10/20/22, 6:11 PM Role Of Election Commission

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Role Of Election Commission

this article precribes the information about the democratic role of Election Commission...

Author Name:   nagnath_borphalkar

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this article precribes the information about the democratic role of Election
Commission...
Indian Democracy & Role Of Election Commission
The Preamble to the Constitution declares India to be a Democratic, Republic. All of us who are
working for protection & upholding the civil rights of the citizens of India are deeply concerned with
democratic polity of the country. “Democracy” is regarded as a basic feature of the Constitution as
held in the

Indira Nehru Gandhi V/s. Raj Narayan[1]

One of the most important features of the democratic polity is elections at regular intervals. Elections
constitute the signpost of the democracy; these are medium through which the attitudes, values and
beliefs of the people towards their political environment are reflected. Elections are the central
democratic procedure for selecting and controlling leaders. Elections grant people a government and
the government has constitutional right to govern those who elect it. Elections symbolize the
sovereignty of the people and provide legitimacy to the authority of the government. Thus, free & fair
elections are indispensable for the success of the democracy.

The growth of democracy is possible only when peoples are entitled to participate in the democratic
process pf the country. According to Art. 326 elections in India are conducted on the basis of the
“Adult Suffrage”, which is most important pillar of the democracy.

In order to ensure free & fair elections the Constitution establishes the Election Commission. In 1950,
the Election Commission has established in India. This is a body autonomous in character and
insulated from political pressures and executive influence. Care has been taken to ensure that the
Election Commission work as an independent body free from external pressures from the party in
power or executive of the day.[2] It is duty of the Election Commission to carry free & fair elections to
the various legislative bodies in the country and guarantee the growth of democracy. There are
mixed populated states. There are native people as well as others who are racially, linguistically and
culturally different but to supervise, organize and conduct election the Commission is setup for All –
India Level.
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Election Laws in India are based on the basic values of constitutional democracy. In order to protect
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these values from unnecessary legislative & executive interference the framers of the Constitution
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incorporated it as constitutional provisions. So when the question regarding amendment of election
laws and its validity challenged before the court of law it may necessary to examine that, whether
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amendment is against basic values of democracy of the Constitution.[3] Downl
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The Election Commission has constitutional status.[4] The superintendence, direction & control of
elections to be vested in the Election Commission. It deals with the preparation of rolls conducting all
elections of Parliament and State Legislature. The Election Commission consists of:
a) Chief Election Commission
b) Other such numbers of Election Commissioners as fixed by the President from time to time.
c) There shall be a Regional Election Commissioner.
d) The President or Governor on request by the Election Commission or Regional Election
Commissioner shall make available such staff to discharge functions effectively.
e) The Election Commissioner or Regional Election Commissioner shall not be removed except on the
recommendation of the Chief Election Commissioner.
f) Their tenure of service, other conditions shall be decided by the President.
Functions:
The Election Commission performs following functions:
a) The superintendence, direction & control of elections.
b) To conduct elections of various bodies.
c) To advice the President or Governor of a State for disqualification of any member.
d) To pass any order in respect of the conduct of the elections when there is no law or rule made
under the law.

In the case of, Election Commission of India v/s.Ashok Kumar [5]

Supreme Court observed that, ‘superintendence, direction & control’ these words are enough to
include all powers necessary for smooth and effective working, conduct of elections so that the will
of the people may be expressed. The Constitution[6] bars the interference of the Courts in the
matters of elections. The Election Petitions are allowed and to be presented before such authority as
provided by the law or legislature.

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Role of Election Commission:

1. Guardian of Free & Fair Elections.
One of the most important features of the democratic polity is elections at regular intervals.
Democracy is the

“Government of the people, By the people, And for the people”.

Holding periodic free & fair elections are essentials of democratic system. It is part of basic structure
of the Constitution. It has been held in T. N. Sheshan V/s Union of India[7]. The Commission has
taken many efforts for the success of elections and thereby democracy. So it is regarded as Guardian
of both, democracy & free & fair elections.

2. Model Code of Conduct

The Election Commission is regarded as guardian of free & fair elections. In every election, it issues a
Model code of Conduct for political parties and candidates to conduct elections in free & fair manner.
The Commission issued its First code in 1971 (5th Election) and revised it from time to time. It lay
down guidelines for conduct of political parties & candidates during elections. However, there are
instances of violation of code by the political parties and complaints are received for misuse of
official machinery by the candidates.

The Commission held responsible to Mr. Narendra Modi and Smt. Sonia Gandhi for violation of
Model code of Conduct by making controversial remarks during election campaign in 2007 Gujarat Top
Assembly polls.
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Ads bythe Kerala High Court held that

In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner[8],
the object of model code of conduct is not to stop all governmental activities but only those actions
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The need for such code is in the interest of free and fair elections. However, the code does not have
any specific statutory basis. It has only a persuasive effect. It contains what, known as “rules of
electoral morality”. But this lack of statutory backing does not prevent the Commission from
enforcing it. It has power to enforce drawing force under Art. 324.[9]

3. Registration of Political Parties

The party system is an essential feature of the Parliamentary democracy. Law regarding to this
registration process enacted in 1989 and number of parties got registered with Commission. It helps
to avoid confusion and headache of the administrative machinery as well as confusion of the
electorate. It ensures that political parties can practice democracy only by their registration.

