the total number of registered voters in Bihar from 7.89 crore prior to the exercise to 7.24 crore after conducting it. Approximately 65 lakh voters were excluded from the draft rolls published on August 1.
  • The deadline for filing claims to include names and file objections to exclude names for reasons such as death, permanent shifting, and duplication, was September 1. 
  • The EC has clarified that the claims and objections were welcome even beyond the deadline.

Also Read: Special Intensive Revision in Bihar: Legal Basis and Criticism 

What are Machine Readable Electoral Rolls?

Context: Recently, the Leader of Opposition alleged vote theft and demanded that the Election Commission (EC) provide machine-readable voter rolls to political parties.  

Relevance of the Topic: Prelims: About Machine Readable Electoral Rolls.

What are Electoral Rolls? 

  • Electoral Roll is the authoritative list of all eligible voters prepared under the Representation of the People Act, 1950. 
  • Voter rolls are prepared by district officials under the EC’s authority using ERONET, a digital system for adding or deleting voter entries. They are regularly updated to include newly eligible voters, address changes, or removals of ineligible voters. 

How are Voter Rolls shared?

  • The Election Commission shares electoral rolls mainly as image PDF files on its website. These PDFs include details like name, age, gender, address, and EPIC number, but do not include photographs online.
  • Physical copies or printouts may also be provided to political parties and the public.
  • Limitations: 
    • Image PDFs cannot be easily indexed or searched by computers.
    • Detecting duplicates requires manual effort, and with over 99 crore entries, spotting errors becomes highly challenging.

Opposition parties are demanding machine-readable voter rolls, as these would allow data to be searched, indexed, and analysed by computers, enabling quick detection of duplicate or bogus entries across constituencies and facilitating large-scale analysis for greater accuracy and fairness.

Why does the EC not provide Machine-Readable Voter Rolls?

  • Privacy risks: The EC stopped uploading machine-readable rolls before the 2019 elections citing privacy risks - foreign entities can access sensitive details such as the full names and addresses of Indian voters.
    • In Kamal Nath vs Election Commission of India (2018), the Supreme Court refused to compel the EC to provide machine-readable rolls. The Court observed that political parties could convert the existing image PDFs into searchable format on their own if they wished.
    • This position, however, contradicted the EC’s own manual which states that draft rolls should be published on State CEO websites in “text mode.”
  • Technical and financial barriers: Voter rolls are divided into hundreds of separate PDF parts for each constituency, making large-scale analysis difficult. Converting these files through Optical Character Recognition (OCR) is resource-intensive; with over six crore pages nationwide, the estimated cost is about $40,000 per revision cycle.

Election Commission of India: Powers & Criticism

Context: The Election Commission of India (ECI) is constitutionally mandated to conduct free and fair elections. With the ongoing Special Intensive Revision (SIR) controversy in Bihar, the credibility of ECI is being questioned. In a functional democracy, reinforcing trust in ECI is crucial to ensure the principle of one person, one vote.

Relevance: Prelims: Powers and functions of Election Commission of India. Mains: Election Commission: Reforms Needed & Way Forward.

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 vested in the Election Commission, related to:
    • Parliament
    • State legislatures
    • Office of President of India
    • Office of Vice-President of India 
  • Article 324 (2): Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs), as the President may fix from time-to-time. 
  • Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lay down provisions regarding the appointment, tenure, and removal of the CEC.

Election Commission of India: Powers & Criticism

Powers and functions of ECI: 

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 and Quasi-Judicial.  In detail, these powers and functions are: 

  1. To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
  2. To prepare and periodically revise electoral rolls and to register all eligible voters. 
  3. To notify the dates and schedules of elections and to scrutinize nomination papers. 
  4. To grant recognition to political parties and allot election symbols to them.
  5. To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them. 
  6. To appoint officers for enquiring into disputes relating to electoral arrangements. 
  7.  To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
  8. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
  9. To advise the President on matters relating to the disqualifications of the members of Parliament.
  10. To advise the governor on matters relating to the disqualifications of the members of the state legislature.
  11. To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
  12. To request the President or the governor for requisitioning the staff necessary for conducting elections.
  13. To supervise the machinery of elections throughout the country to ensure free and fair elections.
  14. To 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. 
  15. To register political parties for the purpose of elections and grant them the status of national or state parties based on their poll performance. 

