Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

THE ROLE OF ELECTION COMMISSION OF INDIA IN

ENSURING TRANSPARENCY IN ELECTION: ISSUES AND
CHALLENGES

Dr. Chandrakanthi .L & Naveen .J, University Law College & Department of Studies In Law,
Bangalore University

ABSTRACT

India is the world’s largest democracy, the roots of this strong democracy is
found in the system of Election. Elections can be termed to be the voice of the
people, judgment of the people and also as a mode of expressing discontent
towards the ruling government. In spite of knowing the importance of elections
certain unhealthy patterns have emerged in the process of elections in the
country, which has to be addressed in an effective way to make Election
Mechanism a more meaningful one. Till the present day, there has not been
enough transparency in certain election related issues such as the assets of the
contesting candidates, expenditure made by the candidates for the elections,
previous criminal records of candidates, breach of the code of conduct in
election campaign, distribution of money, etc.

Election Commission of India is an autonomous, All India body established

under the Article 324 of the Indian Constitution to ensure impartial and fair
elections. It has jurisdiction and supervision over conducting elections to
Parliament, State Legislatures, Offices of the President and Vice President and
also given the power of superintendence, control and preparation of electoral
rolls for these elections. There are many occasions in the past where the
Commission has acted in a vigilant way to uphold the fair and just methods of
election. In this paper an attempt has been made to examine the functioning of
Election Commission in ensuring transparency of election.

Keywords: Election, election-issues, Article 324, Election Commission,

Transparency.

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Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

Introduction

India is the world’s largest and most populous and diverse democratic country. India as a
country is inseparable from its democratic nature of polity. The very birth of Indian
Democracy is evidently visible in the Preamble of the constitution, where it is declared that
India to be a SOVEREIGN SECULAR DEMOCRATIC REPUBLIC1. Election is an essential
feature of the political process in a democracy, election acts as a means for a peaceful, fair and
transparent method transfer of the political administration in a democracy. Periodic elections
are held in a democracy for facilitating smooth transfer of power. By the aforesaid reasons we
can consider elections to be an essential and integral part of a democracy. Now it is an
evidently visible fact that money plays a very important role in the modern day politics. Money
acts as a deciding factor in conducting the elections as well as election campaigning. Elections
which is considered to be the ‘Festival of Democracy’, is not a completely transparent process
today. The question that arises here is that if there is no transparent and fair election mechanism
then the whole democracy may be corrupted and the public may lose faith. Unfair means have
been used by many political parties and candidates to achieve higher rate of success in the
elections. These unfair and unhealthy practices have been addressed by the Election
Commission of India in numerous circumstances. Election Commission being an autonomous
body, is given the powers to preserve the transparency of the election process. This paper aims
to study the Reforms made by the Election Commission in order to bring about the
transparency in elections and increase the participation of the people in the election process.
The Supreme Court of India has also added to the importance of election reforms in its
decisions regarding election offences.

Election and its fundamental principles

“It needs little argument to hold that the heart of the Parliamentary system is free and fair
elections periodically held, based on adult franchise, although social and economic democracy
might demand much more” – Supreme Court of India2.

The Election related provisions are enlisted in The Constitution of India under the Part XV
containing Article 324 – Article 329. The Elections to the state and central legislatures
includes certain fundamental principles under which it has to be conducted. Earlier there was a
separate electorates and communal representation3, this created a divide among the people of
the nation and was against the

1
The Constitution of India, preamble.
2
Mohinder Singh Gill v Chief Election Commissioner, AIR 1978 SC 851.
3
The Indian Councils Act, 1909 (MINTO-MORLEY REFORMS) introduced separate Communal
Electorates to Muslims, this separate electorate was later extended later to Sikhs, Indian Christians, Anglo
Indians and Europeans by the Government of India Act of 1919.

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concept of a unified India. After The Constitution of India came into force this was abolished,
it is considered to be a welcome step towards achieving a unified nation and to establish equal
treatment of all citizens. Under Article 3244 of the Constitution of India, The Election
Commission of India was established as a permanent, All India Body in order to ensure free
and fair elections. It is an autonomous body free from political influence and political control.

