Mains Marathon

Approach:

• Briefly introduce the Election Commission of India (ECI).
• Discuss the significance of the ECI as the guardian of political fairness.
• Mention the challenges it faces in fulfilling its mandate.
• Suggest reforms to enhance its functioning and autonomy.
• Conclude with a suitable way forward.

Introduction :

The Election Commission of India (ECI), established under Article 324 of the Constitution, is tasked with conducting free and fair elections. While the logistical efficiency of the ECI is widely acknowledged, its larger constitutional role as the guardian of political fairness—ensuring a level playing field and electoral integrity—has come under scrutiny due to recent controversies.

Body

ECI is the guardian of political fairness

• Conducting Free and Fair Elections: The Election Commission of India (ECI) has successfully organized numerous elections across the country, ensuring they are conducted fairly and without bias.
  • It has ensured the integrity—free and fair—of 18 national and more than 370 state elections since 1947.
• Introduced Voter ID Cards: Voter ID cards serve as proof of identity and address, helping to maintain the integrity of the electoral roll and reduce instances of impersonation.
  • The Indian Voter ID Card (officially the Elector's Photo Identity Card (EPIC)) was first introduced in 1993 during the tenure of Chief Election Commissioner T. N. Seshan.
• Introduction of Electronic Voting Machines (EVMs): The adoption of EVMs by the ECI has significantly streamlined the voting process, making it more efficient and reducing the chances of electoral fraud.
• Implementation of Model Code of Conduct (MCC): The ECI enforces the MCC during elections to ensure a level playing field for all political parties and candidates.
• Initiatives for Inclusive Participation: It has implemented special provisions such as reserved constituencies for Scheduled Castes (SCs) and Scheduled Tribes (STs), as well as measures to prevent electoral malpractices such as booth capturing, voter intimidation, and bribery, thereby upholding the democratic process.
• Innovative Use of Technology: The ECI has embraced technological advancements to improve the electoral process, such as the introduction of voter registration portals, online voter verification systems, and mobile apps for voter education and information dissemination.

Challenges Associated with the Election Commission of India:

• Appointment of Election Commissioners: The Supreme Court in Anoop Baranwal v. Union of India (2023) ruled that the appointment process lacked independence and mandated a collegium system (PM, LoP, CJI) for appointments, akin to other constitutional authorities.
• Opaque Political Funding: Despite concerns raised over Electoral Bonds, the ECI failed to publicly oppose the scheme. The Supreme Court, in February 2024, struck it down for violating transparency in elections.
• Allegations of Partisan Conduct: Accusations of selective inaction during the 2019 and 2024 Lok Sabha elections, particularly regarding hate speech and communal campaigning by senior leaders, dented public confidence.
• Weak Enforcement Powers: MCC violations are met with advisories rather than strict penalties. The lack of statutory backing for the MCC weakens its enforceability.
• Inability to Deregister Political Parties: The Representation of the People Act, 1951 provides for the registration of political parties (Section 29A) but does not grant explicit powers to the ECI to deregister parties for violations like MCC breaches or financial non-compliance.
• EVM-VVPAT Concerns: Persistent demands for 100% VVPAT verification were denied, raising questions on transparency and public trust.
• Inadequate Regulation of Digital Campaigns: The ECI lacks robust mechanisms to tackle social media misinformation, AI-generated content, and hate speech during elections.

Reforms Required

• Implement SC-mandated selection committee for EC appointments involving the Prime Minister, Chief Justice of India, and Leader of Opposition (Anoop Baranwal v. Union of India, 2023 – Supreme Court Verdict).
• Provide statutory backing to the Model Code of Conduct (MCC) to enhance enforceability. (Second Administrative Reforms Commission).
• Empower ECI to deregister political parties for serious violations (Second Administrative Reforms Commission).
• Establish an independent secretariat for the ECI with full financial autonomy (Law Commission of India – 255th Report, 2015).
• Strengthen oversight on social media and AI-based political advertising to prevent misinformation and ensure ethical campaigning (Parliamentary Standing Committee on Information Technology, 2021).
• Increase VVPAT verification beyond the current 5% to enhance transparency and voter confidence.
• Ensure adoption of advanced voting technologies, such as blockchain-based voting systems, to enhance security and reduce the risk of tampering or fraud.

Conclusion:

As Prof. S.Y. Quraishi, former Chief Election Commissioner, observed:

“The credibility of a democracy rests not just on elections being held, but on them being perceived as free and fair.”

The ECI must not be reduced to an event manager of elections. Its constitutional sanctity must be protected through reforms that ensure autonomy, transparency, and accountability. Only then can the ECI fulfil its true role as a bulwark of political fairness and democratic legitimacy.