Criticism and Challenges faced by the Election Commission of India: 

  • Executive Control in Appointment: Parliament replaced the SC’s interim tripartite panel (PM + LoP + CJI) with a selection committee (PM + a Cabinet Minister nominated by the PM + LoP) to appoint CEC, creating a built-in 2:1 executive majority. This selection committee design for the appointment of CEC weakens institutional independence of the Election Commission.
  • Limited Safeguards to ensure Independence:
    • Article 324 does not lay out specific qualifications (educational, professional, or otherwise) for appointment of CEC and ECs. 
    • The Constitution does not bar retiring CEC and ECs and from holding further government office. In the past, retired CEC and ECs have been appointed to the posts like Governor etc. This leaves the scope for partisan approach in their conduct in the anticipation of post-retirement allurements. 
  • Lack of Financial Autonomy:  As per the current practice, ECI’s expense is voted and approved by Parliament thereby giving financial discretion to the Parliament. The expenses of ECI are not charged upon Consolidated Fund of India, making EC dependent on the central government in financial matters. 
  • Lack of Security of Tenure to ECs: While CEC can only be removed on the grounds as needed for the removal of a Supreme Court judge; ECs can be removed from office on the CEC's recommendation. This makes ECs vulnerable and affects their ability to act independently.
  • Lack of Permanent Staff: ECI does not have independent staff of its own, and is dependent upon staff of Central and State Governments for administrative staff whenever elections take place. This hampers efficient functioning of the Commission posing incidents like power tussles between ECI and state government staff in certain states.
  • Limited Power to regulate Political Parties: ECI does not have an explicit power to deregister political parties in any event (except on limited grounds such as registration obtained by fraud). ECI does not have any power to enforce internal democracy with political parties and has limited power in regulating party finances.
  • Reduced Transparency: The ongoing SIR controversy in Bihar which led to the exclusion of 65 Lakh voters from the electoral rolls adds to the allegations of manipulation of electoral rolls by ECI. Similar claims of voter roll manipulation including duplicate and bulk registrations have been seen in the past, which undermines the credibility of ECI.  

Way Forward

Recommendations of 255th Law Commission Report (2015):   

  • Need for Parity in the removal process of Election Commissioners.
  • EC’s expense to be charged on Consolidated Fund of India to ensure financial autonomy.
  • Separate and Independent Secretariat: Having powers to appoint, transfer and promote its staff and officers. This will insulate personnel from executive and political interference.
  • Collegium based Appointment: Appointment of all the ECs, including CEC, should be made by the President in consultation with a three-member collegium or selection committee, consisting of Prime Minister; Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha) and the Chief Justice of India.
  • Elevation of an Election Commissioner should be on the basis of seniority - unless the three member collegium/committee, for reasons to be recorded in writing, finds such Commissioner unfit. 
  • EC must have power to de-register political parties.  
  • Common Electoral Roll for Parliament, Assembly and Local Elections: This will avoid duplicity of effort and resources by EC and SEC.

Removal Process of Chief Election Commissioner of India 

Context: After the Election Commission of India dismissed allegations of electoral fraud as “baseless and invalid”, the INDIA bloc is considering moving a motion of removal of the Chief Election Commissioner (CEC) during the ongoing session of Parliament.

Relevance of the Topic:Prelims: Removal process of the Chief Election Commissioner (CEC). 

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 controlof elections vested in the Election Commission, related to:
    • Parliament
    • State legislatures
    • Office of President of India
    • Office of Vice-President of India 
  • Election Commission is an All-India body i.e., it is common to both the Central government and the state governments. 

Chief Election Commissioner of India

Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lay down provisions regarding the appointment, tenure, and removal of the CEC.

  • Article 324(2): 
    • Election Commission shall consist of the Chief Election Commissioner and such number of Election Commissioners, as the President may fix from time-to-time. 
    • Appointment of the Chief Election Commissioner and other Election Commissioners are made by the President, subject to the law enacted by the Parliament. Parliament has enacted the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. 
  • The Election Commission was a single-member body when it was set up in 1950. This system lasted until 1989 with the CEC as the lone member. After the Election Commission Amendment Act 1989, it became a multi-member body. Since then, it has been a three-member body (1 CEC + 2 ECs). 
  • Tenure: The CEC has a tenure of up to six years or up to the age of 65, whichever is earlier.

