ACADEMIC REPORT FOR THE CENTRE FOR NATIONAL POLICY RESEARCH

Topic: The Role of the ECI to Conduct Elections in a Pandemic

The aim of this academic report is to analyse the past actions of the Election Commission
of India (ECI) and frame a bluebook-like suggestion manual for this constitutional body to
hold further elections in a pandemic, thus prioritising public health and maintaining the
respect which a constitutional body is expected to behold.

In order to come up with an e ective suggestion manual, it was imperative to thrust down
into the constitutional and legal framework which empower the ECI to initiate broad
ranging reforms, in direct deviation from its past practices as established by convention.
This academic report has delved into the exact articles of the Constitution (Article
324-329) and referred to landmark judgements in order to establish that there exists
virtually no unreasonable restriction on the ECI to put which ever restrictions it deems t
while conducting elections in a health emergency.

The academic report also analyses policy suggestions and the inner working of the ECI to
address areas of concerns where the o ces of the observers, returning o cers and other
on ground poll o cials can be e ectively increased with executive powers to take
immediate, instantaneous corrective actions in order to prevent any mass health casualty
during this health emergency. Furthermore, this report not only limits itself to be
suggesting corrective action but proposes further positive responses which can be
undertaken by the ECI for e ective discharge in its role as a constitutional authority to
help the nation reverse this health emergency.

Needless to say, the ECI must balance the right to vote with the right to life in a manner
that our democratic foundations do not su er and our health infrastructure is not
overwelhmed. The concerns of smaller and regional parties shifting to virtual modes of
campaigning, limiting sizes of public rallies, maintaining social distancing in crowds are
obvious challenges which the ECI would face as is natural in a country as highly and
densely populated as ours. However, it is to tackle these challenges itself and lay a level
playing eld for all parties in a pandemic that the ECI must take corrective action as
allowed by law and come out with a reformed election atmosphere (legal obstacle are
nulli ed herewith) to restore the Indian publics pride in festivals of democracy, without at
any cost, costing anyone their health!

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