The Constitution of India has laid down certain necessary fundamental principles for the
election process that there shall be only one general electoral roll for every territorial
constituency to either House of Parliament or to the House or either House of the Legislature
of a state and no person shall be ineligible for inclusion in the electoral roll on any grounds
relating to religion, caste or sex5, No claim can be made by any person to be included in any
special electoral role for any constituency on the grounds of religion, race, caste, sex or any of
them6. Through these provisions we can see that the Constitution of India ensures secularism
and equal voting rights to all.

Working of the Election Commission of India and Powers

The Supreme Court of India has held that the right to vote or stand as a candidate for election is
not a civil right but it is the creation of a statute or special law and therefore subject to the
limitations imposed by it7. This makes it clear that the limitations can be laid down upon the
voting and contesting rights under the statutes which have created them and the regulation of
these rights can be seen in various decisions, at the same time the law of elections cannot be left
completely to the will of the legislature. If the power is unregulated then the legislature could
make irrational and unreasonable provisions to curtail the right to vote. Therefore “free and fair
election” and “democracy” are the basic features of our Constitution. In the light of the above
facts the autonomy of the Election Commission of India can be considered as to be of utmost
importance if the election process is to be conducted justly and transparently.

Election Commission of India is the sole authority for the electoral mechanism of the country.
Mainly it is given the responsibility of superintendence, direction and control of electoral rolls
for all elections to Parliament, State Legislatures, Offices of President and Vice President and
also conduct of these elections8. Therefore, the entire electoral process in the country is vested
in Election Commission9. The words “superintendence, direction and control are of wide
amplitude, these words are enough to

4
The Constitution of India.art.324. 5 The Constitution of India, art.325. 6 The Constitution of India, art.326.
7
NP Ponnuswami v Returning Officer, Namakkal Constituency, AIR 1952 SC 64.
8
Supra, footnote 4.
9
M.P. Jain, Indian Constitutional Law 858 (LexisNexis, Gurgaon, 8th edn.,2021).

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include all powers necessary for the smooth and effective conduct of elections so that the will
of the people may be expressed”10.

The Election Commission of India is constituted by three members, consisting one Chief
Election Commissioner and two Election Commissioners and they all are appointed by the
President of India. The Chief Election Electoral officer (CEO) of a State/Union Territory is
authorized to look into the overall superintendence, direction and control of the election work
in the territory of the particular State/Union Territory. The Election Commission is also
comprised of other officials such as the District Election Officers(DEO), Returning
Officers(RO), Electoral Registration Officers(ERO), Presiding Officers and many other
officials such as the Election Observers. The collective effort of these officers is responsible in
a fair and transparent election process. Elections for the Lok Sabha and every State Legislative
Assembly have to take place every 5 years, unless called earlier. Lok Sabha can be dissolved
by the President before the completion of the five years period and the General election can be
called under such circumstance, when the Government no longer commands the confidence of
the House11.

Powers of the Election Commission

• The Election Commission of India has the power to order for the re-poll for the whole
constituency under surprise situations and compulsion of circumstances. Election Commission
of India has been given the necessary powers for conducting the elections including the power
of countermanding the poll and order fresh poll12. This power is given in order to tackle
situations of violence and breakdown of law and order at the time of polling and counting of
votes. But this power should not be exercised by the Election Commission arbitrarily, and
should be done only under the principles of natural justice.13
• The Election Commission ensures free and fair election by enforcing and maintaining a model
code of conduct before elections and is empowered to punish any candidate or party that
violates it.
• The Election Commission of India has the power to specify the symbols to the candidates
specified by them for the purpose of the election14. This is very beneficial for the people in
order to avoid confusion at the time of casting their votes. The Election Commission has issued

10
Election Commission of India v Ashok Kumar, AIR 2000 SC 2979.
11
Information from the Election Commission of India website https://eci.gov.in/ (last visited on 21.11.2021).
12
Supra, footnote 4.
13
Mohinder Singh Gill v Chief Election Commissioner, AIR 1978 SC 851.
14
The Representation of the people Act, 1951 (Act 43 of 1951), rule 5(1).