Removal Process of Chief Election Commissioner of India:

  • The CEC or an EC can resign from his office at any time by writing under his hand addressed to the President. 
  • CEC can only be removed from office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha or on grounds of proven misbehaviour or incapacity.
    • CEC cannot be removed from his office except in like manner and on like grounds as needed for the removal of a Supreme Court judge.
    • A motion supported by 50 MPs of the Rajya Sabha or 100 MPs of the Lok Sabha has to be moved in Parliament and passed by the House with a two-thirds majority of those present.
  • ECs cannot be removed from office except on the CEC's recommendation.

Immunity to Chief Election Commissioner:

  • Clause 16 of the CEC and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 grants immunity to the CEC and ECs from any legal action for decisions taken while in office.
  • No court shall entertain or continue any civil or criminal proceedings against any person who is or was a CED or an EC for any act, thing or word, committed, done or spoken by him when, or in the course of act in the discharge of his official duty or function. 

Election Commission Appointments: Independence under Question

Context: The Election Commission of India (ECI) plays a pivotal role in conducting free and fair elections, regarded as the bedrock of Indian democracy. Recent legal and legislative changes have brought the independence and impartiality of ECI under scrutiny.

Relevance of the topic:

Prelims: Key facts about Article 324; Election Commission of India.

Mains: Issues in appointment of Election Commissioners.

Appointment of Election Commissioners

  • Article 324 of the Constitution vests the superintendence, direction and control of elections to Parliament, state legislatures, and the offices of President and Vice-President in the Election Commission of India.
  • Article 324 does not provide a clear mechanism for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). As per Article 324(2), the appointment method is left subject to the provisions of any law made by Parliament.
  • Traditionally, appointments are made by the Executive, raising concerns about bias and autonomy.

Landmark Case: Anoop Baranwal vs. Union of India (2023)

  • The Constitution Bench interpreted Article 324 of the Constitution, which provides for the appointment of Election Commissioners.
  • It held that exclusive executive control over appointments compromises the independence of the ECI.
  • To prevent a pliable ECI, the Court directed that appointments must be made by a Selection Committee comprising:
    • Prime Minister of India
    • Leader of Opposition
    • Chief Justice of India 

Parliament’s Reaction: The Chief Election Commissioner and Other ECs Act, 2023

  • The Chief Election Commissioner and Other Election Commissioners Act, 2023 was enacted to nullify the Baranwal verdict. 
  • The Act removed the CJI from the Selection Committee and added a Cabinet Minister nominated by the PM.
  • So, effectively the government dominates the Committee (2:1 majority: Prime Minister + Cabinet Minister vs Leader of Opposition).
  • Criticism: This ensures that the ECI is under the control of the ruling regime.

The Act was challenged in multiple writ petitions. Petitioners sought an interim stay before the 2024 Lok Sabha elections.

However in Dr. Jaya Thakur & Ors. v. Union of India (2024), Supreme Court refused to grant stay, citing the principle of “presumption of constitutionality” of laws.

Issues and Concerns: 

  • The exclusion of the judiciary from the appointment process raises concerns about the independence of the ECI.
  • Executive control over appointments increases the risk of biased or partisan decision-making.
  • Exclusion of the judiciary from the selection committee weakens the system of checks and balances.
  • Public trust in the electoral process may decline if the ECI is perceived as partisan. 

Global Comparison

  • Many modern constitutions have created independent “fourth branch institutions” (in addition to the executive, the legislature, and the judiciary which are autonomous and independent of the ruling dispensation) to safeguard democracy from executive dominance.
    • E.g., Constitution of South Africa envisages a cluster of state institutions for “supporting constitutional democracy”. The Chapter Nine institutions (as they are called) include the Electoral Commission of South Africa.

The Supreme Court’s judgment in Anoop Baranwal can be seen as an attempt to transform the ECI into such an institution by insulating it from executive control. However, the enactment of the 2023 Act and the refusal of the Court to stay its implementation have weakened this progress.

