The Election Commission of India (ECI) has been in the news due to reported differences among its members during the Special Intensive Revision (SIR) of electoral rolls. Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi reportedly raised objections on several issues related to voter registration, deletion and restoration of names, Form 6 applications, electoral databases and election software.
The developments have brought attention to the functioning of the multi-member Election Commission and its internal decision-making process.
Three-Member Structure of ECI
The Election Commission of India is a constitutional body consisting of:
- Chief Election Commissioner (CEC)
- Two Election Commissioners (ECs)
Initially established in 1950 as a single-member body, the ECI became a multi-member institution in 1989 and was restored to its present three-member structure on 1 October 1993.
All members of the Commission enjoy equal powers and status. Decisions are generally taken through a majority vote, meaning the CEC does not have the authority to independently override the other Election Commissioners.
How Does ECI Take Decisions?
Under Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, the Commission attempts to decide matters through consensus.
However, if differences arise among members:
- The decision is taken according to the majority view.
- In a three-member Commission, support from two members becomes the majority decision.
The law also provides that internal procedures and allocation of work should ideally be settled through unanimous decisions.
Importance of Form 6 in Electoral Rolls
Form 6 is used by eligible citizens to apply for inclusion of their names in electoral rolls.
The reported objections regarding Form 6 highlight the importance of following legally prescribed procedures while making changes to voter registration processes. Since electoral rolls directly determine voting eligibility, transparency and accuracy in their preparation are essential for free and fair elections.
Powers and Functions of Election Commission
The ECI is responsible for supervising and conducting elections in India. Its major functions include:
- Conducting elections to Parliament, State Legislatures, President and Vice-President.
- Preparing, revising and updating electoral rolls.
- Supervising election machinery and officials.
- Registering political parties and granting recognition.
- Allotting election symbols under the Election Symbols Order, 1968.
- Implementing the Model Code of Conduct during elections.
- Monitoring election expenditure.
- Advising the President and Governors on disqualification matters.
- Performing quasi-judicial functions related to political parties and election disputes.
Constitutional and Legal Framework
The functioning of ECI is governed by several constitutional provisions and laws:
- Article 324: Provides the ECI with the power of superintendence, direction and control over elections.
- Representation of the People Act, 1950: Deals with electoral rolls and voter registration.
- Representation of the People Act, 1951: Covers election conduct, qualifications, disqualifications and disputes.
- Registration of Electors Rules, 1960: Provides procedures for electoral roll preparation.
- Conduct of Election Rules, 1961: Regulates election procedures.
- Election Symbols (Reservation and Allotment) Order, 1968: Governs party symbols and recognition.
Appointment and Removal of Election Commissioners
The Chief Election Commissioner and Other Election Commissioners Act, 2023 provides the framework for appointment and service conditions.
The President appoints the CEC and ECs based on the recommendation of a Selection Committee consisting of:
- Prime Minister
- Leader of Opposition in Lok Sabha
- Union Cabinet Minister nominated by the Prime Minister
The tenure of the CEC and ECs is six years or until the age of 65 years, whichever is earlier.
The CEC enjoys protection similar to a Supreme Court judge and can be removed only through the prescribed constitutional process. Other Election Commissioners can be removed by the President on the recommendation of the CEC.
Conclusion
The Election Commission of India plays a central role in maintaining the integrity of India’s electoral democracy. A transparent decision-making process, accurate electoral rolls and institutional independence are essential for ensuring public confidence in elections.
FAQs: Election Commission of India (ECI)
What is the Election Commission of India (ECI)?
The Election Commission of India (ECI) is a constitutional body established under Article 324 of the Constitution. It is responsible for supervising, directing and controlling elections in India.
What is the structure of the Election Commission of India?
The ECI consists of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs). All members have equal powers and decisions are generally taken through a majority vote.
What is Form 6 in the electoral process?
Form 6 is used by eligible citizens to apply for the inclusion of their names in electoral rolls. Proper processing of Form 6 applications is important for maintaining accurate voter lists.
How are decisions taken if Election Commissioners disagree?
Under the Chief Election Commissioner and Other Election Commissioners Act, 2023, the Commission attempts consensus-based decisions. If differences remain, decisions are taken according to the majority view.
hat are the major functions of the Election Commission of India?
The ECI conducts elections to Parliament, State Legislatures, President and Vice-President, prepares electoral rolls, recognises political parties, allots symbols, monitors election expenditure and enforces the Model Code of Conduct.