4. Limits on Poll Expenses

To get rid of the growing influences and vulgar show of money during elections the Election
Commission has made many suggestions in this regard. The Election Commission has fixed the legal
limits on the amount of money which a candidate can spend during election campaigns. These limits
have been revised from time to time. The Election Commission by appointing observers keeps an eye
on the individual account of election expenditure. The contestants are also required to give details of
expenditure with 30 days of declaration of results. However, political parties do not adhere to the
financial ‘Lakshman Rekha’ as huge amount are spent by parties under the garb of their supporters.

The campaign period was reduced by the Election Commission from 21 to 14 days for Lok Sabha and
Assembly elections; it is for to trim down election expenditure. The Election Commission’s this
attempt to impose these measures has been a move in the right direction.[10] Moreover, Election
Commission takes details of his assets on affidavit at the time of submitting nomination paper.

In Common Cause: A registered Society v/s. Union of India[11], it was pointed out that, in India
elections are fought on the basis of money. The Court ruled that, purity of election is fundamental to
the democracy and Commission can ask the candidates about the expenditure incurred by them and
political party for this purpose.

5. Use of Scientifi c and Technological Advancements.

The Election Commission trying to bring improvements in election procedures by taking advantage of
Scientific and Technological Advancements. The introduction of EVM – Electronic Voting Machines is
one of the steps in that direction. It was used with view to reducing malpractices and also improving
the efficiency. On experimental basis it was firstly tries in the State of Kerala in 1982 for Legislative
Assembly Elections. After successful testing and legal inquires the commission took historic decision
to go ahead and start use of EVMs.

The Election Commission making use of Information Technology launched a web site of its own on
28TH February, 1998 i.e. www.eci.gov.in. It helps to provide accurate information, management,
administration and instant results of the elections. In 1998, Election Commission taken a bold step
and decided programme for ‘computerizations’ of the electoral rolls.

To prevent electoral fraud, in 1993 EPICs – Electorals Photo Identity Cards were issued. In, 2004
elections it was mandatory to possess card. During 2007 Punjab Assembly Elections, Parneet Kaur –
MP from Patiala could not cast her vote till late afternoon as she had misplaced her voter’s card. The
Karnataka become the first State to prepare electoral rolls with photographs of voters in 2008
elections. The State Election Commission developed the electoral roll management software called Top
‘STEERS’[12].

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6. Multi –Member Election Commission Ads by

There was a long standing demand to make the Election Commission a multi member body. The Ho.
Supreme Court in the Add
S. S. Dhanoba v/s.Union of India[13]
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Held that, Election Commission entrusted with vital functions and is armed with exclusive and Downl
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uncontrolled powers to execute them, it is both, necessary & desirable that, the powers are not
exercise by one of individual, however wise he may be. It also conforms to the tenets of democratic
rule.

The Constitution Amendment Act, 1993 made Election Commission to be multi member body. A
single member Election Commission would have no longer unbridled powers. In view of the large
size of the country and the huge electoral the Election Commission also made a proposal for the
appointment of Regional Election Commissioners to different zones to reduce its burden.

7. Election Commission – A Tribunal for Adjudication

There is bar to the Court for interference in the electoral matters[14]. Then the question arises is the
Election Commission a tribunal? Can Supreme Court hear appeal from the Commission? U/A – 136
Commission can be treated as tribunal while adjudicating disputes?

In answering the questions, the Supreme Court held that, Commission is a Tribunal for the purpose
of Article 136 while deciding such a controversy. Such issue decided in the case of A.P.H.L.
Conference, Shillong v/s. W. A. Sangama[15].

Further, Court speaking about the powers and functions of the Commission said that, regulating loud
speaker for electioneering and order issued for that is valid, as held in the Mohinder Singh v/s. Chief
Election Commissioner[16]

8. Checking Criminalization of Politics.

Criminalization of Politics is a grave problem in India. This menance began in Bihar and gradually
spread over the nation. In 20003, a law was introduced to prohibit the election of criminals to the
legislative bodies. However, persons with criminal background continue to hold seats in Parliament &
State Assemblies. This lead to very undesirable and embarrassing situation when law breakers
become law makers.

The Commission has expressed its serious concern over anti - social activities. Commission made
norms and recommendation to the government to curb the menace of criminalization of politics.
They observed that,

“All political parties to reach a consensus that, no person with a criminal background will be given the
party ticket”.