The independence of the Election Commission of India is central to preserving democratic legitimacy. Hence, there is a need to revisit the appointment mechanism for the Election Commission of India. The inclusion of the Chief Justice of India or another independent authority in the Selection Committee would strengthen the neutrality of the process.

Why is the ECI de-listing Political Parties?

Context: The Election Commission of India (ECI) has initiated the process to de-list Registered Unrecognised Political Parties (RUPPs).

Relevance of the topic:

Prelims: Constitutional provisions (Art. 19(1)(c)), RP Act, 1951- Sections 29A and 29C, Benefits enjoyed by RUPPs, Powers of ECI.

Mains: Issues with functioning of political parties, ECI’s role in electoral reforms.

De-listing Political Parties

  • ECI has initiated steps to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested elections in the last six years and whose offices could not be physically located. 
  • These parties, often termed as ‘letter pad parties’, exist only on paper and are typically inactive in electoral participation.
  • In addition, political parties that have not updated their list of office bearers since 2014 have been declared ‘inactive’.
  • The ECI has directed the Chief Electoral Officer of various States and Union Territories to issue show-cause notices to these RUPPs before deciding on de-listing them. 
  • These parties are denied the benefit of: 
    • Putting up candidates with a common symbol in an election. 
    • Tax exemptions under Income Tax Act and RP Act. 

What are registered parties?

  • Political parties are an association or body of individuals that can be formed by citizens. The right to form an association is a fundamental right guaranteed under Article 19(1)(c) of the Constitution to all citizens.
  • Section 29A of the Representation of the People Act, 1951 (RP Act) lays down the requirements for registration of a political party with the ECI. 
  • Any political party that seeks registration should submit a copy of its memorandum/constitution within 30 days of its formation stating:
    • Faith and allegiance to the Constitution of India. 
    • Allegiance to the principles of socialism, secularism and democracy, and uphold the sovereignty, unity and integrity of India.
  • The ECI examines a political party’s constitution to ensure it includes provisions for internal democracy, such as regular elections for office bearers.
  • Once registered, if it is not recognised as a state or national party, it is termed a  Registered Unrecognised Political Party (RUPP).

Benefits Enjoyed by RUPPs: 

The RUPPs enjoy the following benefits:  

  • Tax exemption for donations received under Section 13A of the Income Tax Act, 1961.
  • A common symbol for contesting general elections to the Lok Sabha/State Assemblies.
  • 20 ‘star campaigners’ during election campaigns. 

However there exists few conditions:

  • RUPPs are required to maintain the details of individual donors who have donated above ₹20,000 in a financial year and submit these details to the ECI every year. 
  • As per Section 29C of the RP Act, failure to furnish these details will result in losing income tax exemption. 
  • The RUPPs under the Income Tax Act, 1961, are further required to accept donations in excess of ₹2000 only through cheque or bank transfers. 

What is the issue ?

  • The RP Act does not confer explicit powers on the ECI to de-register any political party if it fails to contest elections, conduct inner-party elections or lodge requisite returns. 
  • The Supreme Court in Indian National Congress versus Institute of Social Welfare & Ors (2002) had held that the ECI does not have the power to de-register any political party under the RP Act. It may de-register only under exceptional circumstances such as:
    • the registration being obtained by fraud or
    • the political party ceasing to have allegiance to the Indian Constitution or
    • if it is declared unlawful by the Government.

What can be done ?

  • The Law Commission in its 255th report (2015) had recommended amendments for de-registration of a political party if it fails to contest elections for 10 consecutive years. 
  • The ECI in its memorandum for electoral reforms (2016) had also suggested an amendment to the RP Act that would empower it to de-register a party. 
  • Another serious issue plaguing almost all political parties is the lack of inner-party democracy. As suggested by the Law Commission in its 170th and 255th report, the RP Act can be suitably amended to contain specific provisions for ensuring internal democracy in political parties.

Apart from the exercise of delisting RUPPs, these recommendations can also be implemented.

Reforms needed in Election Commission

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.