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the Symbols Order, 196815, under Article 324. There are certain necessary conditions to be
followed in the process of allotment of the symbols according this order. The validity of this
order has been challenged many times that it is of a legislative nature, as Election Commission
being an executive body. The supreme court has at all times upheld the validity of the order16.
• It is to be noted that the Election Commission has been given the necessary powers and it is
plenary in nature, and it is essential for the discharging of the functions. The Important
observation is that the Constitutional Provisions relating to the Elections have to be read in the
light of the Representation of People Acts, 1950 and 195117.
• The important problem which has to be addressed during the election is regarding to the
expenses made by the candidates and parties in the process of election. The Election
Commission is required to act in a stringent and vigilant manner in order to look into the
detailed account of the election expenses. This would create a level playing field to all the
contesting candidates. It is a noticeable fact that elections today in India are fought with money
power, under such circumstances it would be very important to take appropriate steps to
maintain the purity of the election. In a democracy, this way of conducting election with the
display of black money, violating the Election provisions cannot be permitted. The
Commission has the power to issue directions requiring the candidates and political parties to
submit the details of expenditure incurred in the election18. As discussed earlier under surprise
situations, the commission also has the power to call for a re-poll.
• Another important issue related to the election is the Criminal Background of the contesting
candidates. The criminal history of the candidates should be scrutinized before they are allowed
to contest for the election, because it might set a wrong example to the public, and also leads to
transfer of power into the hands of anti-social elements. Thus the Election Commission is
directed by the Supreme Court of India to issue certain necessary directions to the contesting
candidates to file an affidavit detailing information about themselves and their previous
records19. This would be very effective method to stop the criminals from entering into the
political arena. The voters must also have a sound knowledge about the persons who are
contesting in the election, it is also their essential right. This would also be very useful to the

15
The Election Symbols (Reservation and Allotment) Order, 1968 (August 1968).
16
Jagannath Mohanta v Election Commission of India, AIR 2000 Ori 44, APHLC Shillong v MA Sangma,
AIR 1977 SC 2155.
17
Supra, footnote 13.
18
Common cause- A Registered Society v UOI, AIR 1996 SC 3081.
19
UOI v Ass for Democratic Reforms, AIR 2002 SC 2112.

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voters to assess and decide the most deserving candidate among all the other contesting
candidates.
A candidate contesting for election to a House of Parliament/State Legislature is now required
to furnish the information regarding the two points namely20-
a) Whether he is accused of any punishable offence with imprisonment for one year or more in a
pending case in which a charge has been framed by the court of competent jurisdiction.
b) He has been a convict for any offence and has been sentenced to imprisonment for one year or
more.
• Limits on electoral expenditure for contesting candidates have been set out in Section 77 of the
Representation of People Act 1961. That is every candidate at an election shall, either by
himself or by his election agent, keep a separate and correct account of all expenditure in
connection with the election incurred or authorized by him or by his election agent between
[the date on which he has been nominated] and the date of declaration of the result21.
• Section 77(3) of the Representation of People Act limits the electoral spending by contesting
candidates. By the Conduct of Elections (Amendment) Rules, 2014, the limit for candidate
expenditure is between Rs.54-70 lakhs for candidates of parliamentary constituencies, and
between Rs.20-28 lakhs for candidates of assembly constituencies22.
A candidate contesting for the election is also required to give a declaration of assets and
liabilities and the assets and the same is to be made even by an elected member to the presiding
officer of the concerned house. So from all the above discussed facts we can say that the
Election Machinery of India is in Safest hands of the Election Commission of India. The
Election Commission is not only given express powers under the Constitution of India, but also
given certain wide Plenary powers and responsibilities by the Supreme Court of India.

Reforms brought about by the Election Commission over the years-

It is an observable phenomenon that there is a lot of pain and effort that is taken by the
Election Commission of India in order to bring about dynamic changes into the Indian Election
Machinery. We can proudly say that our Election Machinery is one of the best and safest, taking
into consideration the population of our country. It is not an easy task that is carried out by the
Election Commission in

20
The Representation of the people Act, 1951 (Act 43 of 1951).
21
Law Commission of India, “244th Report on “Electoral Disqualifications” (February 2014). 22
ECI,
Conduct of Election (Amendment) Rules 2014, No. 3/1/2014/SDR-Vol.-III, 5th March. 2014

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Conducting and declaring the results of the “Biggest Exercise of Democracy”. Some of the
important reforms brought about by The Election Commission of India are as follows-