The candidates are obliged to submit an affidavit in a prescribed form declaring their criminal
records, including convictions, acquittals charge pending cases. The information so furnished by the
candidates shall be disseminated to the public, and to the print and electronic media.
9. Right to Know About Candidates.
In order to make democracy healthy & unpolluted, citizens have right to know about Candidates to
whom they prefer as their Representative. To stop criminalization and in the public interest the past
of candidate should not kept in dark. In the case of

Union of India V/s Association for Democratic Reforms[17]

Ho. Supreme Court agreed with Delhi High Court and in judgment directed the Election Commission
to take necessary information on affidavit from candidates as it is part of his nomination paper.
Election Commission must take such information which is mandatory including;
a) His/her criminal antecedents, whether convicted or acquitted? Whether punishable with Top
imprisonment or fine?
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b) Prior to 6 months of filing nomination paper he is an accused of any offence punishable with
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imprisonment of 2 years? Whether Court has taken its cognizance, if so details thereof.
c) The assets (movable, immovable, bank balance)Send
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d) Liabilities, if any, particularly over dues of any public financial institutions or government.
e) Educational qualification of the candidate.

However, failing to furnish required information on nomination papers shall be liable to reject
nomination papers by the Returning Officer. Furnishing wrong and incomplete information also
liable for penal action. This information is available to the general public, and to the print and
electronic media, free of cost.

There should be provision compelling winning candidates periodically to report his work to
constituency and measures taken by him for people grievances as remedy. This sense of
accountability must be given legal shape and punishment for default. There are other important
innovations to make specially elections clean, candidate competent and incorruptible. Invigilation is
important from the beginning to the end of the election process.[18]

10. Role of Advisor.

Recently, the Election Commission has acted in the role of advisor. The Commission issued notice to
Mr. Varun Gandhi and Bhartiya Janata Party for violation of Model code of Conduct by offensive
speech on 7th and 8th March 2009 at Pilbhit District in Uttar Pradesh. However, the Chief Election
Commissioner N. Gopalswami said,[19]

“We have seen the tape and are satisfied.

Hence we passed the advisory.
We have done our duty.
Our duty ends there”.

Further Commission advised him take it or leave it. After this , Election Commission letting the
abusing politicians like Lalu Prasad Yadav, Rabri Devi, Udhav and Jaswant Singh and many more,
simply advising them ‘self-restraint’ but without any concrete action, for their objectionable voice
against each other in public during election campaign.[20]

11. Prohibition on Publication

Moreover, the Commission issued an order for prohibition of publication and disseminating of
results of opinion polls (Exit Polls).

12. Criticism
The democracy is regarded as basic structure in India, but if we observe the situation during the
election, it seems that there is no democracy. The notion of Democracy is changed as:
Government off the people,
Buy the people, and
Far the people.
In the latest elections the Commission affiliated some of the electorals differently to the election of
Lok Sabha and Legislative Council of State, which causes inconvenience to the people. Commission
carried out number of reforms in the process but still it is not proved effective and disputes are
arising for its ineffective performance.

13. Conclusion:
The Commission over the years has conducted number of laudable electoral reforms to strengthen
democracy and enhance fairness of elections. The commission has taken best steps to stop
malpractices during elections by using advance technology. However, all these efforts taken by the
Election Commission will help to grow democracy and its confidence in the minds of people. The
Supreme Court always examined the legal and other issues of elections and always emphasized to
protect the fundamentals of democracy, which reflected through its judgments. The Commission
should be empowered to punish the greedy politicians for violation of Code, Laws, and Orders of the
Courts. A country’s administration should be governed not by the bullet but by the ballot.
--------------------------------------------------------------------------------
[1] AIR 1975 SC 2299
[2] Indian Constitutional Law, Prof. M. P. Jain, 5th Edition, 2009, Pg. 806.
[3] PUCL v/s. Union of India, AIR 2003 SC 2363
[4] Article 324
[5] AIR 2000 SC 2979
[6] Art. 329
[7] AIR 1995 SC 852
[8] AIR 2006 Ker 229
[9] C. Rajshekhar, Ensuring Free & Fair Elections : Role of Election Commission of India, Indian Bar
Review, Vol XXVI (3 & 4)1999, Pg. 103 Top
[10] http://www.mainstreamweekly.net/article1049.html
[11] (1996) 2 SCC 752
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10/20/22, 6:11 PM Role Of Election Commission
[11] (1996) 2 SCC 752
[12] http://www.mainstreamweekly.net/article1049.html Ads by
[13] AIR 1991 SC 1745
[14] Supra note 5 Add the extension Send feedback Why this ad?  Downl
[15] AIR 1997 SC 2155Earn points toward free gift cards with Microsoft Rewards. Microsoft
[16] AIR 1978 SC 851
[17] (2002) 5 SCC 294
[18] J. Krishna Iyer, Law & Life, Universal Law Publication, 2008 Edition, Pg. 123 – 124.
[19] Tuesday , Mar 24, 2009, http://www.indianexpress.com/news/its-an-advisory-take-it-or-leave-it-
ec-on-varun/438472/0
[20] http://www.merinews.com/article/advisory-role-of-election-commission

The  author can be reached at: nagnath_borphalkar@legalserviceindia.com

ISBN No: 978-81-928510-1-3

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Author Bio:   Nagnath Chandrakant Borphalkar

DOB - 15.02.1984
Education - LLM
Nationality - Indian
Address - at/ Po - Borphal, Ta - Ausa, Dist - Latur
Maharashtra - 413520.
Mobile - 9766753430

Email:   nagnath_borphalkar@legalserviceindia.com Website:   www.legalserviceindia.com

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