  1. Administrative
  2. Advisory
  3. Quasi-Judicial 

In detail, these powers and functions are: 

  1. To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
  2. To prepare and periodically revise electoral rolls and to register all eligible voters. 
  3. To notify the dates and schedules of elections and to scrutinize nomination papers. 
  4. To grant recognition to political parties and allot election symbols to them.
  5. To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them. 
  6. To appoint officers for enquiring into disputes relating to electoral arrangements. 
  7.  To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
  8. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
  9. To advise the President on matters relating to the disqualifications of the members of Parliament.
  10. To advise the governor on matters relating to the disqualifications of the members of the state legislature.
  11. To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
  12. To request the President or the governor for requisitioning the staff necessary for conducting elections.
  13. supervise the machinery of elections throughout the country to ensure free and fair elections.
  14. 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. 
  15. 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.

Electronic Voting Machine (EVM) and Voter Verifiable Paper Audit Trail (VVPAT)

Context: The Congress general secretary has written to the Chief Election Commissioner (CEC), requesting that a delegation from the Indian National Developmental, Inclusive Alliance (INDIA), be granted an appointment to enable them to present their views on Voter Verifiable Paper Audit Trail (VVPAT) slips.

About Electronic Voting Machine (EVM)

In general, it means voting using electronic means to either aid or take care of the work related to casting and counting votes. Section 61A of the Representation of People Act, 1951 allows the use of EVMs by the Election Commission of India (ECI).

  • These are stand-alone non-networked machines.
  • An EVM is designed with two units: control unit and the balloting unit.
    • These units are joined together by a cable. 
    • The control unit of the EVM is kept with the presiding officer or the polling officer. 
    • The balloting unit is kept within the voting compartment for electors to cast their votes. 
    • This is done to ensure that the polling officer verifies your identity. 
  • In India, these are manufactured in two PSUs namely ECIL and BEL.
  • The software used in these is One Time Programmable, which cannot be re-written after manufacturing.

Process of Voting

  • EVM, instead of issuing a ballot paper, the polling officer will press the Ballot Button which enables the voter to cast their vote. 
  • A list of candidate’s names and/or symbols will be available on the machine with a blue button next to it. 
  • The voter can press the button next to the candidate’s name they wish to vote for.

To bring about greater transparency, as many political parties have criticised the use of technology in elections will favour the ruling party, the Hon’ble Supreme Court of India (SC) allowed the ECI to introduce VVPAT in a phased manner.

About Voter Verifiable Paper Audit Trail (VVPAT)

Voter Verifiable Paper Audit Trail (VVPAT) is an independent system attached with the Electronic Voting Machines that allows the voters to verify that their votes are cast as intended. 

When a vote is cast, a slip is printed containing the serial number, name and symbol of the candidate and remains exposed through a transparent window for 7 seconds. 

Thereafter, this printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.

In 2019, the Supreme Court admitted a petition filed by 23 political parties regarding the counting of printed slips from 50% of VVPATs. While the Supreme Court upheld the integrity of the EVM system, this decision was made in the interest of greater stakeholder satisfaction. It also increases the sample size of VVPATs to be matched with the EVM count, from 1 station per assembly to 5 polling stations.

New Bill to Regulate Appointment of Election Commissioners

Context: The Union government introduced a Bill in the Rajya Sabha that proposed the selection panel for appointing the Election Commission.

CEC and other EC (Appointment, Conditions of Service and Term of Office) Bill, 2023

It repeals the Election Commission (Conditions of Service of EC and Transaction of Business) Act, 1991.

Important Provisions of the Bill

Composition of Election Commission

  • The Election Commission shall consist of— (a) Chief Election Commissioner (CEC); and (b) such number of other Election Commissioners (EC) as the President may fix from time to time.
  • The CEC and other EC shall be appointed by the President by warrant under his hand and seal.

Qualification 

  • The CEC and other EC shall be appointed from amongst persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.

Search Committee

  • A Search Committee headed by the Cabinet Secretary and comprising of two other members not below the rank of Secretary to the Government of India, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration of the Selection Committee, for appointment as the CEC and other EC.

Selection Committee 

  • The CEC and other EC shall be appointed by the President on the recommendation of a Selection Committee consisting of
    • Prime Minister—Chairperson.
    • Leader of Opposition in the House of the People—Member.
    • a Union Cabinet Minister to be nominated by the Prime Minister—Member.
  • In the House of the People, where the Leader of Opposition has not been recognised as such, the leader of the single largest party in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.
  • The appointment of the CEC and other EC shall not be invalid merely by reason of any vacancy in or any defect in the constitution of the Selection Committee.

