ELECTION COMMISSION AND IT’S COMPOSITION

Regular elections are one of the most significant characteristics of a democratic government.
Elections are the democracy's signpost; they are the means through which the attitudes,
values, and beliefs of the people toward their political environment are represented. Elections
are the key democratic method for choosing and regulating leaders. Constitutionally, the
government has the power to govern those who elect it through elections. Elections represent
the sovereignty of the people and offer legitimacy to the government's power. Therefore, free
and fair elections are essential to the success of a democracy.
Growth of democracy is only possible when citizens have the right to participate in the
democratic process. In accordance with Article 326, elections in India are held on the basis of
"Adult Suffrage," the most crucial pillar of democracy.
To guarantee free and fair elections, the Constitution creates the Election Commission. In
1950, India's Election Commission is founded. This is an autonomous body that is immune to
political pressures and executive control. Efforts have been made to guarantee that the
Election Commission is an independent body, unaffected by external demands from the
ruling party or government. It is the responsibility of the Election Commission to conduct
free and fair elections for all legislative bodies and ensure the growth of democracy.
There are states with mixed populations. There are local people and others who are racially,
linguistically, and culturally distinct, but the All - India Election Commission has been
established to supervise, organise, and conduct elections.
Election Laws in India are founded on the core principles of constitutional democracy. In
order to protect these ideals from unwarranted legislative and executive interference, the
founders of the Constitution enshrined them as fundamental provisions. Therefore, if a court
is confronted with a question about the alteration of election laws and its legality, it may be
required to determine if the amendment violates the Constitution's fundamental democratic
values.
The Election Commission enjoys constitutional protection. [4] The Election Commission
shall be charged with overseeing, directing, and controlling elections. It relates to the creation
of electoral rolls for all elections of the Parliament and State Legislature. The members of the
Election Commission are:
a) Chief Election Commission
b) There shall be a Regional Election Commissioner.
c) Their tenure of service, other conditions shall be decided by the President.
d) Other such numbers of Election Commissioners as fixed by the President from time to
time.
e) On the request of the Election Commission or Regional Election Commissioner, the
President or Governor shall make available the personnel necessary for the successful
performance of duties.
f) The removal of an Election Commissioner or Regional Election Commissioner
requires the recommendation of the Chief Election Commissioner.
ROLE OF ELECTION COMMISSION:

1. Guardian of Free and Fair Elections

Regular elections are one of the most significant characteristics of a democratic

government.
Periodic free and fair elections are necessary to a democratic government. It is
part of the Constitution's fundamental structure. The Commission has made
significant contributions to the success of elections and, by extension, democracy.
Consequently, it is considered the Guardian of both democracy and free and fair
elections.

2. Model Code of Conduct

The Election Commission is seen as the protector of free and fair elections. It
publishes a Model Code of Conduct for every election to ensure that political
parties and candidates conduct free and fair elections. The Commission
established its initial code in 1971 (5th Election) and periodically amended it. It
establishes standards for the behaviour of political parties and candidates during
elections. Nonetheless, there are cases of code violations by political parties, and
complaints are made regarding candidates' exploitation of official machinery.
Such a code is necessary to ensure free and fair elections. However, the code lacks
a specific legal foundation. It merely has a convincing impact. It contains what are
known as "electoral morality rules." However, this lack of legal support does not
prohibit the Commission from enforcing it. It has the authority to enforce drawing
force per Article 324. [9]

3. Registration of Political Parties

The party system is an indispensable component of Parliamentary democracy. In

1989, a law was enacted establishing this registration procedure, and a number of
parties registered with the Commission. It helps to avoid uncertainty and
headaches inside the administrative apparatus as well as confusion among the
electorate. It assures that political parties can only engage in democratic values if
they are registered.

4. Limits on Poll Expenses

Numerous suggestions have been made by the Election Commission to eliminate

the growing impact of money and its vulgar display during elections. The Election
Commission has established the legal restrictions on the amount of money a
candidate may spend on election campaigns. Periodically, these restrictions have
been updated. By appointing observers, the Elections Commission keeps track of
each candidate's election expenditures. The competitors are also obligated to
report their expenditures within 30 days of the announcement of the results.
 However, political parties do not adhere to the financial Lakshman Rekha since
they spend enormous sums of money in the guise of their supporters.
The Election Commission shortened the campaign period for Lok Sabha and
Assembly elections from 21 to 14 days in order to decrease election expenses.
This effort by the Election Commission to implement these safeguards has been a
step in the right direction. In addition, the Election Commission requires an
affidavit detailing his assets at the time of nomination paper submission.

5. Use of Technological Advancements

Utilizing Scientific and Technological Advances, the Election Commission is

attempting to improve election operations. One of the stages in this direction is the
introduction of EVM - Electronic Voting Machines. It was implemented with the
intention of minimising fraud and enhancing productivity. In 1982, elections for
the Legislative Assembly were held for the first time on a trial basis in the state of
Kerala. The commission made a historic decision to proceed with the use of
EVMs following satisfactory testing and legal inquiries.
To avoid election fraud, EPICs - Electoral Photo Identification Cards - were given
in 1993. In the 2004 election, a voter identification card was required. During the
2007 Punjab Assembly Elections, Parneet Kaur, a representative from Patiala, was
unable to vote until late afternoon because she had forgotten her voter
identification card. In 2008 elections, Karnataka was the first state to include
photos of voters on voter registration rolls. The State Election Commission
created the STEERS electoral roll management software.

6. Multi -Member Election Commission

There has been a long-standing call to expand the Election Commission's

membership. The Ho. Supreme Court in the S. S. Dhanoba v/s.Union of India held
that, since the Election Commission has been entrusted with vital functions and is
vested with exclusive and unrestricted powers to carry them out, it is both
necessary and desirable that these powers not be exercised by a single individual,
no matter how wise he may be. In addition, it adheres to democratic principles.
The Constitution Amendment Act of 1993 established the Election Commission as
a body with many members. No longer would a single-member Election
Commission have unrestricted authority. In light of the vastness of the country
and the magnitude of the electoral responsibilities, the Election Commission
proposed the appointment of regional election commissioners in various zones in
order to lighten its load.

7. Checking Criminalization of Politics

In India, the criminalization of politics is a serious issue. This epidemic originated

in Bihar and gradually spread to the rest of the country. A statute prohibiting the
election of convicts to legislative bodies was introduced in 2003. Nonetheless,
individuals with criminal records continue to hold seats in Parliament and state
legislatures. When lawbreakers become legislators, a very unfortunate and
humiliating situation ensues.
The Commission has voiced its grave concern over antisocial acts. To combat the
threat of criminalization of politics, the commission formulated regulations and
provided recommendations to the government. They noted, "All political parties
must agree that no one with a criminal record will be offered a party nomination."
The applicants are required to provide an affidavit in the prescribed format
detailing their criminal histories, including convictions, acquittals, and current
charges. The information provided by the candidates shall be communicated to the
general public as well as the print and electronic media.

CONCLUSION

The Commission has completed a number of commendable electoral reforms

throughout the years to deepen democracy and improve election fairness. Utilizing
cutting-edge technology, the commission has adopted the most effective measures
to prevent electoral irregularities. All of the Election Commission's efforts,
however, will contribute to the growth of democracy and the public's trust in it. In
its rulings, the Supreme Court has consistently addressed the legal and other
aspects of elections, emphasising the need to safeguard democratic principles. The
Commission should have the authority to punish politicians who violate the Code,
the law, and court orders due to their avarice. The administration of a country
ought to be guided not by the bullet but by the ballot.