❖ The first General Election in India was held in the year 1950-1951. The main fact to be
observed here is that the Literacy rate of our country back then was merely 16% and even under
such situation the election was successfully conducted. In 1988 Prime Minister Rajiv Gandhi
government amended the constitution to reduce the voting age from 21 to 1823. This brought a
whole new generation of voters into the electoral process24.
❖ In the year 1982, Electronic Voting Machine was made use for the first time as a trial. This was
done in the Parur Assembly Constituency of Kerala and later extended to a few other elections
in different states. It was in the year 2004, that Chief Election Commissioner T.S.
Krishnamurthy took up the uphill task of conducting the entire general election using almost a
million Electronic Voting Machines (EVM)25. This was a path changing decision and changed
the whole dynamics of Indian Election Mechanism.
❖ None of the above (NOTA) option was provided in the EVMs was provided to the voters.
NOTA is a ballot option designed to allow the voter to indicate disapproval of all of the
candidates in a voting system. It was introduced in Indian Elections in the year 2013 in order to
comply with the Supreme Court decision in the PUCL case26.
❖ The moment Elections to legislature are announced, ECI or respective State Election
Commissions requisitions various Government departments for the list of employees to carry
out the election process. It immediately gets geared up for conduct of free and fair elections,
government employees might have performed the election duties earlier, but the elections are
conducted once in every 5 years. Because of this there are chances of forgetting the nature of
their duty. New regulations are Issued by the Election Commission of India and there is a need
to train the officials in this regard.27
❖ New methods of training the officials in an interesting and informative manner has been
undertaken by the Election Commission of India. Some of the methods such as deploying a
specialist as Trainer of trainers, Appointment of Polling Officials and Polling Personnel,
training of the officials, last minute instructions during the day of election, training through

23
The Constitution of India (Sixty-First amendment Act), 1988.
24
Editorial, “Needed, Urgent Electoral Reforms” The Hindu, Jan. 2, 2013.
25
Ibid, footnote 23.
26
People’s Union for Civil Liberties v Union of India, 10 SCC 1, 2013.
27
District Election Officer South West District Delhi, “General Election to the Legislative Assembly of
Delhi-2013 Best Practices on Election training” (November 2013).

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various modes Eg: PPT, Write ups, Audio Visuals, Comics etc, sessions were held in
conference hall having mic for trainees for maximum interactive sessions. Quiz programmes
organized at the end of session for assessment, training is repeated for the ones who do not
grasp the subject properly in the first training session. This enables the officials to work to their
full potential and discharge their duties effectively28.
❖ Mock polls are conducted in order to acquaint the election officials to the procedure of
conducting the polling process. Good accomodation is provided to the officials in the process
of polling, basic amenities such as water, toilets are provided in order to protect the welfare of
the election officials29. These are some of the measures taken by the Election Commission of
India in order to have ensure impartial, smooth and transparent election process. The
Commission strives very hard to ensure welfare of the voters as well as the election officials.

Suggested Reforms for the prevailing scenario

➢ If we take a close look into the electoral system of our country is designed in a pro-politician
and anti-voter format. A politician can contest for an election in two constituencies
simultaneously, whereas a voter can vote only in a single constituency. Another thing to be
noticed is that the person held under Preventive Detention Laws can participate and cast his
vote through Postal Ballot, but convicts and under trails are not allowed to vote30.

➢ Many voters in the remote villages are unable to cast their votes due to constraints in
transportation facilities, cost of commuting to the polling booths, problems regarding inclusion
of their names in the list of Voters etc. The Election Commission of India should take further
measures of providing easy commuting facilities and voter registration programs in order to
ensure that each and every voter, even in the remotest of the villages should be able to cast his
vote successfully. That is to facilitate this, free transportation facilities can be provided by the
Authorities to achieve higher percentages of voting. This results in the higher participation of
people in the election polling.

➢ When we look into the recent bye elections held in Himachal Pradesh31, it is seen that some of
the voters in the remote parts of certain districts had to commute to the polling booths using

28
Ibid, footnote 26.
29
Supra, footnote 25.
30
Letters, “Electoral Reforms” The Hindu, April. 26, 2019.
31
The Hindu, Oct 30, 2021.