Power of Selection Committee to Regulate its Own Procedure 

  • Selection Committee shall regulate its own procedure in a transparent manner for selecting the CEC or other EC.
  • Selection Committee may also consider any other person than those included in the panel by the Search Committee.

Term of Office 

  • The CEC and other EC shall hold office for a term of six years from the date on which he assumes his office or till he attains the age of sixty-five years, whichever is earlier.
  • The CEC and other EC shall not be eligible for re-appointment.
  • Where an Election Commissioner is appointed as CEC, his term of office shall not be more than six years in aggregate as the Election Commissioner and the CEC.

Salary

  • The salary, allowances and other conditions of service of the CEC and other EC shall be the same as those of the Cabinet Secretary.

Resignation and Removal

  • The CEC or an Election Commissioner may, at any time, by writing under his hand addressed to the President, resign his office.
  • The CEC and other EC shall not be removed except in accordance with the provisions contained in the first and second provisos respectively of clause (5) of article 324 of the Constitution.

Disposal of Business

  • The Election Commission may, by unanimous decision, regulate the procedure for transaction of its business as also allocation of its business amongst the CEC and other EC.
  • All business of the Election Commission shall, as far as possible, be transacted unanimously, and if the CEC and other EC differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.

Supreme Court Judgement in Anoop Baranwal Vs Union of India

  • In this case Supreme Court declared that the appointment of CEC and ECs shall be made by the President based on advice tendered by a Committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and the Chief Justice of India.
  • The court also added that the aforesaid judgment that the said norm provided by the Supreme Court will continue to hold good till a law is made by the Parliament.

Changes Introduced

Election Commission (Conditions of Service of EC and Transaction of Business) Act, 1991.CEC and other EC (Appointment, Conditions of Service and Term of Office) Bill, 2023
The act provides for appointment of CEC and ECs as President may decide.It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.
The act does not provide for any selection committee for appointment of CEC and ECsIt provides for a selection committee consisting of (i) the Prime Minister as Chairperson, (ii) the Leader of the Opposition in Lok Sabha as member, and (iii) a Union Cabinet Minister nominated by the Prime Minister as member.
The act does not provide for any search committee for appointment of CEC and ECs. It provides for a search committee headed by a Cabinet Secretary. 
The act does not provide for qualification of a person to be appointed as CEC and EC.The bill provides that Such persons must have expertise in managing and conducting elections.
The act provides that the salary of the ECs will be equal to that of a Supreme Court judge.The Bill provides that salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.
The bill does not have any provision about reappointments. Under the Bill, the CEC and other ECs will not be eligible for re-appointment.

Issues with the new bill

  • Constitutional Question: Article 324(5) says that the terms of service of the CEC and ECs will be as enacted by Parliament provided that the removal of the CEC will be as the removal of the Supreme Court judges and ECs can be removed on the recommendation of the CEC by the President of India. These provisions cannot be amended by ordinary law of Parliament. It will need an amendment of the Constitution by Parliament.
  • Independence: The selection committee which has the majority of the government questions the independence of selection committee as being independent and impartial in the appointing process. 
  • Downgrade in Condition of Service: The bill also downgrades the status and standing of the CEC and two ECs in case of salary and allowances from that equivalent to a Supreme Court judge to that of the Cabinet secretary.
  • Issue Remains: the issue that a CEC was not holding office for six years remains as the provision made under bill that combine tenure of the ECs cannot be more than 6 years, retirement age of 65 years for CEC leaves the possibility tenure being less than 6 years.

Arguments in favour of the Bill  

  • Constitutional Mandate: Constitution provides that subject to the provision of the parliament law president can determine the condition of service of CEC and ECs.
  • In line with Judgement: According to the Supreme Court the direction given was subject to the law made by the parliament, so the bill agrees with the judgement. 
  • Provide for Qualification: the proposed bill provides for the qualification which reduces the ambiguity and discretion of executive in appointment.
  • Constitution of Search and Selection Committees: the bill provides for the constitution of these bodies to streamline the process of selecting and appointing an individual. 
  • Clarity about Reappointment: initially the act does not have clear provision about the reappointment, the bill tries to remove the ambiguity and clearly states that there cannot be any reappointment which ensure the independence of the election commission of India.

