Democracy Demands Clarity: Onus on the Election Commission

About the Election Commission of India:

1. The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering the Union and State election processes in India.
2. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies and the offices of the President and Vice President in the country.
3. It is not concerned with the elections of panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.
4. Constitutional Provision:
   1. Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
5. Structure of ECI:
   1. Originally, the commission had only one election commissioner, but after the Election Commissioner Amendment Act 1989, it was made a multi-member body.
   2. The Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other election commissioners, if any, as the President may from time to time fix.
6. Appointment and Tenure of Commissioners:
   1. The President appoints the CEC and Election Commissioners as per the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
   2. They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
   3. The salary and conditions of service of the CEC and ECs will be equivalent to that of the Supreme Court Judge.
7. Removal:
   1. They can resign anytime or can also be removed before the expiry of their term.
   2. The CEC can be removed from office only through a process of removal similar to that of a SC judge by Parliament, while ECs can only be removed on the recommendation of the CEC.
8. Related Case:
   1. Anoop Baranwal vs Union of India Case, 2023
      1. A five-judge bench of the Supreme Court (SC) unanimously ruled that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha and the Chief Justice of India (CJI).
      2. In case no leader of the Opposition is available, the leader of the largest opposition Party in the Lok Sabha in terms of numerical strength will be a part of such committee.
   2. The Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, in response to the directive of the Supreme Court in the Anoop Baranwal vs Union of India case, 2023.

Challenges

Way Forward

The Election Commission does not share detailed voting data on time.

T]he Election Commission should give clear and complete voting data timely.

People start losing trust because important information is not available.

Sharing full data openly will help build public trust in the election process.

Media and civil society cannot check if the elections were fair or not.

Let independent groups access data so they can check and verify things.

When there is no official data, false news and doubts can spread.

Share correct data early to stop rumours and confusion.

The Election Commission does not respond well to public criticism.

It should accept feedback and try to improve how it works.

EnsureIAS Mains Question:

“The lack of transparency in the functioning of the Election Commission of India (ECI), particularly in the dissemination of voting-related data, raises serious concerns about electoral accountability and public trust.” Critically examine this statement in the context of the 2024 General Elections. (150 words)

EnsureIAS Prelims Question:

Q. Consider the following statements regarding the role and functioning of the Election Commission of India (ECI):

1. The Election Commission is a constitutional body responsible for conducting free and fair elections in India.
2. The ECI is mandated to proactively disclose detailed polling and voter turnout data in real-time during elections under the Representation of the People Act, 1951.
3. Lack of transparency in election data sharing can affect public trust and electoral credibility.

Which of the statements given above is/are correct?
a. 1 and 2 only
b. 1 and 3 only
c. 2 and 3 only
d. 1, 2 and 3

Answer: b

Explanation:

Statement 1 is correct: The Election Commission of India is a constitutional body established under Article 324 of the Indian Constitution. It is tasked with the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of the President and Vice-President of India.

Statement 2 is incorrect: While the ECI is expected to function transparently, there is no explicit provision under the Representation of the People Act, 1951, that mandates real-time disclosure of detailed polling or voter turnout data.

Statement 3 is correct: Transparency in election-related data is crucial for democratic accountability. Failure to share detailed, timely information undermines public confidence and hampers informed analysis by civil society and the media.