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cable cars. Looking into the state of such voters, the Election Commission should take
appropriate measures in order to make the polling booths more accessible to the voters.

➢ Looking into the interest of the voters the reforms need to be made targeting the criminals from
entering elections. If men and women of integrity are elected as representatives, issues like
money power, method of appointment of Election Commissioners and EVM use can be
addressed. Legislation is urgently required to empower voters with a right to recall MPs/MLAs.
Similarly, a 50%+1 rule, based on voters’ list, is needed to declare a winning candidate.
Empowering the None of the Above (NOTA) option is equally important. From the
demarcation of constituencies to the formation of Cabinets, a sense of anarchy prevails at every
step. Parliament needs to take up such serious issues to keep the spirit of democracy alive.32This
is very true in the current situation as the elected representatives are not accountable in any way
to the voters, they give no proper account of the development activities carried out by them in
the constituencies. So empowering the public with the right to recall the MPs/MLAs would be
an effective weapon to make the elected representatives to be accountable and responsible in
utilizing the grants and funds for the developmental activities.

➢ Special educative programs have to be held to educate the voters to make them aware of the
importance of their voting rights and to be free from any kind of influences made by the
contesting candidates. This enables them to evaluate the contesting candidates and carefully
choose the deserving candidate. In this regard, educative programs can be held through
Doordarshan and All India Radio programmes. Since this is the age of Social Media, various
Social Media platforms can be employed to create awareness among the voters.

Conclusion

Through this paper the careful study has been made regarding the powers, functions and
working of the Election Commission of India and its role in ensuring the transparency of the
elections. Without the Election Commission the Indian Election Mechanism is unimaginable.
The Election commission has made a commendable job in taking various measures to ensure
transparency in the elections. It upholds the values enshrined in the Constitution such as
equality, equity, impartiality, and rule of law in superintendence, direction, and control over the
electoral governance. Essential feature of the Commission is that it ensures participation of all
eligible citizens in the electoral process in an inclusive voter-centric and voter-friendly
environment.

32
Editorial, “A welcome debate on electoral reforms” The Hindu, July 12, 2019.

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The Commission has been able to keep a check upon various election issues and election
offences but it has not been done completely. By adopting certain necessary suggestions and
by making appropriate studies, further reforms could be implemented to make the election
mechanism more transparent and meaningful installing greater confidence among the people.

The impact of pandemic COVID sectors of India as well as world are badly affected by this. It
has enforced the world wide lock down creating very bad effect on the stu schools/colleges and
all educational activities halted in India. The outbreak of COVID us that change is inevitable.
It has worked as a catalyst for the educational institutions to grow an for platforms with
technologies, which have not been used before. The education sector has been fighting to
survive the crises with a different approach and digitising the challenges to wash away the
threat of the pandemic. This paper highlights some seamless education in the country. Both the
positive and negative impacts of COVID are discussed and some fruitful suggestions are also
pointed to carry out educational activities during the pand Copyright © 2020, Pravat Kumar
Jena. This is an open distribution, and reproduction in any medium, provided
INTRODUCTION The pandemic Covid-19 has spread over whole world and compelled the
human society to maintain social distancing. It has significantly disrupted the education sector
which is a critical determinant of a country’s economic future. February 11, 2020, the World
Health Organisation ( proposed an official name of the virus as COVID acronym for
Coronavirus disease 2019. It was first identified in Wuhan, China on December 31, 2019. First
death by COVID 19 was the 61-year old man in Wuhan, China 2020. WHO declared COVID-
19 as a pandemic on 2020. The first case of the COVID-19 pandemic reported on 30 January
2020 in the state of Kerala and the affected had a travel history from Wuhan, China
(Wikipedia). The first death due to COVID-19 was reported in India on March 12, 2020. It has
affected more than 4.5 million peoples worldwide (WHO). According to the UNESCO report,
it had affected more than 90% of total world’s student population during mid April 2020 which
is now reduced to nearly 67% during June 2020. Outbreak of COVI-19 has impacted more than
120 crores of students and youths across the planet. In India, more than 32 crores of students
have been affected by the various restrictions and the nationwide lockdown for COVI-19. As
per the UNESCO report, about 14 crores of primary and 13 crores of secondary students are
affected which are two mostly affected levels in India.

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