Election Commission of India was envisaged by the constitutional makers an independent body to conduct free and fair election in India. While old system of appointment had some inherent problems with it, it has also given us CEC like Sukumar Sen, T.N. Seshan etc. the bill introduced to fill the loopholes in the old act has some positive aspect and some issue associated with it which need further deliberation and debate in the Parliament.

National party tag: Election Commission holds hearings with NCP, CPI, TMC

Context: Election commission is reviewing the status of National parties , which has been accorded to various political partis under the exercise of powers described under The Election Symbols (Reservation And Allotment) Order, 1968.

The Election Symbols (Reservation And Allotment) Order, 1968

  • Para 6A deals with Conditions for recognition as a State Party ; 
  • Para 6B deals with the Conditions for recognition as a National Party 
  • Para 6C delas with Conditions for continued recognition as a National or State party.

Conditions for recognition as a State Party (6A)

A political party shall be eligible for recognition as a State party in a State, if, and only if, any of the following conditions is fulfilled 

  1. At the last general election to the Legislative Assembly of the State, the candidates set up by the party have secured not less than six percent of the total valid votes polled in the State; and, in addition, the party has returned at least two members to the Legislative Assembly of that State at such general election; or 
  2. At the last general election to the House of the People from that State, the candidates set up by the party have secured not less than six percent of the total valid votes polled in the State; and, in addition, the party has returned at least one member to the House of the People from that State at such general election; or 
  3. At the last general election to the Legislative Assembly of the State, the party has won at least three percent of the total number of seats in the Legislative Assembly, or at least three seats in the Assembly, whichever is more; or 
  4. At the last general election to the House of the People from the State, the party has returned at least one member to the House of the People for every 25 members or any fraction thereof allotted to that State;] or 
  5. At the last general election to the House of the People from the State, or at the last general election to the Legislative Assembly of the State, the candidates set up by the Party have secured not less than eight percent of the total valid votes polled in the State.

Conditions for recognition as a National Party (6B)

A political party shall be eligible to be recognized as National party, if, and only if, any of the following conditions is fulfilled 

  1. The candidates set up by the party, in any four or more States, at the last general election to the House of the People, or to the Legislative Assembly of the State concerned, have secured not less than six percent of the total valid votes polled in each of those States at that general election; and, in addition, it has returned at least four members to the House of the People at the aforesaid last general election from any State or States; or 
  2. At the last general election to the House of the People, the party has won at least two percent of the total number of seats in the House of the People, and the party’s candidates have been elected to that House from not less than three States; or 
  3. The party is recognized as State party in at least four States.

Conditions for continued recognition as a National or State party (6C)  

If a political party is recognised as a State party under paragraph 6A, or as a National party under paragraph 6B, the question whether it shall continue to be so recognised after any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State concerned, shall be dependent upon the fulfilment by it of the conditions specified in the said paragraphs on the results of that general election.

As per the Election Commission of India at present there are seven political parties which are the status of recognised National Parties. 

  1. All India Trinamool Congress
  2. Bahujan Samaj Party
  3. Bharatiya Janata Party
  4. Communist Party of India
  5. Communist Party of India (Marxist)
  6. Indian National Congress
  7. Nationalist Congress Party

Significance of being recognised as National or State Parties

  • Apart from those recognised as state or national party , the other parties are simply declared as registered-unrecognised parties.
  • RPA allows political parties to accept contributions voluntarily offered to it by any person or company other than a government company.
  • Candidates of registered parties get preference in allotment of election symbols. Other Candidates are identified as independents and do not get preference in symbol allocation.
  • If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State in which it is so recognised.
  • If a party is recognised as a `National Party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.
  • Recognised `State’ and `National’ parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost at the time of revision of rolls and their candidates get one copy of electoral roll free of cost during General Elections.
  • They get broadcast/telecast facilities over Akashvani/Doordarshan during general elections. 
  • A recognized National or State party can have a maximum of 40 “Star campaigners” and a registered un-recognised party can nominate a maximum of 20 ‘Star Campaigners”. The travel expenses of star campaigners are not to be accounted for in the election expense accounts of candidates of their party.

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